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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.13997 OF 2021

ORDER:

This petition is filed under Article 226 of the Constitution of India, claiming the following relief:

“…to issue a writ an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3 and 4th respondent in not considering the Representations/Complaint through Spandana/legal notice issued by the petitioner in connection with release/disbursement of amount through cheque or either by any other mode to the 6th respondent for acquiring the lands in Survey No 61/B to an extent of Acre 0.40 Cents and in Survey No 61/2 to an extent of Acre 0.88 Cents situated in Talla Proddatur Village Kondapuram Mandal YSR Kadapa District under GNSS project for construction of Gandikota Reservoir without verifying the ownership records as being illegal arbitrary and in violation of principles of natural J Ice and violation of Article 19, 21 and 300A of the Constitution of India and established judicial precedents and consequently direct the 3 and 4th Respondent not to disburse the amount/cheque to the 6th Respondent in connection with the acquisition of the lands in Survey No 61/B to an extent of Acre 0 40 Cents and in Survey No 61/2 to an extent of Acre 0 88 Cents situated in Talla Proddatur Village Kondapuram Mandal YSR Kadapa District under GNSS project for construction of Gandikota Reservoir and pass...”

It is the case of the petitioner that the petitioner and his brother are joint family members and own property in Sy.No.61/B for an extent of Ac.0.40 cents and in Sy.No.61/2 for an extent of Ac.0.88 cents in Talla Proddatur Village, Kondapuram Mandal, YSR Kadapa District, and the same was acquired for construction of Gandikota Reservoir by issuing notification under Section 4(1) of the Land Acquisition Act vide reference No. GNSS/C/654/2009, dated 21.02.2012 by Collector GNSS, YSR Kadapa, by the respondents without considering the legal right of the petitioner and without verifying the ownership records of the petitioner, having half share in the property. It is stated that the respondents are trying to disburse the amount of compensation to the brother of the petitioner, despite legal notice issued by the petitioner dated 23.12.2017 and representation of the petitioner to the

1st respondent but no action was taken till date.

During hearing, learned counsel for the petitioner reiterated the contentions urged in the petition and requested to issue direction to respondent No.4 to conduct necessary inquiry as directed by the District Collector, YSR Kadapa, to the Revenue Divisional Officer, Jammalamadugu, vide reference No.H6/2061/2020, dated 11.06.2021, to conduct necessary inquiry and to take further action.

Learned Assistant Government Pleader for Revenue readily agreed for a direction to complete inquiry by the 4th respondent as directed by the 3rd respondent vide reference No.H6/2061/2020, dated 11.06.2021, within four weeks from the date of this order.

Recording the limited request of the learned counsel for the petitioner and the submission of the learned Assistant Government Pleader for Home, this Writ Petition is disposed of with a direction to respondent No.4 to complete the inquiry and submit report to the 3rd respondent, enabling him to take appropriate action, within four weeks from the date of this order. In the meanwhile, the compensation, if any, determined by the Land Acquisition Department, shall not be disbursed to anyone. There shall be no order as to costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 20.07.2021 AKN THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION No.13997 OF 2021 Date: 20-07-2021 AKN

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