THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
Writ Appeal No.1010 of 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)
Mr. D.V.Srinivasa Rao, learned counsel for the appellant
and Ms. P.Bhavana Rao, learned Government Pleader for
Land Acquisition representing respondents No.2 to 6.
2. With the consent of the parties, the matter is heard
finally.
3. This intra court appeal has been filed against an order
dated 09.06.2023, passed by a learned Single Judge, by which
writ petition viz., W.P.No.36006 of 2022, preferred by
respondent No.1, has been allowed.
4. In this order, the parties are referred to as per their
rankings before the learned Single Judge.
5. Facts
giving rise to filing of this appeal briefly stated are that the Land Acquisition Officer has initiated proceedings for ::2::
acquisition of lands admeasuring Acs.5.08 guntas and Ac.0.11 guntas situated in Survey Nos.385/A2 and 385/E2 respectively of Indraram Village, Jaipur Mandal, Mancherial District. A notification under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (briefly 'the Act' hereinafter) under Section 11(1) of the Act was issued on 28.08.2019, which was followed by declaration under Section 19(1) of the Act on 23.12.2019. The name of the petitioner was notified as the person entitled for compensation.
6. Thereupon, respondent No.6 filed an objection and filed a writ petition viz., W.P.No.13753 of 2020 seeking a direction to the Land Acquisition Officer to consider the objections filed by him. During the pendency of the aforesaid writ petition, the Land Acquisition Officer, by an order dated 31.12.2020, rejected the objections preferred by respondent No.6. Thereafter, by an order dated 13.05.2022, ::3::
the Land Acquisition Officer referred the matter under Section 77(2) of the Act on the ground that W.P.No.13753 of 2020 is pending. Thereupon, the petitioner challenged the validity of the order dated 13.05.2022 in W.P.No.36006 of 2022. The learned Single Judge has allowed the said writ petition vide order dated 09.06.2023.
7. In the aforesaid factual background, this appeal has been filed by respondent No.6.
8. Learned counsel for respondent No.6 submitted that the learned Single Judge misdirected himself in passing the order under challenge. It is further submitted that the proceedings of the Land Acquisition Officer were challenged by respondent No.6, in a separate writ petition, which was withdrawn. It is further submitted that in the writ petition, a Bench of this Court directed to take action against the then Land Acquisition Officer. It is, therefore, submitted that ::4::
impugned order passed by the learned Single Judge be set aside.
9. We have considered the submission made by learned counsel for respondent No.6 (appellant) and have perused the record.
10. There is no material on record to demonstrate that respondent No.6 has taken any action to challenge the order dated 31.12.2020 passed by the Land Acquisition Officer, by which the objection of respondent No.6 was rejected. Admittedly, the objection of respondent No.6 has been rejected by the Land Acquisition Officer. Merely because the writ petition filed by respondent No.6 viz., W.P.No.13753 of 2020 is pending, no order under Section 77(2) of the Act for referring the matter to the authority can be passed.
11. Even otherwise, from the material available on record, learned Single Judge has noticed that the name of the vendor of the writ petitioner was mutated prior to 1997 and the writ ::5::
petitioner has purchased the subject land by a registered sale deed in the year 2001.
12. For the aforementioned reasons, we do not find any merit in this intra court appeal.
13. The Writ Appeal fails and the same is, hereby, dismissed. No costs.
As a sequel, miscellaneous petitions, pending if any, stand closed.
__________________ ALOK ARADHE, CJ _______________________ N.V.SHRAVAN KUMAR, J Date: 18.10.2023 LUR