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2012 Supreme(AP) 541

NOUSHAD ALI
Seetharama Swamy Temple, Rep. by Managing Trustee & Chairman, P. Venkateswar Rao – Appellant
Versus
Revenue Divisional Officer & Land Acquisition Officer, East Godavari District – Respondent


Advocates Appeared:
For the Petitioner:Smt. N. Indrani, Sitharam Chaparla, Advocates.
For the Respondents: A.G.P. for Land Acquisition

COMMON ORDER:

1. These two writ petitions are connected and are being disposed of by this common order.

2. Heard Smt. N.Indrani, learned counsel appearing for the petitioner in W.P.No.19883 of 2004, Sri Sitharam Chaparla, learned counsel appearing for the petitioners in W.P.No.21803 of 2004 and the learned Assistant Government Pleader for Land Acquisition appearing for the official respondents in both the cases.

3. Petitioner in W.P.No.19883 of 2004 is a Temple, viz., Sri Seetharama Swamy Temple (hereinafter referred to as ‘Temple’) situated in Suryaraopet locality of Kakinada Town, East Godavari District. Petitioners in W.P.No.21803 of 2004 claim to be the lessees of the said Temple. In both the writ petitions challenge is to the draft notification Ref.No.G2/8828/2003 dated 19.01.2004 published in the East Godavari District Gazette Extraordinary, dated 20.01.2004. issued under Section 4(1) of the Land Acquisition Act, 1894 (for brevity ‘the Act’) proposing to acquire the temple’s land for providing house sites to weaker section people.

4. Undisputed facts are that, the Temple is the owner of land measuring Ac.2.30 cents situated in Sy.No.85/3 of Mogilipalem Village, Kajuluru Manda
























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