The single judge dismissed a writ petition filed by 24 persons challenging possession of lands without acquisition or compensation, holding that the plea was negated in a similar judgment delivered earlier by the same court.
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HON’BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION NO.6874 OF 2004
ORDER:
Writ petition is filed by 24 persons with the following prayer: “To issue a Writ of mandamus or any other appropriate writ or order or direction, declaring the action of the respondents in taking possession of the lands of the petitioners without acquiring the same and without paying the compensation under the Land Acquisition Act and paying the exgratia without solatium by treating the petitioners under category “B” of G.O.Ms.No.639 Revenue (Assn.IV) Department, dated 29.09.2001 as illegal, arbitrary and unconstitutional and consequently direct the respondents to pay the market value along with other statutory benefits as allowed under the provisions of Land Acquisition Act for acquisition of the petitioners lands as situate at Alaganur village, Midthur Mandal, Kurnool District as mentioned in proceedings Rc.A4/84/2000, dated 30.10.2001 issued by the fourth respondent, for payment of exgratia amount to the petitioners or to pay the compensation as it was paid to category “A” persons under the aforesaid G.O. after deducting the amount already paid to them and pass such other or further orders as this Hon’ble Court may deem fit.”
When the matter is taken up for hearing, the learned counsel for the petitioners fairly submits that the issue raised in the writ petition is squarely covered by the Judgment of this Court dated 10.02.2011 in W.P.No.17183 of 2004. Wherein, in similar circumstances the plea of the writ petitioners has been negated.
Recording the submission of the learned counsel for the petitioners, the writ petition is dismissed. No order as to costs. Miscellaneous petitions pending, if any, shall also stand dismissed.
JUSTICE CHALLA KODANDA RAM
Date:24.04.2014. Ssv
HON’BLE SRI JUSTICE CHALLA KODANDA RAM
WRIT PETITION NO.6874 OF 2004
DATE: 2 4 TH APRIL, 2014.
SSV
3 issues framed by the court
Whether the plea of preclusion based on a prior judgment in similar circumstances warrants dismissal of the current writ petition seeking declaration and compensation.
Whether petitioners under Category B under G.O.Ms.No.639 dated 29.09.2001 are entitled to declaration of legality and payment of market value and compensation.
Whether the petitioner's prayer for a writ of mandamus declaring the possession without acquisition and compensation illegal and directing payment under the Land Acquisition Act should be allowed.
Colour shows how this judgement treated each authority
W.P.No.17183 of 2004 dated 10.02.2011Followed¶4
24 persons
Respondents
Challa Kodanda Ram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
