✦ High Court of India · 11 Feb 2025

High Court · 2025

Case Details High Court of India · 11 Feb 2025

Petition under Article 226 ol lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or Direction more particularly one in the nature of Writ of Mandamus, declaring the arbitrary action of the respondent authorities in not passing orders on the petitioner's representation dtd.23 11112024 in connection with the grant of benefits under Land Acquisition Act, i.e., The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 20'13 and rules thereunder, for payment of compensation and other benefits by duly referring the matter to the competent authority under Section 76 of Land Acquisition Act 2013 in respect of the original owner of the / land/7th respondent in respect of the lands in Sy.No. Sy.No.'145, 133, 134, 135, 12g, 128, 131tL , 132t1 of Meerkhanpet Village of Kandukur Mandal, Ranga Reddy District total land to an extent of Ac.20-00, is illegal, void and opposed to Articles 14,19,21 and 300-4 of Constitution of lndia and consequently to direct the respondent authorities to refer the matter to competent authority under section 76 of the Land Acquisition Act, 2013 in respect of petitioner land or alternatively taking action under land acquisition Act, 2013 for issuing fresh land acquisition notification for rehabilitation and resettlement of the petitioner for releasing benefits to the petitioner/tenant herein in connection with the land in question lA NO: 1 OF 2025 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 direct the respondent authorities to consider the petitioner's representation dtd.23l11l2O24 in connectron with the referring the matter to the competent authority under section 76 of the Land Acquisition Act 2013, pending disposal of the above Writ Petition Counsel for the Petitioner: SRl. MUMMANENI SRINIVASA RAO Counsel for the Respondent Nos. 1to6: SRI S. SRINIAS REDDY, Counsel for the Respondent No.7:-- The Court made the following: ORDER AGP FOR LAND ACQUISITION THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO WRIT PETITION No.3879 of 2025 ORDER: This writ petition is hled seeking the following relief: " ... to issue a Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the arbitrary action of the respondent authorilies in not passing orders on the petitioner s representation dtd 23 /1112024 in connection with the gr:ant of benefits under Land Acquisition Act i.e., The Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation arrd Resettlement Act 2013 and rules thereunder for payment of compensation and other benelits by duly referring t}.e matter to the competent authority under Section 76 of Land Acquisition Act 2013 in respect of the original owner of the land l7th respondent in respect of the lands in Sy Nos.145, 133, 134, 135, 129,128, l31ll atd 132/1of Meerkhanpet Village of Kandukur Mandal Ranga Reddy District tota,i land to an extent of Ac.2O.O0 is illegal void and opposed to Articles 14, 19, 21 and 30OA of Constitution of India and consequently to direct the respondent authorities to refer t}]e matter to competent authorigr under section 76 of the Land Acquisition Act 2013 in respect of petitioner land or alternatively taking action under land acquisition Act 2013 for issuilg fresh land acquisition notification for rehabilitation and resettlement of the petitioner for releasing benefits to the petitioner/tenant herein in connection with thc land in question."

2. Heard Sri M.Srinivasa Rao, learned counsel for the petitioner and Sri S.Srinivas Reddy, iearned Assistant Government Pleader for Lald Acquisition for respondent Nos. 1 to6

3. Notice in respect of respondent No.7 is dispensed with, on the ground that petitioner restricted his claim to direct Z respondent Nos.2 to 4 to consider the representation dated 23.11.2024, in accordance with law. I

4. With the consent of learned counsel for the parties, the writ petition is being disposed of at the stage of admission.

5. Learned counsel for the petitioner submits that petitioner has submitted representation before respondent authorities on 23.11.2024, requesting them to refer the matter to competent authority under Section Z6 of Right to Fair Compensation ald Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (Act 30 of 2Ol3) and issue fresh land acquisition notification in respect of the subject propert5r. Inspite of the same, respondent authorities have not taken any steps to consider the same, without any reasons.

6. Learned Assistant Government pleader for Land Acquisition submits that respondent Nos.2 to 4 will consider the representation submitted by the petitioner dated 23. I1.2024, in accordance with law and requested this Court to grant reasonable time. 3

7. In view of the above said submissions, without going into I the merits of the case, this Court deems it appropriate to dispose of the Writ Petition, with a direction to respondent Nos.2 to 4 to consider the representation submitted by the petitioner dated

23.11.2024 and pass. appropriate orders in accordance with law, within a period of eight (B) weeks from the date of receipt of a copy of this order, after giving notice and opportunit5r to the petitioner and respondent No.7.

8. With the above direction, the Writ petition is disposed of. No costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be order as to costs. //TRUE coPY/' SD/. V.HARI PRASAD ASSISTANT lEGISTRAR ,ECTtOh'oFFICER / \ To, Secretariat, T.S.,HYderabad lbrahimoatnam, R.R District' lbrahimPatnam, R R District'

1. The Principal Secretary, Revenue Department - cum- Land Acquisition' 2. The District Corre"toii'b"'ii- Land Acquisition officer' Kongahkalan' 3 irl;'i;5ii;iili'iji.i,i"ialiiJitor - cum- Land Acquisition officer, " K;il;hk;hn, lbrahimpatnam' R R D.istrict. 4 rhe-Soeciat District b5ilt;;': i;;- Llnd Acquisition Officer, Kongahkalan, 5. The Revenue oivisro#ibiiier,KandukurulMa,nda-!' Rqnga Reddy District 6. +ii; i;h;ila;r, kino,k"' rrl'nilal' Ransa Reddv District' 7. one cc to sRl. Mli[ililXN'iiii SniNvXsn RAo' Advocate toPUC] 8. Two ccs to Gp FoFi'ijii{6AbciUiSrrton ,High court for the state ot -' ietingrn" at Hyderabad [OUT] 9. Two CD CoPies 6i ", "x , I CC TODAY STAT€ O 6i 1 12 ttB $fr \ C) I + DE st.tf,' ) ) o +^ HIGH COURT DATED:1110212025 ORDER I WP.No.3879 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS c

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