Susha Khadelwal, vs Govt. Of A.P.
2022 Latest Caselaw 129 Tel

     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

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