Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 10584 (AP)

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

WP/7081/2021 · 2025-01-02

Ravi Cheemalapati

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

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: 1. Sanka Babu Nagendra 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. 2. Sanka Ravi Sekhar, S/o. (Late) Sanka Linga Raju, Aged 56 years, Occ. Private Employee, D.No.11-188e, Indira Colony, Near Water Tank, Nunna Krishna District. 3. Kanuparthi Vijaya Bharathi, W/o. (Late) Govinda Rao, Hindu, aged about 72 years, Occ. Housewife, R/o. Flat No.502, K.R. Serinity Addagutta, 0pp. JNTU Kukatpally, Hyderabad, Petitioners 2 and 3 are Represented by its' GPA Sanka Babu Nagendra 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. 2. The Land Acquisition officer and Sub-collector, Guntur. 3. The Land Acquisition Officer and Sub-Collector, (FAC) Tenali. 4. Managing Director, APSRTC, RTC Bhawan, Vijayawada, Andhra 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 jffed to issue a Writ or Direction or an order, which particularly in the ^re of writ of Mandamus, declaring the inaction of the respondent Nos 1 ‘tb' 3 herein from not referring the matter to the Civil Court under Section 18 b f% ^ r ■ * of the Land Acquisition Act as per the order dated 19-06-1997 of the '..f* '■ Honorable High Court passed in WP No 9356 of 1993 by the Honorable 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 respondents No. 1 and 2, against return the compensation amount of Rs 50,000/- by the petitioners to the respondent No. 1 and such other or orders as this Honorable court may deem fit and proper in the circumstances of the case and thus render justice. ( Prayer is amended as per the Court's Order dt. 14.11.2024 in IA 1/2024.) lA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances 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 Petition under Section 151 CPC praying that in the circumstances 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 incorporate the name of Revenue Divisional Officer, Guntur as 3rd Respondent in the above petition. Counselfor the Petitioners:SRI. JOGESWARARAO KANCHIBHOTIA Counsel for the Respondent Nos. 1 to 3: GP FOR LAND ACQUISITION Counsel for the Respondent No. 4: SRI Y SOLOMAN RAJU SC FOR APSRTC The Court made the following order: 1 4 APHC010121182021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] 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 AND ...PETITIONER(S) ...RESPONDENT(S) The District Collector and Others 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 inaction of the respondent Nos.1 to 3 in referring the matter to the 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. 02. Sri Praneeth, learned Assistant Government Pleader on written 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. 2 In reply to the said submission, learned counsel for the petitioners requested to record the said written instructions and close the Writ Petition. 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. 03. 04. 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 ASSISTANT REGISTRAR //TRUE COPY// 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 1 12 MAR 2025 . Current Section ja: CLOSING OF THE WP WITHOUT COSTS