Andhra Pradesh High Court - Amravati
G.V.Narasimha Murthy, vs The State Of Andhra Pradesh on 5 October, 2020
Author: Jitendra Kumar Maheshwari
Bench: Jitendra Kumar Maheshwari
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE FIFTH DAY OF OCTOBER TWO THOUSAND AND TWENTY Solon, Fo :PRESENT: THE HONOURABLE THE CHIEF JUSTICE SRI JITENDRA KUMAR MAHESHWARI WRIT PETITION NO: 6274 OF 2019 Between: G.V.Narasimha Murthy, S/o.G.Satyanarayana Petitioner AND 4. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Revenue (Land Acquisition), Secretariat Buildings, Velagapudi, Amaravathi. 2 The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Water Sources (Irrigation), Secretariat Buildings, Velagapudi, Amaravathi. 3 The District Collector of Srikakulam District, Collector Office, Srikakulam. 4. The Special Deputy Collector and Land Acquisition Officer - Unit IV,, B.R.R. Vamsadhara Project, Srikakulam Respondents 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 of Mandamus or any other appropriate writ, order or direction, (A) to declare the proceedings Ro.No.2672/2018/G1 dated 04.02.2019 issued by the Respondent Nos. 1 and 3 invoking jurisdiction as under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, notifying properties in Purushottapuram Village, Sarubujjali Mandal, Srikakulam District, for acquisition for the formation of Flood Banks to Vamsadhara River as being illegal, arbitrary, unconstitutional and in violation of the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and in violation of right guaranteed under Articles 14, 21, 300-A of the Indian Constitution, (B) Consequently to set aside the proceedings Rco.No.2672/2018/G1 dated 04.02.2019 issued by the Respondent Nos. 1 and 3 invoking jurisdiction as under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, notifying properties in Purushottapuram Village, Sarubujjali Mandal, Srikakulam District, for acquisition for the formation of Flood Banks to Vamsadhara River as being illegal, arbitrary, unconstitutional and in violation of the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and in violation of right guaranteed under Articles 14, 21, 300-A the Indian Constitution, and (C) Consequently, direct the Respondents herein not to interfere with the Petitioner's ownership, possession and enjoyment of his lands; IA NO: 4 OF 2019: Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the proceedings Rc.No.2672/2018/G1, dated 04.02.2019, issued by the Respondent Nos. 1 and 3 invoking jurisdiction as under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, notifying properties in Purushottapuram Village, Sarubujjali Mandal, Srikakulam District, for acquisition for the formation of Flood Banks to Vamsadhara River, pending disposal of WP No. 6274 of 2019, on the file of the High Court. -2- The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the earlier order of the High Court order dated 01/05/2019 , 03/07/2019, 24/07/2019, 21/08/2019, 18/09/2019, 28/09/2019, 24.10.2019, 26.11.2019, 19.02.2020 and 24.03.2020 made herein and upon hearing the arguments of SRI N ASHWANI KUMAR Advocate for the Petitioner, GP FOR LAND ACQUISITION for R1, R2 & R4 and of GP for REVENUE for the Respondent No.3, the Court made the following. ORDER:
(Taken up through video conferencing) Heard learned counsel for the parties. Interim order passed earlier shall remain in operation until further orders. Immediately on resumption of physical hearing, the case be listed for further orders."
Sd/- M. Nageswara Rao DEPUTY REGISTRAR TRUE COPY! SF . ~ SECTION OFFICER To,
4. One CC to SRI. N ASHWANI KUMAR Advocate [OPUC]
2. Two CCs to GP FOR LAND ACQUISITION, High Court Of Andhra Pradesh. [OUT]
3. Two CCs to GP FOR REVENUE, High Court Of Andhra Pradesh. [OUT]
4. One spare copy Psr HIGH COURT HCJ DATED:05/10/2020 wo"
NOTE: LIST THIS CASE IMMEDIATELY ON RESUMPTION OF PHYSICAL HEARING ORDER WP.No.6274 of 2019 INTERIM ORDER IS EXTENDED