Andhra Pradesh High Court - Amravati
Mummineni Padma vs The State Of Ap on 5 March, 2020
Author: U.Durga Prasad Rao
Bench: U. Durga Prasad Rao
HON'BLE SRI JUSTICE U. DURGA PRASAD RAO
WRIT PETITION No.11140 OF 2019
ORDER:
Heard learned counsel for petitioners Sri Krishna Murthy for Smt., Y. Mahalakshmi, learned counsel for petitioners, learned Government Pleader for Land Acquisition representing respondent Nos.1 to 4 and Sri K. Madhava Reddy, learned counsel for respondent No.5.
2. As can be seen, the petitioners are claiming ownership of Ac.37.30 cents of Taduvai village, Jangareddygudem Mandal, West Godavari District, which is subject matter of acquisition. At the same time, the respondent No.5 temple is also laying a claim over it. Thus, both the petitioners and respondent No.5 are making rival claim over the subject property.
3. Learned Government Pleader for Land Acquisition would submit that in view of the dispute over the title, the Land Acquisition Officer is proposing to refer the matter to competent authority under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, RFCTLARR ACT) and the petitioners as well as respondent No.5 can agitate their claims before the said authority. Learned counsel for petitioners and learned Standing Counsel for respondent No.5 have not objected in this course. However, learned counsel for petitioners would claim that the petitioners are in possession of the property and therefore they may be permitted to cultivate the lands till disposal of the matter by the authority under Section 64 of the RFCTLARR ACT.
4. In view of the above respective submissions, this writ petition is disposed of directing respondent No.3 to refer the matter to authority under Section 64 of the RFCTLARR ACT, within three (03) weeks from the date of receipt of a copy of this order, in which case, the petitioners are at liberty to move an application before the concerned authority seeking permission to cultivate the subject lands pending disposal of the matter under Section 64 of the RFCTLARR ACT. In such an event, the concerned authority shall consider the same and after affording an opportunity of hearing to petitioners as well as the respondent No.5 herein, pass an appropriate order expeditiously but not later than three (03) weeks from the date of filing of an application by the petitioners. No costs.
As a sequel, Interlocutory Applications pending, if any, shall stand closed.
_________________________ U.DURGA PRASAD RAO, J 05.03.2020 Note: Issue CC by 06.03.2020.
B/o.MS HON'BLE SRI JUSTICE U. DURGA PRASAD RAO WRIT PETITION No.11140 OF 2019 Date.05.03.2020 MS