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Sanka Babu Nagendra Sai alias Saibabu, v. The District Collector ,

Court: High Court of Andhra Pradesh

Bench: RAVI CHEEMALAPATI

Judgment date:

Case summary

High Court of Andhra Pradesh judgment dated 2025-01-02. Sanka Babu Nagendra Sai alias Saibabu, v. The District Collector ,. Read the judgment and case...

Judgment text

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 7081 OF 2021 Between: Sanka Linga Raju, 1. Sanka Babu Nagendra Sai alias Saibabu, S/o. Late Enclave, aged 66 years, residing at D. No. 20-1-7 / 305, Indira Ayodhyanagar, Vijayawada-3. 2. Sanka Ravi Sekhar, S/o. (Late) Sanka Linga Raju, Aged 56 years, Occ. Water Tank, Private Employee, D. No. 11-188e, Indira Colony, Near Nunna Krishna District. Rao, Hindu, aged 3. Kanuparthi Vijaya Bharathi, W/o. (Late) Govinda Serinity about 72 years, Occ. Housewife, R/o. Flat No. 502, K. R. Addagutta, 0pp. JNTU Kukatpally, Hyderabad, Babu Nagendra Petitioners 2 and 3 are Represented by its' GPA Sanka Sai alias Saibabu, S/o. Late Sanka Linga Raju, aged 66 years. Residing at D. No. 20-1-7/305, Indira Enclave, Ayodhyanagar, Vijayawada-3. ... Petitioners AND 1.

The District Collector, Guntur, Guntur District. Guntur. 2. The Land Acquisition officer and Sub-collector, 3. The Land Acquisition Officer and Sub-Collector, (FAC) Tenali. Andhra 4. Managing Director, APSRTC, RTC Bhawan, Vijayawada, Pradesh ... Respondents Petition under Article 226 of the Constitution of India praying that in the^cumstances stated in the affidavit filed therewith, the High Court may b jffed to issue a Writ or Direction or an order, which particularly in the r f % ^ ^re of writ of Mandamus, declaring the inaction of the respondent Nos 1 Civil Court under Section 18 ‘tb' 3 herein from not referring the matter to the ■ * 19-06-1997 of the of '..

f* the '■ Land Acquisition Act as per the order dated the Honorable Honorable High Court passed in WP No 9356 of 1993 by Court by action of which the petitioners are deprived of their legitimate right for fair and just enchantment of compensation as illegal, arbitrary and against the principles of the natural justice and contrary to the provisions of the constitution of India and consequently direct the Respondents to return the two acres of land in Sy. No. 83/1 in Pedanandipadu village Guntur District acquired under Award No. 6/ /1988 dated 04-04-1988 by the amount of Rs respondents No. 1 and 2, against return the compensation and such other or orders 50,000/- by the petitioners to the respondent No. 1 the circumstances of the as this Honorable court may deem fit and proper in case and thus render justice. in IA ( Prayer is amended as per the Court's Order dt. 14. 11. 2024 1/2024.

) lA NO: 1 OF 2021 circumstances Petition under Section 151 CPC praying that in the stated in the affidavit filed in support of the petition, the High Court may be pleased to consider the representation dated 28. 02. 2020 of the petitioner pending disposal of above Writ Petition. lA NO: 3 OF 2024 circumstances Petition under Section 151 CPC praying that in the stated in the affidavit filed in support of the petition, the High Court may be pleased to delete the name of the 3rd respondent i. e.. Sub Collector, Tenali ‘I Guntur as 3rd incorporate the name of Revenue Divisional Officer, Respondent in the above petition. Counsel for the Petitioners:SRI. JOGESWARARAO KANCHIBHOTIA ACQUISITION Counsel for the Respondent Nos. 1 to 3: GP FOR LAND SC FOR Counsel for the Respondent No.

4: SRI Y SOLOMAN RAJU APSRTC The Court made the following order: APHC010121182021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332] (Special Original Jurisdiction) THURSDAY,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 7081/2021 Between: Sanka Babu Nagendra Sai Alias Saibabu, and Others ... PETITIONER(S) AND The District Collector and Others ... RESPONDENT(S) Counsel for the Petitioner(S): 1. JOGESWARA RAO KANCHIBHOTIA I Counsel for the Respondent(S): 1. GP FOR LAND ACQUISITION 2. Y SOLOMAN RAJU The Court made the following Order: the matter to the The inaction of the respondent Nos. 1 to 3 in referring Civil Court under Section 18 of the Land Acquisition Act as per the order dated 19. 06. 1997 in W. P. No. 9356/1993 is the grievance of the petitioners. on written 02. Sri Praneeth, learned Assistant Government Pleader instructions dated 16. 12.

2024 of Revenue Divisional Officer, Guntur submitted that the matter was referred and the Sub-ordinate Court, Baptia assigned C. F. R. No. 4569/2024 dated 11. 12. 2024. As such, there is nothing for adjudication and prayed to close the writ petition. 03. In reply to the said submission, learned counsel for the petitioners requested to record the said written instructions and close the Writ Petition. 04. A perusal of the written instructions would indicate that the Sub-ordinate Court Bapatia have already assigned C. F. R. No. 4569/2024 dated 11. 12. 2024, on the reference made by the authorities. 05. Taking the submissions of both the learned counsel and written instructions dated 16. 12. 2024 into consideration, as the sub-ordinate Court, Baptia has already assigned number; there is nothing for adjudication in this writ petition. As such, the writ petition is liable to be closed. 06.

Accordingly, the Writ Petition is closed and the parties are at liberty to pursue their grievance before the said Court. There shall be no order as to costs. Consequently, miscellaneous petitions, pending if any, shall stand closed. Sd/- U. SRI DEVI //TRUE COPY// ASSISTANT REGISTRAR S N OFFICER To, 1. One CC to Sri. Jogeswara Rao Kanchibhotia Advocate [OPUC] 2. One CC to Sri. Y Soloman Raju SC for APSRTC [OPUC] 3. Two CCs to GP for Land Acquisition, High Court Of Andhra Pradesh. [OUT] 4. Three CD Copies GSC ii HIGH COURT DATED:02/01/2025 ORDER WP. No. 7081 of 2021 ja: 12 MAR 2025 1 . Current Section CLOSING OF THE WP WITHOUT COSTS

Source: High Court of Andhra Pradesh. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.