THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO WRIT PETITION No.30113 of 2010

ORDER:

This writ petition is filed seeking the following relief:

“….to issue writ of mandamus or any other appropriate Writ, order or direction declaring the action of the respondents 1 to 4 in seeking to dispossess them from the land to an extent of Ac.9.19 in Sy.No.115/5 and 115/7 of Nankaramguda Village of Serilingampally Mandal, without following the due process of law and contemplating to allot the said land in favour of 5th respondent is illegal, arbitrary, contrary to law and violative of principle of natural justice and direct the respondents 1 to 5 not to dispossess them from the said land without following the due process of law...”

2. Heard Sri G.Allabakash, learned counsel for the petitioners, and learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos.1 to 3, and Sri L.Prabhakar Reddy, learned standing counsel appearing on behalf of respondent No.4. The writ petition was dismissed against respondent No.5 for non-compliance of the conditional order dated 13.03.2014.

3. Learned counsel for the petitioners submits that the petitioners are owners and possessors of land to an extent of Ac.5.00 guntas in Survey 115/5, Ac.2.19 guntas and Ac.2.00 guntas respectively in Survey No.115/6 situated at Nanakramguda village of Serilingampally Mandal, Ranga Reddy District, and the same was purchased from the original owners through agreement of sale -cum-General Power of Attorney dated 25.05.2000. The respondent authorities without following any process of law are trying to dispossess the petitioners from the subject property and the same is gross violation of the principles of natural justice.

4. Per contra, learned standing counsel submits the land in Survey No.115 is government land and the then APIIC-respondent No.4 made proposal under Section 3 of Special Economic Zones Act, 2005 ( for short, ‘the Act’) to set up a Sector specific, special economic zone for information technology and information technology enabled services at Nanakramguda village. Basing upon the said proposal, the Government of India granted letter of approval dated 16.06.2006 as required under Section 3(10) of the Act for development and operation of the Sector specific special zone and information technology and information technology enables services at Nanakramguda village. Thereafter, the same was notified under Section 4(1) of the Act and Rules made thereunder and the notification was published in Gazettee of India dated 25.04.2007 in respect of Ac.20.53 cents of land in Sy.Nos.115/part, 115/6, 115/7 (part), 115/8 to 115/13, 115/14 (part), 115/15, 115/34 (part). He further submits that the revenue authorities handed over the possession in respect of land to an extent of Ac.5.04 guntas in Sy.Nos.115/5, Ac.4.19 guntas in Sy.No.115/7 and Ac.5.00 guntas in Survey No.115/8, total admeasuring Ac.14.23 guntas, by conducting a panchanama in favour of respondent No.4 on 31.01.2004.

In turn, respondent No.4 allotted the said land to the IT Companies and Financial Institutions including respondent No.5 herein pursuant to MoU dated 11.08.2005 entered by it with Government of Andhra Pradesh. Hence, the question of dispossession by the respondents from the subject property of the petitioners does not arise. The petitioners are not having any right or interest over the subject property. He further submits that respondent No.4 has already deposited the required amount with the Deputy Collector and Mandal Revenue Officer, Serilingampally Mandal, Ranga Reddy District, and the petitioners have to work out their remedies before the competent authority. Hence, the petitioners are not entitled any relief, much less the relief sought in the writ petition.

5. Learned Assistant Government Pleader reiterated the very same submissions.

6. Learned counsel for the petitioners by way of reply submitted that the petitioners may be granted liberty to submit application claiming compensa