THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION NO.15715 OF 2020
ORDER:
The present writ petition is filed by the petitioner under
Article 226 of the Constitution of India for the following reliefs:
"...to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not paying compensation to the Petitioner for the remaining 125 pomegranate trees situated in the Land in Sy.No.492/3 extent Ac.0.81 cents, Reach No.10A of Chanduvaya Village, Atluru Mandal, Y.S.R.Kadapa District is arbitrary, illegal, without Jurisdiction and consequently direct the respondents to pay the compensation to the petitioner for the said 125 pomegranate trees with all statutory benefits..."
2. The grievance of the petitioner in brief is that inspite of
submitting representation dated 04.02.2020 by the petitioner
claiming compensation for the remaining 125 pomegranate trees
situated in the land in an extent of Ac.0.81 cents in survey
No.492/3, reach No.10A of Chanduvaya Village, Atluru Mandal,
YSR Kadapa District, the 3rd respondent has not passed any
order so far, as such, the present writ petition is filed. 2
3. The respondents 2 an 3 filed their counter denying the
allegations made in the affidavit of the writ petition inter alia
contending that the award is under the land acquisition including
two share holders of the petitioner's land in survey No.492/3 to
an extent of Ac.1.26 cents and Ac.1.26 cents with 325
pomegranate trees was referred to civil Court for determination
of compensation but the petitioner has not filed any application
under Section 18 of the Land Acquisition Act for trees and lands
either in 1st spell or 2nd spell. The award is under land acquisition
and their request was referred and enhanced compensation was
paid. It is further stated that the petitioner filed an application
under Section 28-A of the Land Acquisition Act for re-
determination of compensation basing on the judgment in
L.A.O.P.No.296 of 2002 and the Special Deputy Collector has
passed award under Section 28(A) of the Land Acquisition Act to
the petitioner's land and trees and also paid amount. It is further
stated that the petitioner has received compensation under
Section 28(A) of the Land Acquisition Act for the remaining 55
pomegranate trees and the petitioner never filed objections in
the entire process of land acquisition or at the time of payment
of compensation as such the writ petition is devoid of merits and
liable to be dismissed.
3
4. Heard Sri Ch.C.Krishna Reddy, learned counsel for the
petitioner, learned Assistant Government Pleader for Irrigation
and learned Assistant Government Pleader for Land Acquisition.
5. Learned counsel for the petitioner submitted that a
representation was made on 04.02.2020 to the 3rd respondent as
such the respondent authorities are precluded from saying that
the petitioners have not approached the authority.
6. In reply, learned Assistant Government Pleader submitted
that in the representation enclosed along with the writ petition,
there is no endorsement evidencing receipt of the same by the
respondent authorities. If the petitioner has any grievance, he
has to approach the authorities but not by way of the writ
petition.
7. To the said submission, the learned counsel for the
petitioner requested to give liberty to the petitioner to submit a
fresh representation and also to issue a direction to the
respondent authorities to pass orders after hearing the petitioner
by fixing a time frame.
8. Taking the submissions made by both the learned counsel
into consideration and without going into merits of the case and 4
instead of keeping the writ petition pending, this Court is inclined
to dispose of the writ petition with the following directions:-
i) The petitioner is at liberty to submit a fresh
representation in consonance with the representation, dated
04.02.2020 by raising all the grounds along with all the material
in support of his claim to the 3rd respondent/Special Deputy
Collector (L.A) within the period of two (2) weeks from the date
of receipt of a copy of this order;
ii) On receipt of such representation, the 3rd
respondent/Special Deputy Collector (L.A) is directed to dispose
of the same after giving opportunity of being heard to the
petitioner and pass appropriate orders by taking the material
placed before the authorities into consideration in accordance
with law, within eight (8) weeks thereafter and communicate the
same to the petitioner.
9. Accordingly, the Writ Petition is disposed of. There shall be
no order as to costs.
Consequently, miscellaneous petitions, pending if any,
shall stand closed.
________________________ JUSTICE RAVI CHEEMALAPATI Dated : 01.12.2022 SPP 5
THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION NO.15715 OF 2020
Dated : 01.12.2022
SPP
