✦ High Court of India · 03 Apr 2025

High Court · 2025

Case Details High Court of India · 03 Apr 2025
Court
High Court of India
Decided
03 Apr 2025
Bench
Not available
Length
1,171 words

1. Sudireddy Raji Reddy, S/o. Venkat Reddy, Aged 75 years, Occ. Aqriculture. _ R/o. Cheertavancha R q1! {C9to1y, sirCi'rti n,o-anoat, furrnn, si.iriX'ffiH;i' 2. Josinipe,i Ransa Rao, S/o. Rajeshriiai R;o, As;J Bb ye;d, b;;. H*;"li;. _ R/o. Cheertavancha R and R C'otonyji;;itE i\,i;;;"t, i;1ili" dii;;tiX';i;di;i, 3. Joginipelli Hanmantha.Rao, .S/o'itaieifrwir nao, nleO Z7 year;,'"'d;. Agricutture, R/o. cheerravancha R ,nt n dotony, bir.ira rvir^o'r'il'nlir"ri# Sircilla District. 4. Beemari Durgaiah, S/o. Maisaiah, Aged 62 years, Occ. Agriculture, Rl/o. _ Cheertavancha R and R Cotony, Siicitta" VanOarl niianna sirciiia o;ititt: ' " - 5. Peddata Devaiah, s/o.^Rajaiih nGa 68]'"ait, o;c. Ail;tiiiu, ny". - cheerravancha R and R corohy, sircir'ia rr,|anoai, naibnn, sirciiia biitriJi. '"" '3x::?[U"'.1""i?#'{":1?;:*:lrinffi i}iiiai:+;f;,,::.y*f "" AND ...PETITIONERS -

1. The State of Telangana, Eep Oy its principal Secretary Revenue (Land ^ Acq u is ition ) Depa rt'meni, sa6t'aia: i;; ti d; Rd;;i i{;; ;ffi b*, " 2. The speciar Debutv coilector, r-n., unit-vii, rrclrviri,tn and DR.BR. Ambedkar ^ !.CSSP, Coilecioraie Buitdings, nriinnr'S'ir"iira-'Oiiiri"t. 3. The Land Acquisition Renariiitatiori ara n-".dtti#"irt Authority, For the stare of Tetangana, At ccLA permises, noioi, tivGaiii"o, nep. ov-iti R;d;;i;"* ...RESPONDENTS Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an appropriate writ, order or direction more particurarry one in the nature of writ of Mandamus decraring the action of the Respondent No.2 herein in not referring the Award No. Nir /2015-16, fire No. Bt221t2oor-vfi-patta-Mp, dated. Nil -02-2016 pertaining to the petitioners properties / structures bearing H.Nos. 9- 60, 2-63, 4-60, 1-3r and g-84 situated at cheerravancha Viilage, Sirciila Mandal (Presently Thangarapafly Mandar) Rajanna sircifia District, under Section 64 of Act 30 0f 2013 to the LARR Authority, at,Hyderabad for enhancement of compensation :;l pursuant to the application dated' 25-05-2016 (Acknowledged on 26'05-2016) as illegal, arbitrary, unfair, discriminatory and in violation of Articles 14' 2'1 and 300-A of the Constltution of lndia and contrary to the Provisions of Act' 3Cr of 2013 and consequently direct the Respondent No 2 herein to refer the Award l\o Nil /2015- 16, file No. Bl221lZOO7-Vlll-Patta-MP' dated' Nil -02-2016 pertaining to the Petitioners properties i structures bearing H'Nos 9-60' 2-63 ' 4-60'1-37 and 9-84 situated at Cheerlavancha Vlllage' Sircilla Mandal (Presently Thangalapally Mandal) Rajanna Sircilla District,Under Section 64 of Act 30 of 2013 to the Respondent No. 3 herein for enhancement of compensation in terms of the application dated. 2ti-05-2016 (Acknowledged on 26-05-2016)' IANO: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 refer the Award No. Nil /2015-16, file No' the Respondent No 2 herein to Nil -02-2016 pertaining to the Petitioners E,t221 l2OO7'Vlll-Palta-tvlP, dated' properties / structures bearing H Nos g-60' 2-63 ' 4-60' '1-37 and g-84 situated at Cheerlavancha Village, Sircilla Mandal (Presently Thangalapally Mandal) Raianna Sircilla District,Under Section 64 of Act 30 of 2013 to the Respondent No' 3 herein forenhancementcfcompensationintermsoftheapplicationdatr:d.25-05.2016 (Acknowledged on 26-05-2016) pending disposal of the Writ Petition' Counsel for the Petitioners: SRI B'ARJUN RAO a;il;i for the Respondents: AGP FoR LAND AcoUlSlTloN The Court made the following: ORDER HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petitiott No.lOOO 1of2025 ORDER: This writ petition has been Iiled to declare the action of the respondent No.2 herein in not referring the Award No.Nil/2O15_ 16, File No.B/22I/2O07-VIII-patta-Mp, dated Nit.O2.2O16 pertaining to the petitioner,s property/ structure bearing H.Nos.9-60, 2-63, 4-60, l-32 and g_84, situated at cheerldvancha Village, sircilra Manda-r, Rajanna sircilla District (subject property) under Section 64 of Act 3o of 2013 to the LARR Authority, Hyderabad for enhalcement of compensation pursuant to the application dated 25.05.2016 as illegal ald arbitrary and consequently direct respondent No.2 to refer the above said award for enhancement of compensation in terms of application dated 25.05. 20 1 6.

2. Heard learned counsel for the petitioners and learned Assistalt Government pleader for Land Acquisition appearing on behalf of respondents.

3. l.earned counsel for the petitioner submits that the Government had proposed to construct Mid Manair by acquiring ii2i I agriculture lan,1s and dwelling houses/ structures' The subject property of the petitioner has also been acquired on I5'09'2009 without giving any prior notice' According to General Award dated Nil.O2!,.2O16, petitioner was awarded an a.mount of Rs.26,82,86 / (for H.No'9-60); Rs'38,92,6651'(for H No'2-63); Rs.11,53,89 t/ (for H.No.4-60); Rs'14,12,4521- $or H'No'1-37) and Rs.26,35.608/- (for H.No'9-84)' The main grievemce of the petitioner is that respondent authorities have wrongly calculated the dwelling area and structure value of the petitioner's property and undervztlued the same. In that regard, petitioner has made a representation on 25.05 '2016 ' As there was no response forthcoming, the petitioner is before this Court by rvay of this writ petition

4. Though various grounds are raised in the writ petition' learned counsel for the petitioner restricts his prayer seeking a direction to respondent authorities to dispose of the petitioner's representatibn dated 25.O5.2016 in a time bound period'

5. Le arned Assistant Government Pleader for Land Acquisition s ubmits that if the said representation is still pending for consideration, the respondent authorities may be I \ I , I l ,l ::3:: directed to dispose of the petitioner,s representation, dated 25.05.2016 and pass appropriate orders in accorda,ce with law.

6. In view of the submission made by the learned counsel on either side and without going into the merits of the case, this writ petition is disposed of directing the reSpondent authorities to disppse of the petitioner,s representation, dated 25.O5.2016 and pass appropriate orders strictly in accordance with law by following Section 64 of Act 30 of 2013, as expeditiously as possible, preferably within a period of three (3) months from the date of receipt of a copy of this order after giving a fair opportunity of hearing to all the concerned parties and communicate the same to the petitioner.

7. Accordingly this writ petition is disposed of. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. No costs. //TRUE COPY// SD/. A.SRINIVAS ISTANT REGISTRAR To SECTION OFFlCER 1 . The Principal Secretary Revenue (Land Acquisition) Department, Secretariat, 2. The Special Deputy Collector, LA., Unit-Vll, FFCitvlMR and DR.BR. Ambedkar Tank Bund Road, Hyderabad, State of Telangana. PCSSP, Collectorate Buildings, Rajanna Sircilla District. For the State of Telangana, At CCLA Permises, Abids, Hyderabad.

3. The Registrar, Land Acquisition Rehabilitation and Resettlement Authority, 4. One CC to SRI B.ARJUN RAO, Advocate [OPUC] 5. Two CCs to GP FOR LAND ACQUISITION, High Court for the State of Telangana, at Hyderabad. [OUT]

6. Two CD Copies PSK. N HIGH COURT DATED:0310412025 CC TODAY ORDER WP.No.10001 of 2025 AI-€ e k f, 0t [rr i ?[6 P Di I ,:" DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,1

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