Petitioner sought writ challenging dispossession from agricultural land without following Land Acquisition Act. Court found dispossession was based on a valid 2011 award; dismissed petition as untenable.
Writ petition dismissed; liberty granted to seek appropriate remedy for grievance regarding acquisition proceedings.
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HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY
W.P.No.33946 of 2011
Date : 5-1-2012
Between: Smt. Penmatsa Vijaya .. Petitioner And The District Collector, Eluru, West Godavari District and others .. Respondents
Counsel for petitioner : Sri P. Vinayaka Swamy Counsel for respondents : Government Pleader for Land Acquisition
The Court made the following:
ORDER:
This Writ Petition is filed for a mandamus to declare the action of the respondents in trying to dispossess the petitioner from agricultural land admeasuring Ac.0-89 cents and Ac.0-04½ cents in Sy.Nos.386 and 420, respectively, of Yendagandi village, Undi Mandal, West Godavari District, without following due process of land as illegal and arbitrary.
The petitioner, who claims to be the owner of the above mentioned lands, averred that without initiating any proceedings under the Land Acquisition Act, 1894 (for short "the Act") the respondents are seeking to dispossess her from the said lands.
At the hearing, the learned Assistant Government Pleader for Land Acquisition, on instructions, submitted that the award was passed on 26-11-2011 after following the procedure prescribed under the Act and that the petitioner has not come forward to receive the compensation amount so far. The learned counsel for the petitioner has not denied the above mentioned submission.
As the very premise on which the Writ Petition is filed has turned out to be incorrect, no relief can be granted to the petitioner in this Writ Petition. Accordingly, while dismissing the Writ Petition, liberty is given to the petitioner to avail appropriate remedy in the event she feels aggrieved by the acquisition proceedings.
As a sequel, interim order dated 23-12-2011 is vacated and WPMP No.42226/2011 is disposed of as infructuous.
________________________
Justice C.V. Nagarjuna Reddy
Date : 5-1-2011 AM
Petitioner
District Collector, Eluru
C.V. Nagarjuna Reddy
As recorded by the court registry
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