G V Anand Krishna vs Kadari Satayanarayana Reddy ...
2023 Latest Caselaw 3294 Tel

       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