The High Court was approached to close a file pending writ petition regarding land acquisition. Holding that nothing survived to be adjudicated, the Court closed the writ petition and all pending miscellaneous petitions without costs.
Closed the Writ Petition and all pending miscellaneous petitions without costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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THEHON'BLE SRIJUSTICE MUMMINENISIJDTIEERKUMAR 150240F200 g_( WRITP T TroNN
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[rctitron un(ler Arlicle 226 oI the Conslrlulrrn of ln(lia praying that rn the (iircr.r.rl-n.es Slal(xi in Urc afliclavit filed Ir{,r,]//rlh, the t.ligh Courl ,)ay bc plc..rso(l to pass an order or dir{)ction tnore pitrlr]lri;Ily one in lhe nature of Wrlt oI ftrlanrlantus aftcr call for rccords pertaining to llrr] (:irse and (i) dcclare the aclton oF the rcspondents in not complelrng the Land n,;rlr|,irtior.r procecding in pursuance of thc Notification U/s 4(1) ol, l,.A.Act, Dt: 28-0{l (}Z as illegal and arbitrary and vrolatrvcs Art. 14 & 3004 of Constitution of lndra irr(j sel aside ]c same. (ii) (tirect tll.-' rosl)ondenls lo issuc a fresh Land Acquisitr(rr lrrooccdings U/s. 4(1) of L.A.Act for paynrcnl of proscnl market value in respo(;l ()t Ac. 7-03 .l/2 {its. s;1gr1n,1 ", Thr rr rrrl)apahad (v), Miryaraguda(A,4), Nargorrrr;r r)r,;tllLt an(r pass .rs award as pcr treslr Norifica(ion (iri) arternatrvery crirect thr: ro::{,or.,ents to pass an order to pay tlre corn0ensalion forlllwi t immcdiately an(l (iv) ;rr,.,;,rrl lhe darnale.)s and costs
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l.A. NOj l OF 2008(WPMP. NO: 19420 OF 2008)
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to pay compensation as awarded in respect of other lands in Award No.1/99-00, Dt: 0S-1 1-99 as enhanced in LAAS No. 1706/2005 by this Hon'ble Court to the lands of the Petitioners also an extent of Ac.7-03 /z .@Gts. situated at Thungapahad(V), Miryalguda (M), Nalgonda District, pending final disposal of main Writ Petition.
Counsel for the Petitioners: SRI N. ASHOK KUMAR
Counsel for the Respondent Nos. 1 & 2: GP FOR IRRIGATION & COMMAND AREA DEVELOPMENT
Counsel for the Respondent No.3: GP FOR LAND ACQUISIT|ON
Counsel for the Respondent No.4: cP FOR ROADS & BUILDINGS
The Court made the following: OROER
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THE HON'BLE SRI JUSTICE MUMMINENI STIDHEER KUMAR WRIT PETITI ON No. 15024 0F 2008
ORDER:
Heard learned counsel for the peLitioners, learned Government pleader for I rrigation and Commercial Area Development lor respondent Nos. 1 and 2, learned Government Pleader for Land Acquisition for respondent No.3 and learned Governp66l pleader for Roacls and Buildings for respcndent No.4.
As a sequel, miscellaneous pe titions, pending if any in this Writ Petition, shall stand closed.
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DATED:1610212023
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,1 s<br>:) c<br><br>ORDER
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WP.No.15024 of 2008
CLOSING THE WRIT PETITION WITHOUT COSTS
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1 issue framed by the court
Whether the writ petition is admissible when nothing survives to be adjudicated.
Various petitioners
Government Pleader for Irrigation and Command Area Development
Government Pleader for Land Acquisition
Government Pleader for Roads and Buildings
Mummineni Sudheer Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
