Citation : 2025 Latest Caselaw 2002 Tel
Judgement Date : 11 February, 2025
THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL
AND
THE HON'BLE SMT. JUSTICE RENUKA YARA
WRIT APPEAL No.178 of 2025
JUDGMENT (Per the Hon'ble the Acting Chief Justice Sujoy Paul):
Sri M. Janardhan Rao, learned counsel for the
appellants; Sri E. Ramesh Chandra Goud, learned Government
Pleader for Land Acquisition, for respondent Nos.1 and 3 to 5;
Sri H. Rajesh Kumar, learned Government Pleader for Energy,
for respondent No.2 and Sri D. Jagan Mohan Reddy, learned
counsel for respondent Nos.6 and 7.
2. Learned Single Judge has passed the following
directions:
"6. A perusal of the impugned proceeding shows that the 5th respondent had only informed the petitioners that an R&R Award would be passed as per Chapter-V r/w Schedule-II of the Act, and nothing further has been stated therein with regard to respondent authorities not considering the objections filed by the petitioner, as contended. Thus, the petitioners cannot be said to be aggrieved by the said endorsement issued, for approaching this Court by the present Writ Petition, without even waiting for the authorities to pass an R&R Award, for them to assail the action of the respondents- authorities in passing the said Award as being contrary to Schedule-II of the Act.
7. For the aforesaid reasons, this Court is of the considered view that the present Writ Petition as filed is premature and has to fail.
8. Accordingly, the Writ Petition is dismissed. However, liberty is granted to the petitioners to assail the R&R Award as and when passed by the
respondents-authorities, if are aggrieved by the same. No order as to costs."
3. Learned counsel for the appellants fairly admitted that
the writ petition was filed based on an apprehension that the
appellants' objections would not be considered by the competent
authority while taking a final decision.
4. We find no reason to interfere in the matter on the basis
of mere apprehension. Learned Single Judge has kept it open for
the appellants to file appropriate proceedings, if their objections
have not been decided or if they are aggrieved by the final award.
No case is made out to interfere in the matter.
5. Accordingly, this Writ Appeal is disposed of. No costs.
Interlocutory applications, if any pending, shall also
stand closed.
___________________ SUJOY PAUL, ACJ
____________________ RENUKA YARA, J
Date: 11.02.2025 Myk/Tsr
THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL
AND
THE HON'BLE SMT. JUSTICE RENUKA YARA
(Per the Hon'ble the Acting Chief Justice Sujoy Paul)
Date: 11.02.2025
myk/tsr
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