THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
W.A.No.3 of 2006
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of the order dated
16.12.2005
passed by the learned Single Judge in W.P.No.9049 of 2004.
The undisputed facts of the case reveal that the appellants/writ petitioners came up before this Court by filing the writ petition stating that land acquisition proceedings took place in respect of land bearing Survey Nos.175, 183AA and 186AA of Gollapally Kalan Village, Shamshabad Mandal, Ranga Reddy District and finally, an award was passed on 06.11.2002. The appellants/writ petitioners' grievance was that complete compensation has not been paid, meaning thereby costs involved in shifting and dismantling the machinery and shifting the plant has not been paid and in those circumstances, they have approached this Court. A counter affidavit was filed in the matter and in the counter affidavit, it was brought to the notice of the learned Single Judge that reference has been made to the Civil Court under Section 18 of the Land Acquisition Act. The learned Single Judge has disposed of the writ petition with a liberty to the appellants/writ petitioners to claim the amount, which was allegedly not granted to them, in the pending reference which was made under Section 18 of the Land Acquisition Act.
The reference was very much pending at the point of time the writ petition was decided. Therefore, in the considered opinion of this Court, as a liberty was already granted to the 2 appellants/writ petitioners to approach the Reference Court, this Court does not find any reason to interfere with the order passed by the learned Single Judge.
Resultantly, admission is declined and the writ appeal is dismissed.
Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
________________________ SATISH CHANDRA SHARMA, CJ _______________________ ABHINAND KUMAR SHAVILI, J 18.01.2022 JSU