✦ High Court of India · 25 Mar 2025

High Court · 2025

Case Details High Court of India · 25 Mar 2025
Court
High Court of India
Decided
25 Mar 2025
Bench
Not available
Length
1,130 words

Petition undgr Article 226 ot lhe Constitution of lndia praying that in the circumslanceq stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Directron, more particulady one in the nature of Writ of Mandamus, declaring tfre inaction of the 4th respondent in paying the coppengation amount to the petitioners in lieu of the acquisition of their plots bearing Nos. 4,5 and 6 in Sy.No.Sfi situated at Vemulawada village and Mandal, Rajanna Sirpilla District for the purpose of development of Gudi Cheruvu inspite of forwaiding the application containing the endorsement of the 2nd respondent along with the relevant records by the 3rd respondent through his letter No.Bl7212024 dt. 27-11-2024, as being illegal, arbitrary, unjust, discriminatory and u nconstitutional and consequently direct the 4th respondent herein to pay the compensation amount to the petitioners on par with others. i ' 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 pags orders directilg the Respondent No.4 herein to forthwith take necessary action and to pay the compensation amount tq the petitioners pursuant to the represelltatiQn dt. 25-1 1-2024 containing the endorsement of the 2 respondent, pending disposal of the main Writ Petition. Coqnsg! for the Petitioners: SRI G.QHANDANAAAJ Counsgl for the Respondents: AGF FOR LAND ACOU]$|TION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N'V'SHRAVAN KUMAR WRIT PETITtoN No.8959 of 2025 ORDER: Heard learned counsel for the petitioners and learned Assistant Government Pleader for Land Acquisition appearing on behalf of responddnt Nos.1 to 4_ With their consent, the writ petition is being taken up for disposal at lhe atlmission stage itself'

2.ThiswritpetitionhasbeenfiledseekingthefoilowingPrayef:- "to declnre the inaction of the 4il' respondent in paying the ,:omnensationamounttothepetitionersinlieuoftheacquisitionof irii otott hearing Nos'4, 5 and 6 in Sy'No'S/A situated at Vemu'lauada uillage and Mandal, Raianna Sircilla Disttict for the numose of deuelopment of Gudi Cheruttu inspite of forwarding tht iooii*rii" containing the endorsement of the 2'a respondent along ,[,[tn tl,, releuant records by the 3'd respondent through his letter No.B/72/2.024 dt 27.772024, as being illegal' arbitrary' unjust' discr:imii.natory nnd unconstitional nnd consequently direct the 4tt' resnondent hirein to pay the compensation amount to the petitioners on par witlt othe rs'" 3 Rrief facts in this writ petition are that the petitioners' claims to be owners and possessors of the house plots bearing Nos'4' 5 and 6' admeasuring 240 Sq.yards each forming Part and parcel of Sy'No 5/A' situated at Vemulawada village and Mandal, Rajanna sircilla District, having acquired the same tfuough registered sale deeds d,ated 28.02.2073, respectively. lvhile things stood thus, the respondent authorities in the year 2077, had proposed to acquire the land to an extent of Ac'28 '29 % gts, within the vicinity of Vemulawada Village, for the purpose of construction of west 2 and north bund of Gudi Cheruva and in this connection respondent authorities issued notification for acquisition of the plots and later passed an Award. Further case of the petitioners is that though the petitioners' propefty is acquired by thc respondent authorities for clevelopment of Gudi Cheruvu, their names were not included in the Award and no compensation was paid to the petitioners. Thus, the petitioners on 25.11.2024 submitted a representation and requested respondent No.2 for payment of compensation amount in lieu of acquisition of the petitioners' plots. In response to petitioners' representation dated 25.11.2024, respondent No.2 issued an endorsement and directed rcsponrlent No.4 to take necessary action in the matter, within a period of 15 days and further dilected the petitioners to approaclr respondent No.3. Thereaf ter, the petitioners on 25.77.2024, enclosing the said endorsement approached respondent No.3 and in turn respondent No.3 aide letter bearing No.B /72/2024 dated 27.71.2024, forwarded the sarne to respondent No.-l for further necessary action and the same is still pending for consideration. Agg-r'ieved by the same, this writ petition is filed.

4. Though various grounds are raised in the writ petition, learned counsel for the petitioners restricts his prayer seeking a direction to respondent No.4 to act on the letter bearing No.B/72/202a darcd 27.71.2024 issued by respondent No.3 anrl take further necessary action in the matter and pass orders in a time bound pcriod.

5. Learned Assistant Government Pleader for Land Acquisition submits that if the letter bearir-rg No.B/72/2024 dated 27.77.2024 is still pending for // To J consideration, the respondcnt authorities mav be directed to act on the same and pass appropriate orders in accordance with law.

6. In view of the submission made bt, learned counsel appearing on either side and without expressing anv opinion on the merits of the case, this writ petition is disposed of directing the respondent No.4 to act on the letter bearing No.B/72/202a dated 27.11.2024 and after giving fair opportunity of hearing to the petitioners, shall pass appropriate orders strictly in accordance with law, as expeditiously as possible, preferably within a period of four (04) weeks from thc date of rcccipt of copy of this order and communicate the same to the petitioners.

7. Accordingly this writ petition IS disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs. //TRUE COPYII SD/-A.V.S. PRASAD EPUTY REGISTRAR SECTION OFFICER State of Telangana. '1. The Principal Secretary, Revenue (L.A.) Department Secretariat, Hyderabad, 2 The District Collector, Raianna Sircilla District. 3. The Revenue Divisional Officer, Vemulawada, Rajanna Sircilla District. 4. The Land Acquisition Officer and Revenue Divisional Officer, Sircilla, Rajanna Sircilla District.

5. One CC to SRI G.CHANDAN RAAJ, Advocalq IOIUCI 6 fwo CCs to GP FOR LAND ACQUISITION, High Court for the State of 7. Two CD Copies Telangana, at Hyderabad. [OUT] PSK BS s HIGH COURT DATED:2 510312025 ORDER WP.No.8959 of 2025 .. J .J(, i 5i4 i6' 16 MAPR o C) t a:.snr.r CHgo DtsPoslNG OF THE WRIT PETITION WITHOUT COSTS I 1 @)cef \c

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