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2023 Supreme(AP) 960

DHIRAJ SINGH THAKUR, T. MALLIKARJUNA RAO
District Collector, Kadapa District – Appellant
Versus
K. Ramsubba Reddy (Died) for LRs. S/o Subba Reddy – Respondent


Advocates:
Advocate Appeared:
For the Respondents: C. Prakash Reddy, M.R.S. Srinivas, J. Ugra Narasimha.

JUDGMENT :

DHIRAJ SINGH THAKUR, J.

1. The present appeal filed under Clause 15 of the Letters Patent has been preferred against the judgment and order, dated 07.12.2022, passed in W.P. No. 7650 of 2009 whereby the writ petition was allowed and the Award No. 11, dated 14.02.2002 was set aside so far as it related to the land of the petitioner measuring three acres and thirty one cents primarily on the ground that the respondents had failed to serve a notice upon the petitioner under Section (9) of the Land Acquisition Act, 1894.

2. Briefly stated, the material facts are that land measuring three acres and twelve cents situate in Sy.No. 497, Kothapalli Village was purchased by the petitioner, K.Rama Subba Reddy in the year 1974. The said land was sought to be acquired for purposes of expansion of an industrial estate and to that effect, a notification under Section 4(1) under the Land Acquisition Act, 1894, (in short, “the Act, 1894”) was issued on 16.07.1999 and a declaration under Section 6(1) under the 1894 Act was issued on 15.01.2002. Finally, an Award was passed on 14.02.2002. A writ petition came to be filed by the petitioner in the year 2009, wherein the acquisition proceedings

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