CHENUPATI CHINNAMMAI Vs. DISTRICT COLLECTOR GUNTUR DIST

JUDGEMENT

(1.) The writ petitioner prayed for issuance of writ order or direction more particularly in the nature of writ of mandamus calling for records relating to and connected with the draft notification dated 6-9-1994 issued under Section 4(1) of the Land Acquisition Act, 1984, hereinafter in short referred as "the Act" for the purpose of convenience. Section 6 of the draft declaration dated 7-9-1995 issued by 2nd respondent and to set-aside the same as illegal, arbitrary and violation of principles of natural justice and pass other suitable orders.

(2.) It is stated that the petitioner purchased an extent of Ac.0-50 cents in Survey No.300/1 out of Ac.2-25cents from Kurra Anjaneyulu by registered sale deed dated 23-11-1987. The above dry land is in Medikondur Village and Mandal,Guntur District. Since 23-11-1987 she has been in possession and enjoyment of the same by raising cotton crops without any intervention whatsoever. It is further stated that the petitioner came to know that the second respondent issued 4(1) draft notification on 6-9-1994 and Section 6 of draft declaration on 7-9-1995 to acquire an extent of Ac.5.72 cents in Survey Nos.300/1 and 320 of Medikondur Village, Medikondur Mandal,Guntur District to provide house sites to weaker sections. It is also stated that the petitioner purchased the land on 23-11-1987, but however, the second respondent had not shown her name either in Section 4(1) notification or in Section 6 draft declaration. It is also stated that the petitioner is a small farmer owning an extent of Ac.O- 50 cents of land and she has no other land except this land.

(3.) A counter-affidavit is filed by the respondents denying the allegations and a specific stand was taken that there is some dispute between Anjaneyulu and his heirs and hence the awarded amount was deposited in Civil Court under Section 31 (2) of the Act,