Point of law: Absence of an award in terms of the provisions of the Act, the reference as made to the L.A.R.R. Authority as was done by the District Level Negotiations Committee would have no legal efficacy.

ORDER:

1. The controversy involved in the writ petition, inter alia, is with regard to treating the land of an extent of Acs.1.69 cents out of Acs.5.05 cents in survey No.303/2 of Gollapuram Village, Hindupur Mandal, Ananthapur District, of the petitioner, as a part of industrial park of the Andhra Pradesh Industrial Infrastructure Corporation Limited (A.P.I.I.C.) in the said village and handing over the same to respondent No.7.

2. Heard Mr.P.Roy Reddy, learned counsel for the petitioner, Mr. K.V.Raghuveer, learned Government Pleader representing the learned Additional Advocate General for respondents Nos.1 to 4, Mr.J.Ugra Narasimha, learned standing counsel for A.P.I.I.C. appearing for respondent Nos.5 and 6 and Mr.K.Srinivas, learned counsel for the respondent No.7.

3. (i) While advancing arguments, the learned counsel for the petitioner submits that pursuant to an auction conducted by Ananthapur District Co-operative Central Bank Limited, one Mr.K.H.Muniappa purchased the land of an extent of Acs.5.05 cents and a sale certificate dated 03.07.1996 was issued to him and that through a registered sale deed dated 14.03.2011, the petitioner purchased the said land and was placed in possession of the same. The learned counsel submits that prior to the said sale, as the registration authorities were not accepting the documents for registration, the petitioner’s vendor filed a writ petition viz., W.P.No.29731 of 2010 and by an order dated 29.11.2010, the said writ petition was allowed in terms of the ratio laid down by a Division Bench of the erstwhile High Court of Andhra Pradesh at Hyderabad in Sub-Registrar, Srikalahasti, Chittor District and another v. K.Guruvaiah and another, 2009 (2) ALD 250 (DB) with a direction to the Sub-Registrar to receive the document-in-question and register the same, subject to complying with the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899. He also submits that the revenue authorities have mutated the name of the petitioner in the revenue records in respect of the above said extent of land and issued pattadar passbook etc.,. Further that ROR Form-1B and adangals also reflects the name of the petitioner as pattadar and enjoyer, which confirms that the said land is his private patta land.

(ii) The learned counsel for the petitioner further submits that having found that some constructions were made in his property referred to above, the petitioner got the survey of the same conducted on 14.08.2019 in the presence of A.P.I.I.C. and the revenue officials and later, it transpired that A.P.I.I.C. allotted an extent of Acs.1.69 cents, out of the said extent of Acs.5.05 cents, to respondent No.7 treating the private land of the petitioner, as if it is a part of A.P.I.I.C. industrial park. He submits that aggrieved by the same, the present writ petition is filed and a learned Single Judge by an order dated 16.09.2019 directed the parties to maintain statusquo, which was extended from time to time. The learned counsel submits that subsequently, after filing of the counter-affidavits by the concerned respondents and considering the submissions, an order dated 06.11.2020 was passed, the relevant portion of which reads as follows:

“…After issuing notices to the 5th and 6th respondents filed their counter and additional counter affidavit on 09.12.2019. In their counter affidavit they have specifically stated that by mistake they have included the subject lands in the list of acquired lands, and the respondents undertake to pay compensation as per the rules of the Land Acquisition, Rehabilitation and Resettlement Act, 2013 (also Land Acquisition Act, 2013) for this particular land following due process of law.

Learned counsel appearing for the petitioner contended that even the same was brought to the notice of the concerned respondents, but they have not acted upon it and they are dragging the matter for years together.

Learned Government Pleader appearing for AAG and the learned Stand