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2024 Supreme(Online)(AP) 5674

APHC010102442024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

WEDNESDAY ,THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 5670/2024 Between:

Made Eran Kumar ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. JADA SRAVAN KUMAR Counsel for the Respondent(S):

1. GP FOR REVENUE

2. GP FOR IRRIGATION COMM AREA DEV The Court made the following:

ORDER:

The short grievance of the petitioner is non-consideration of his representation dated 30.12.2023 made for entering his name in the eligibility list of Polavaram R&R entitlements in considering the petitioner’s father name in the SES data as the petitioner is entitled to get benefits provided under R&R package as mandated in the Right to Fair Compensation and Transperancy in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and Right to Fair Compensation and Transperancy in Land Acquisition, Rehabilitation and Resettlement Rules, 2014.

2. Heard Sri Jada Sravan Kumar, learned counsel for the petitioner, Sri E.Kumar, learned Assistant Government Pleader for Revenue and Learned Assistant Government Pleader for Irrigation.

3. Learned counsel for the petitioner in elaboration to what has been stated in the affidavit contended that the petitioner’s land was acquired by the respondent authorities and accordingly SES list has been prepared in which the petitioner’s name was not found. Thereafter, the petitioner made a representation dated 30.12.2023 to enter his name in the SES data but no action has been taken on the said representation so far, as such, filed the present writ petition and prayed to pass appropriate orders protecting the interests of the petitioner.

4. Sri Vijay Kumar, learned Assistant Government Pleader for Revenue contended that the petitioner’s cannot claim as he has no house nor land in his name in the submerged village under acquisition and the petitioner’s representation is pending adjudication before the 7th respondent and 7th respondent will pass necessary orders on the same.

As such, prayed to pass appropriate orders.

5. In reply to the same, learned counsel for the petitioner contended that an opportunity of hearing may be given to the petitioner before passing orders, by the said authority.

6. Perused the record.

7. The contention of the petitioner is that the respondents authorities have not considered the representation dated 30.12.2023 made by him to get benefits provided under R&R package as mandated in the Right to Fair Compensation and Transperancy in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and Right to Fair Compensation and Transperancy in Land Acquisition, Rehabilitation and Resettlement Rules, 2014. Now, the contention of the learned Assistant Government Pleader is that the petitioner’s representation is pending adjudication before the 7th respondent. In view of the pendency, as the authorities have an inention to pass orders on the petitioner’s representation, there is no purpose in keeping the Writ Petition pending inviting counter.

8. As such, this Court is inclined to dispose of the Writ Petition by passing the following order:-

“The 7th respondent shall consider the representation dated

30.12.2023 by providing an opportunity of personal hearing to him and pass appropriate reasoned order in accordance with law and communicate the same to the petitioner.”

9. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

As a sequel, miscellaneous petitions, pending if any, shall stand closed.

___________________________________

JUSTICE RAVI CHEEMALAPATI Date: 20.03.2024 RKS

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