Andhra Pradesh High Court - Amravati
Kommu Rameswaram vs The State Of Andhra Pradesh on 6 January, 2021
Author: D Ramesh
Bench: D Ramesh
Ray, ae (SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI F (SPECIAL ORIGINAL JURISDICTION) WEDNESDAY, THE SIXTH DAY OF JANUARY, TWO THOUSAND AND TWENTY. :PRESENT: - THE HONOURABLE SRI JUSTICE D. RAMESH WRIT PETITION No. 343 of 2021 Between :- Kommu Rameswaram, S/o. Ramaiah. Sh Fey | | : ...Petitioner AND 1.The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Amaravathi, Guntur District. 2.The District Cotlector, Guntur, Gunur District. 3.The Land Acquisition Officer & Revenue Divisional Officer, Gurajala Revenue Division, Gurajala, Guntur District. 4.The Divisional Administrative Officer, Gurajala, Guntur District. 5.The Tahsildar, Gurajala Mandal, Guntur District. ; .... Respondents
WHEREAS the Petitioner above named through his Advocate SRI N. SATYANARAYANA, presented this Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or orders more particularly one in the nature of writ of Mandamus challenging the inaction of the Respondents in particular Respondent Nos.2 and 3 in not considering or hearing the objections of the Petitioner u/s. 15(1) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act of 2013) nor passing any orders as regards the objections of the Petitioner dt.26-12-2020 in violation of Sec. 15 of the Act - of 2013 and proceeding with acquisition of the land the Petitioner 'in Sy.No.257-A3B, admeastring Ac.0.19 cerits., and Sy.No.257-B1B admeasuring ac.0.44 cents, situated at Tummalacheruvu Village, Piduguralla Mandal, Guntur District, as illegal, arbitrary and violative of Sec. 15 of the Act of 2013 and to consequently to set aside the proceeding vide Notification in RC No.3652/2018-G3, dt. 10-09-2020, U/s.11(1) of the Act of 2013 in the interest of justice.
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of SRI N. SATYANARAYANA, Advocate for the Petitioner and of the Govt. Pleader for Revenue on behalf of respondent Nos. 1, 2, 4 and 5 and of the Govt. Pleader for Land Acquisition on behalf of respondent No.3, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.
You viz:
1.The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Amaravathi, Guntur District. ,
2.The District Collector, Guntur, Gunur District.
3.The Land Acquisition Officer & Revenue Divisional Officer, Gurajala Revenue Division, Gurajala, Guntur District.
4.The Divisional Administrative Officer, Gurajala, Guntur District.
5.The Tahsildar, Gurajala Mandal, Guntur District."
are directed to show cause either appearing in person or through an advocate as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted.
Contd..2...
|.A. No. 1 of 2021 :-
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of W.P., the High Court may be pleased to stay all further proceedings under Sec.11(1) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Ac, 2013, vide RC.No.3652/ 2018-G3, dt.10-09-2020 issued by the 2°4 respondent to the extent of acquisition of the Petitioner lands in Sy.No.257-A3B, admeasuring ac.0.19 cents, and Sy.No.257-B1B admeasuring Ac.0.44 cents, situated at Tummalacheruvu Village, Piduguralla Mandal, Guntur District, for the purpose of construction of Toll plaza on the Narketpalli t oAddanki Road, till the consideration of objections in the interest of justice , pending disposal of W.P. No. 343 of 2021, on the file of the High Court.
The Court made the following ORDER :-
"Notice before admission.
Government Pleader for Revenue takes notice on behalf of respondents 1 2,4 and 5. . ' ae Government Pleader for Land Acquisition takes notice on behalf of respondent No.3. | Learned counsel for the petitioner has brought notice of this Court that the respondent authorities have not complied the provisions, particularly Section 15(2) ! ° of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 201 3, wherein there is specific provision that the District Collector shall give the objector an opportunity of being heard. Hence, the Writ Petition.
Learned Government Pleader for Revenue requested time to get instructions in this matter. ~ In view of the above, there shall be interim direction to the respondents, not to proceed further, without passing order under section 15(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and the same may be communicated to the petitioner. | / Sd/-V.Diwakar --_/ Respondents are directed to file counters." ASSISTANT REGISTRAR Post after four (04) weeks.
SECTION FICER // TRUE COPY// for ASSISTANT REGISTRAR To
1.The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Amaravathi, Guntur District.
2.The District Collector, Guntur, Gunur District.
3.The Land Acquisition Officer & Revenue Divisional Officer, Gurajala Revenue Division, Gurajala, Guntur District.
4.The Divisional Administrative Officer, Gurajala, Guntur District.
5.The Tahsildar, Gurajala Mandal, Guntur District. (Addressee Nos. 1 to 5 by RPAD along with a copy of Petition & Affidavit)
6.Two CCs to the G.P. for Revenue, High Court of A.P., at Amaravati(OUT)
7.Two CCs to the G.P. for Land Acquisition, High Court of A.P., at Amaravati(OUT)
8.One CC to N. Satyanarayana, Advocates(OPUC)
9.One spare copy.
TKK HIGH COURT DR.J DT.06-01-2020.
NOTICE BEFORE ADMISSION W.P.No. 343 of 2021.
DIRECTION
-B JAN efei