THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.37714 of 2021

ORDER

This Petition is filed under Section 226 of Constitution of India for following relief:

“…to issue an order or orders or direction or writ more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the 3^rd respondent issuing Notice Rc.No.A/246/2019 dated Nil-12-2021 under Section 37 (2) of RFCTLARR Act without considering the representation of the petitioner dated 24-01-2020 and report of the 4^th respondent dated 30- 09-2021 as illegal, arbitrary, malafide, intentional, opposed to principles of natural justice and in violation of RFCTLARR Act and consequently direct the 3^rd respondent to make reference to the Authority under Section 64 of the Act…”

2. Heard Sri K.V.Bhanu Prasad, learned Senior Counsel appearing for petitioner, learned Government Pleader for Land Acquisition appearing for respondent Nos.1 to 4 and Sri Y.Ashok Raj, learned counsel appearing for respondent No. 5.

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3. Learned Senior Counsel for the Petitioner submits that the petitioner is the absolute owner and possessor of land to an extent of Ac.1.32 guntas in Survey No.582/A and Ac.0.03 guntas in Survey No.593/A situated at Tekumatla Village, Jaipur Mandal, Mancherial District, having purchased the same from 5^th respondent through Sadabainama dated 23.08.2014. From the date of purchase of the said property, the petitioner herein is in peaceful possession of the land by cultivating the same.

4. Learned Senior Counsel for the petitioner further submits that the respondent No.3 has issued land acquisition notification dated 13.08.2019 to an extent of land Ac.23.10 guntas of Tekumatla Village for the purpose of conversion of IK-1 and IK-1A incline mines into Indaramkahni opencast phase-I in which the land of the petitioner was also acquired. At the time of notification, name of the respondent No.5 reflected as owner of the subject property in the publication and ::3::

for the same the petitioner made a representation dated 24.01.2020 to the respondent No.3 stating about the sale of the subject property by the respondent No.5 in his favour and requested to pay the compensation to him. In view of the representation made by the petitioner, the respondent No.3 directed respondent No.4 to submit a detailed report with regard to ownership and possession of the petitioner herein. The respondent No.4 in his report dated 30.09.2021 had mentioned that the petitioner is cultivating the land but not purchased.

5. Learned Senior Counsel for the petitioner further submits that in respect of the report dated 30.09.2021, the respondent No.3 issued notice dated Nil-12-2021 directing the respondent No.5 to appear before him on 21.12.2021 to receive the compensation amount. There is a dispute about the ownership and possession as on the date of acquisition. The respondent No.2 and 3 without referring the matter to ::4::

the authorities as per Section 64 of the Land Acquisition Act and without following the procedure, the respondent No.3 issued notice to the respondent No.5 to receive the compensation amount is contrary to law and requested to refer the matter to the authorities determination of rights to receive the compensation by allowing the writ petition.

6. On the other hand, the learned Government Pleader for Land Acquisition basing on the counter affidavit submits that basing on the representation filed by the petitioner dated 24.01.2020, the respondent No.3 directed the respondent No.4 to submit detailed report. Subsequently, the respondent No.4 has reported that Sri Nadipelli Laxman Rao S/o Madhusudhan Rao (Respondent No. 5) is the Pattedar of Sy.Nos.582/A, 593/A, to an extent of land Ac.1.32 guntas and 0.03 guntas situated at Tekumatla Village of Jaipur Mandal and the same land was acquired under Quarry for conversion IK-1 and IK-1A incline ::5::

mines into Indaramkahni open cast phase-I and Sri Nadipelli Laxman Rao S/o Madhusudhan Rao is the Pattedar and possessor of the subject land.