Andhra Pradesh High Court - Amravati
M/S Aamoda Publications Pvt. Ltd. vs The State Of Andhra Pradesh on 17 October, 2019
Author: Kongara Vijaya Lakshmi
Bench: Kongara Vijaya Lakshmi
THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
Writ Petition No.16183 of 2019
Order:
This Writ Petition is filed to declare the action of the respondents in
trying to dispossess the petitioner from its land admeasuring an extent of
Ac.1-50 cents, situated in Survey Nos.191/10 and 191/14 of
Paradesipalem village, Visakhapatnam Rural Mandal as illegal and
arbitrary.
The case of the petitioner is that it was originally allotted Ac.1-50
cents of land in Survey No.168 of Paradesipalem village, Visakhapatnam
Rural Mandal in the year 1986 and possession was also handed over to
the petitioner; out of the said land which was allotted, an extent of
Ac.1-00 was acquired by the National Highways Authority of India for
formation of NH5 and the petitioner was left with only Ac.0-50 cents of
land and the petitioner was not paid any compensation with regard to the
same; hence, the petitioner submitted a representation to the
respondents seeking allotment of land adjoining the remaining Ac.0-50
cents of land; pursuant to the said representation, the second respondent
submitted alienation proposals for an extent of Ac.1-50 cents in Survey
Nos.191/10 to 191/14 of Paradesipalem village for construction of office
building on payment of prescribed market value; the petitioner paid
Rs.50,00,000/- for the additional Ac.1-00 cents of land allotted to it and
the first respondent issued G.O.Ms.No.251, dated 28.06.2017, whereby it
ordered alienation of the said land; after passing the order of alienation,
the second respondent issued proceedings dated 23.08.2017 directing
handing over of possession of the said land to the petitioner; accordingly,
the land was handed over to the petitioner on 30.08.2017 and since then
the petitioner has been in possession of the entire extent of Ac.1-50 cents
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of land; the petitioner made the land suitable for construction of office
building and as per the rules of allotment, the building has to be
constructed within a period of three years and the petitioner is in the
process of the same; while so, the officials of the respondents visited the
subject premises on 16.10.2019 and threatened to dispossess the
petitioner from the subject property; an announcement was also made by
the Cabinet Minister on 16.10.2019 that the land would be resumed by
the respondents and in the light of such announcement the petitioner
apprehends that the respondents would take over the land without
adhering to the applicable Rules and procedure prescribed under law; as
the land is allotted to the petitioner in terms of G.O.Ms.No.571, dated
14.09.2012, the same cannot be resumed without following the procedure
as contemplated thereunder. Hence, the Writ Petition.
Sri Dammalapati Srinivas, learned Senior Counsel appearing on
behalf of Sri Ginjupalli Subba Rao, learned counsel for the petitioner,
submits that apprehending that the respondents would dispossess the
petitioner from the subject land without following the procedure
established under law, the present Writ Petition is filed and that as per the
Annexure to G.O.Ms.No.571, Revenue (Assignment-I) Department, dated
14.09.2012, if the Government wants to resume the land, the same can
be done only after giving reasonable opportunity to the allottee to explain
the alleged violation/deviation.
On the other hand, Sri P. Sudhakar Reddy, learned Additional
Advocate-General appearing for the respondents, submits that the Writ
Petition is filed basing on an apprehension that the respondents would not
follow the procedure established under law and if the respondents want to
resume the land they would follow the procedure established under law.
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In view of the facts and circumstances of the case, the respondents
are directed not to dispossess the petitioner from the subject land without
following the procedure established under law.
The Writ Petition is, accordingly, disposed of. There shall be no
order as to costs.
As a sequel thereto, the miscellaneous petitions, if any, pending in
this Writ Petition shall stand closed.
_____________________________
KONGARA VIJAYA LAKSHMI, J.
Date: 17.10.2019 Note:
Issue CC by tomorrow (B/O) Nsr 4 THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI Writ Petition No.16183 of 2019 Date: 17.10.2019 Nsr