Disposed

Kondlapudi Sankar Reddy v. The Government of Andhra Pradesh

Telangana HC4 Mar 2013WP/4918/2013

Case brief

AI extract

What is this about?

The Court held that the petitioner must prove assignment prior to 1954 to claim compensation. The petition was disposed of by remanding the matter to the officer for verification of the claim based on a 1995 Government memo.

What did the court decide?

Petitioner directed to appear before Respondent No.3 within two months to prove assignment prior to 1954 for compensation.

Kondlapudi Sankar Reddy Vs The Government of Andhra Pradesh — Land Acquisition | Telangana HC (2013)

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HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY

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WRIT PETITION No.4918 of 2013

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Date:04.03.2013

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Between:

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Kondlapudi Sankar Reddy

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..... Petitioner

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And:

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The Government of Andhra Pradesh, Irrigation and CAD (PW.TGP II) Department, Hyderabad, reptd., by its Secretary and two others

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.....Respondents

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Counsel for the Petitioner: Sri P.Gangarami Reddy Counsel for the Respondents: AGP for Land Acquisition

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The Court made the following: ORDER:

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The action of the respondents in not paying compensation in respect of Acs.2-06 cents of land in Survey No.174/2 of Akilivalasa Village, Rapur Mandal, SPSR Nellore District, is questioned in this Writ Petition.

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It is the pleaded case of the petitioner that the abovementioned land was initially assigned on 12-02-1911 and that the diglot maintained by the revenue department had

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shown the name of Kondlapudi Subba Reddy, the grandfather of the petitioner, as pattadar. It is the further pleaded case of the petitioner that all the revenue records such as Adangal, 1B Register, pattadar pass book and title deed showed the said land as patta land for more than 100 years and that there is no justification for the respondents for showing the said land as assigned land and denying the compensation to the petitioner.

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The petitioner has placed reliance on order, dated 2706-1997, in Writ Petition No.3539 of 1996. This Court disposed of the said Writ Petition based on a previous order, dated 10-06-1996, in Writ Petition No.959 of 1996, which was passed considering the memo No.33165/TGP.II(2)/95-2, dated 30-09-1995. It was observed in the said order that as per the said memo, if the lands were assigned before the year 1954, compensation has to be paid in accordance with the Land Acquisition Act, 1894 (for short ‘the Act’).

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The learned Assistant Government Pleader for Land Acquisition on instructions, submitted that as the petitioner failed to produce proof of assignment prior to the year 1954, compensation is not paid to him.

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The uncontroverted position appears to be that as per memo, dated 30-09-1995, issued by the State Government in respect of the lands assigned prior to the year 1954, which are utilized for any public purpose, compensation as per the Act has to be paid. Therefore, if the petitioner is able to prove before respondent Nos.2 and 3 that assignment

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was made prior to the year 1954, he is entitled to be paid compensation as per memo, dated 30-09-1995.

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The petitioner is, accordingly, relegated to respondent No.3, before whom he is permitted to produce the relevant material in proof of his claim that the assignment was made prior to the year 1954. Respondent No.3 shall consider the petitioner’s claim taking into consideration the material that may be produced by him and take a decision, in the light of order, dated 27-06-1997, in Writ Petition No.3539 of 1996 and memo, dated 30-09-1995, referred to above, within a period of two months from the date of receipt of the claim by the petitioner.

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Subject to the above directions, the Writ Petition is disposed of.

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As a sequel to the disposal of the Writ Petition, W.P.M.P.No.6145 of 2013 filed by the petitioner for interim relief is also disposed of as infructuous.

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__________________________ C.V.NAGARJUNA REDDY, J 04^th March 2013 Mva/Dr

Kondlapudi Sankar Reddy v. The Government of Andhra Pradesh

Case brief

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Kondlapudi Sankar Reddy v. The Government of Andhra Pradesh

Case brief

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