ponuooti Ganqa Rao v. I . State of Telangana

Petition Under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleasedtoissueanappropriatewrit,orderordirectionmoreparticularlyonein the nature of writ of Mandamus declaring the action of the Respondent No'2 hereininnotreferringtheAwardNo.l6/2015-16,FileNo.Fl224l2o12,dated. 23-02-2016pertainingtothePetitionerproperty/structurebearingH.No.9.54 situatedatKodurupakaVillage,BoinpallyMandal,RajannaSircillaDistrict,under Section 64 of Act 30 of 2013 to the LARR Authority, at Hyderabad for enhancementofcompensationpursuanttotheapplicationsdated'01-06-2016 and 08-07-20'19 as illegal, arbitrary, unfair, discriminatory and in violation of Articles14,21and30o-AoftheConstitutionoflndiaandcontrarytothe Provisions of Act, 30 of 2013 and consequently direct the Respondent No' 2 hereintorefertheAwardNo.l6l2ols-16,FileNo.Ft224l2o12'daled.23-02. 20l6pertainingtothePetitionerproperty/structurebearingH.No'9.54situated at Kodurupaka Village, Boinpally Mandal, Rajanna Sircilla District, Under Section 64 of Act 30 of 2013 to the LARR Authority, At Hyderabad for enhancement of compensation in terms of the applications dated. O1-06-2016 and Og-07-2019. |.A.NO:1 OF 2025 Petition under section i 51 cpc praying that in the circumstances stated in the affidavit filed in support of thd petition, the High Court malr be pleased to direct the Respondent No.2 herein to refer the Award No. 16/20.1 5-16, File No. F122412012, dated. 23-02-2016 pertaining to the petitioner property / structure bearing H.No.9-54 situated at Kodurupaka village, Boinpaily Mandal, Rajanna Sircilla District, Under section 64 of Act 30 of 2013 to the LARR. Authority, At Hyderabad for enhancement of compensation in terms of the applications dated. 01-06-2016 and 08-07-20'19 pending disposal of the writ petition. Counsel for the Petitioner : SRI K.SAI SRUTHIN RAO, ADVOCATE FOR SRI K.RAJASHEKAR Counsel for the Respondents : AGp FOR LAND ACQUIS|TION The Court made the following ORDER I THE HONOURABLE SRI JUSTTCE J.SREENIVAS RAO WzuT PETITION No.513E of2O25 ORDER: This writ petition is filed seeking the following reliel: " -.. to issue a Wril Ortler or direction more particularly one in the nature of Writ of Mandatnus declaring the oction of the R9Wo1!1n.t No 2 herein it nor rlferring the Award No.16/2015-16, File No'F/224/2012' ttatet) 23.02.20i6 pernining to the Petitioner properly/slruclure bearing H.No.954 siruatei at Kodurupaka Village, Boinpally Mandal' Raiann a Sircilla Dis*ict untler Section 64 oJ Act 30 of 2013 to lhe LARR Aulhorily at Hyderabod for enhuncement of compensation pursuonl lo th" appiicatiois dated 01.06.2016 qnd 0807'2019 os illegal 'arbitrdry' uofoii, ,tir"ri*inotory and in vktlation of Articles 14, 21 and 300A of the C6nrtitutio, oJ. lntlia and contrary to the Provisicxs of Ac-t 30, of 2013 and consequeL y dirccl the Respondent No 2 herein to refer lhe Award No. l6i20|i- 16,-f ite No.F/221/20t 2, datetl 23.02.2016 pertaining to the P"r itionn, prop"rty/structure bearing H No'9 5 4 siluoted- ot KoduruPaka Vittage, ninpally Mantlal. Rajunna Sircilla District, Under Section 64 of,lit s0 o7 )Ot S t,, the LARR Authority AI Hyderabad ftir- e^nhancement i1 ,oo,pn,i'rotion itl termt af tlrc applications ddted 01 06 2016 and 08.07.2019. "

2.HeardSriK.SaiSruthinRao,leamedcounselrepresenting Sri K.Rajashekar, leamed counsel for the petitioner and leamed Assistant Government Pleader fbr t-and Acqtiisition for respondent Nos'1 and 2' 3 . With the consent of learned counsel for the palties' the writ petition is being disposed of at the stage of admission' 4 Facts giving rise to filing of this writ petition briefly stated are that the petitioner IS claiming that he is the owner and possessor of propefty/structure bearing H.No.9-54, to an extent of 242 Square Yards' situatedatKodurupakaViltage,BoinpallyMandal,RajannaSiricilla € 2 Districr. Respondent authorities acquired the subject property of the petitioner as weil as others for construction of Mid Manair. In the said construction. the property/structure of the petitioner \! as submerged. Respondent No.2 passed award No.16/2015-16, File llo.F/22412012,, dated 23.0.2.2016 and determined meager compensation of Rs'10,54,129/- including statutory benefits. Thereafter. the petitioner submitted application/representation on 01.06.20 I 6, under Sectio n 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Acr, 2013 (for brevitr. ,,{g1 JQ sf 2013'), before respondent No.2, stating that the c.mpensation was not properly determined and he received said compensation under protest and he is entitled for enhancement of compensation and also requested respondent No.2 to refer the matter in respect of subject property to the competent authority. Thereafter, petitioner submitted another application/representation dated 0g.07.201 9 to respo,dent .,ro.2. In spite of the repeated requests made by the petitioner, respondent No.2 has not taken any steps to refer the matter to the competent authority. Hence, petitioner filed the present writ petition. 1

5. Leamed counsel for the petitioner submitted that the petitioner submitted applications/representations before respondent No.2 on

01.06.2016 and 08.07.2019, under Section 64 of the Act 30 of 2013, requesting him to refer the matter to the competent authority and enhance compensation. However, respondent No.2 has not taken any steps to consider the same and the action of respondent No.2 is contrary to the provisions of the Act 30 of 2013.

6. Leamed Assistant Govemment Pleader submitted that the petitioner has not submitted the applications/representations within the stipulated time as required under Section 64 of the Act 30 of 2013. However, if the applications/representations submitted by the petitioner dated 01.06.2016 and 08.07.2019 are pending before respondent No.2, he will consider the same and pass appropriate orders in accordance with law and requested this Court to grant reasonable time 7 By way of reply, leamed counsel for the petitioner submitted that as soon as the petitioner received compensation on 31.05.2016, he submitted applications/representations dated 0 I .06. 20 I 6 and 08 -07 -20 19, within the stipulated time. 4

8. Having considered the rival submissions made by rhe respective parties and after perusal of the material available o, rec.rd, it reveals that the petitioner is claiming right over the property/structure bearing H.No.9-54 and it is not in dispute that the subject p'operty was acquired by respondert No'2 for the purpose of construction of Mid Manair and passed award on 23.02.2016. The specific claim of the petrtioner is that subsequent to passing of award, he submitted applications/ representations; dated 0 1.06.20 I 6 and 0g.07.20 19, requesting respondent No.2 to reibr the matter to the competent authoritl,, as required under section 64 of the Act 30 of 2013. According to rhe leamed Assistant Govemment Pleader, the petitioner has not subrnitted apptications/ representations within the stipulated time. However, leam.ed Assistant Govemment Pleader has not praced any order as to whether respondent No.2 rejected or considered the applications/representatio,s submitted by the petitioners.

9. Taking i,to consideration the facts and circumstances of the case and without going into the merits of the case, this court deems it appropriate to dispose of the writ petition, with a direction to respondent No 2 to consider the -apprications/representations suhmit.ted bv the L- 5 petitioner dated 01.06.2016 and 08.07.2019 and pass appropriate orders in accordance with law, within a period of eight (g) weeks from the date of receipt of a copy of this oider, after giving notice and opportunity to the petitioner, including personal hearing. 10 With the above direction, the Writ petition is disposed of No Miscellaneous petitions, if any, pending in this writ petition shall stand closed. SD/-P. PADMANABHA REDDY AS ISTANT REGISTRAR //TRUE COPY// ECTION OFFICER To 1 . The Principal secretary, Revenue (Land Acquisition) Department, secretariat, Tank Bund Road, State of Telangana at Hyderabad.

2. The Special Deputy Collector, LA, Unit-VIl, FFC/MMR and DR'BR Ambedkar PCSSP, Rajanna Sircilla District.

3. Two CCs toGP FOR LAND ACQUISITION, High Court for the State of Telangana at Hyderabad. [OUT]

4. One CC to SRI K.RAJASHEKAR, Advocate [OPUC] 5. Two CD Copies SA .- BS TT- C.C. TODAY iuE, S ia 1- l: r_f {$ ? 7 [[rl ?fin ,k {-) HIGH COURT DATED:2010212025 ORDER WP.No.S138 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. a *f&l} w {\#