S S NAIDU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ appeal is directed against the order of the learned Single Judge, dated 8.6.1999 in WP No. 6300 of 1999 dismissing the writ petition filed by the appellant-petitioner.

(2.) In the writ petition, the appellant-petitioner sought for the following relief:

(3.) This case has had a long chequered history. In the early sixties, the Government wanted to acquire the land of the petitioner's family under the provisions of Land Acquisition Act. However, the petitioner's family members requested the authorities to drop the acquisition proceedings and by Resolution dated 21.9.1970 the City Improvement Trust dropped the proposal to acquire the land. Thereafter, the 3rd respondent (VUDA) had stepped into the shoes of the City Improvement Trust as the successor. While so, some time thereafter, the petitioner's mother approached the Government and submitted representations requesting it to withdraw the land in question from the land acquisition proceedings. The Government on consideration of the request of the landowner issued G.O.Ms. No. 156 M.A. dated 25.1.1982 deciding to withdraw the Land Acquisition Proceedings subject to the condition that the land owners give the required land free of cost for widening the Waltair road as agreed to by them in their representation dated 1.10.1981 and directing the Collector Visakhapatnam District to send the draft withdrawal notification to the Government for its approval. It is stated that by the date of the above G.O. possession was not taken by the Government. But, thereafter, the things again changed. The Government issued another G.O. i.e. G.O.Ms. No. 714 M.A. dated 11.11.1983 cancelling G.O. Ms. No. 156 dated 25.1.1982. Immediately thereafter i.e., on 3.12.1983, the Government took possession of the land. The petitioner's mother and brothers challenged the said G.O.Ms. No. 714 dated 11.11.1983 in this Court by filing W.P. No. 11326 of 1983. This Court admitted the said writ petition and also granted interim orders of status quo. It is alleged that subsequently, i.e., while the interim order had been in force, the Government demolished a part of the building in the petition schedule land. While so, this Court by judgment-dated 25.4.1984 quashed the G.O.Ms. No. 714 dated 11.11.1983 on the ground that the said G.O. was passed without giving notice to the petitioner's family. The appeal W.A. No. 1081/1984 filed against the said judgment by the 3rd respondent was also dismissed by a Division Bench of this Court on 1.2.1989 confirming the judgment of the single Judge. Thereafter, after due consideration of all the aspects of the matter, the 1st respondent Government issued fresh orders in G.O. Ms. No. 121 M.A. dated 27.2.1990 reiterating their earlier decision to withdraw the land from acquisition recorded in G.O.Ms. No. 156 subject, however, to slight modification. It is submitted that thereafter, the petitioner approached the District Collector, Visakhapatnam, requesting to implement the latest order of the Government issued in G.O.Ms. No. 121 and deliver possession of the land back to them. The Collector, however, passed orders directing them to approach the Government. The petitioner's family thereafter submitted a representation dated 30.11.1992 to implement the order in G.O.Ms. No. 121 dated 27.2.1990. The Government kept quiet and slept over the matter thereafter for nearly six years. While so, in the year 1998, all of a sudden the Government issued the impugned G.O., cancelling the previous G.O. Ms. No. 121 dated 27.2.1990 and re-started the acquisition proceedings.