✦ High Court of India · 01 May 2025

Voora Nanda Gooal. S/o Late. Kamala Manohar Rao Aged about v. LI rvi.-s'| v

Case Details High Court of India · 01 May 2025
Court
High Court of India
Decided
01 May 2025
Bench
Not available
Length
1,181 words

,..RESPONDENTS Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired there;ith, the ii';h'e&,r Luv o" pleased i?-.,::!"_1n appropriate Writ, order or direction parti"cularly-onu ii tn" nature of wRrr oF MANDAMUS decraring the Notification d^rca z:i.or.iozs'on behalf of the Government of TeJanlana in thp District Gazette No. JSK/BHPL/LA/04/2\2\ dated 27 .01 .202s- in procdgs. No. Gr4o1/2024 dated 27'o1 .2025 in FoRIr/-Vr under sub-rure (1) of Rure-ig and Section ,irrr in" Right to Fair Compensation and Transpaiency in ianO Acquisition, Rehabilitation "t and Resettlernent Act,2C13, pubtished on ZZ.OZ.ZCZS in the daily ;";p;;;;;" Hindu in Rc No. dated 24.01-2ozs seer<ing to acquire the furry developed Residentiar plots belonging to the petitio;er and his brother under the '.14512024 7 I garb of patta/agricu ltu ra I land is illegal, arbitrary, contrary to real facts, violative of Articles 14, 21, 3OO-A of the Constitution of tndia apart from being violative of the principles of natural justice and fair play and the statutory provisions of the Act and consequently direct the respondents to strictly adhere to the correct factual details by issuing the amended notification, if chose to by the respondents herein lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petitjon, the High Court may be pleased to Suspend the Notification dated 24.O1 .2025 issued on behalf of the Government of Telangana in the District Gazette No.JSK/BHPL/LA|04n02S dated 27.0i.2025 in Procdgs. No. Gl4O1l2O24 dated 27.01 .2025 in FORI\,4-V| under Sub-rule ( 1) of Rille-19 and Section 1 1(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 pending disposal of the above writ petition Counsel for the Petitioner: SRl. M V B S NARASIMHA ANUDEEP Counsel for the Respondent Nos.1 to 6: AGP FOR REVENUE Counsel for the Respondent No.7: AGP FOR I&CAD The Court made the following: ORDER ) ORDER THE HON'BLE SRI WSTICE K.SARATH WRIT PETITION wo.1383O of 2O25 The present Writ petition is filed under Article 226 of Constitution of India seeking the lollowing relief " . . . to issue an appropriate Writ, ord.er or d_irection partianlarlu one in the nature of WRIT OF MANDAMUS declainq the Notiftcation dated 24.01.2025 on behalf of the Gouentment of TeLanqano in the District Go.zette No.JSK/ BHPL/ LA/ 04/ 2O25 dated 27.Ot.2025 in procdqs.No.G/ 40 1/ 2O24 dated 27.01.2025 in FORM-VI und.er Sub_rule (1) of Rule-19 and Section l l(1) of the Riqht to l,-air Compensation and Transparencq in Land Acquisition, Rehabititation and Resettlement Act,20l3, published on 23.02.2O25 in the dailu neLU s p ap e r'I'he H indu in Rc. No. B / 45 / 2 O2 4 dated 2 4. O 1. 2 0 2 s seekinq to acquire the lulitl d.eueloped_ Resid.ential plots belonqinq to the Petitioner arLcT his brothe_r under the qa'rb of patta/ aqicultural land. is ilLeqal, arbitrarll, contraru to real .facts, uiolatiue of Afticles 14. 2 I , 3OO A of the Constitution of India apart from being uiolatiue of the pinciples of natural justice and fair pLa11 and. the stalutonl prouisions of the Act and consequentlu direct the respondents to stricthl ad.here to the correct factual details bu issuing.the amend,ecl notifi.cation, if chose to by the respondents herein ancl pass...,,

2. Heard learned Senior Counsel for the petitioner and learned Assistant Government plcadcr for ltevcnue appearing for the respondent Nos. I to 6 and learned Assistant Government Pleader for I&CAD appcaring for Lhe respondent {o.7. With their consent, thc r,rn-it pctition is disposcd ol. at ) th) stage of admission itsell. 2 SK, ] Wp_13830_2025

3. Learned counsel for the petitioner subrnits the maln grievance of the petitioner is that $'ithout taking into consideration of the representation datcd 25'O3'2025 of Llr,e petitioner, the respondent Nos.2 to 4 have issued Notilrcation dated 24.01.2025 in the District Gazette No.JSK/BHPLILAI04l2O25 clated 27 'Ctl '2025 Procdgs.No.Gl4Ol/2024 dated 27.O1'2025 in FORM-VI under Sub-rule (1) of Rule-l9 and SecLion 11(1) of the Right to Fair Compensation and Transparoncy in Land Acquisition, Rehabilitation and Resettlement Act, 20 13, published on 23'02'2025 in thc dailSr newspaper The Hindu' in Rc.No. B I 45 I 2024 dated 24'01'2025' Aggrieved by the sarne, the petitioner has hled the present writ petition and requested this Court to allow the writ petition by directing the respondent authorities to consider the representation filed by the petitioner on 25'03'2025 before issuing the notification on behalf of the Government of Telangana. ) \ I I i I 3 SK, J Wp_13830_2025

4. Learned Assistant Government pleader for Revenue submits that respondent authorities will consider the representation filed by the petitioner on 25.03 .2025 in accordance with law and requestecl to pass appropriate order. 5 In view of the submissions made by the learned counsel on either side, the writ petition is disposed of directing the respondent authorities to consider the representation fited by the petitioner on 25.O3.2025 before issuing amended notification with regard to the notification dated 24.O7.2025.

6. Miscellaneous petitions, pending, if any, in this writ petition shall stand closed. No order as to costs. t \ To, //TRUE COPY// s D/. T. JAYASREE PUry REGISTRAR SECTION OFFICER '1- The Principal Secretary Revenue Department. Se tariat Hyderabad 2 4 t U The District Collector, Jaya Shankar Bhupalpally District The Additional Collector (Revenue), Jaya Shankar Bhupatpally District #.:"t"t8i:!?"S,|J,n3?'ff 1"J,ilj,,18g,"4:fl ''''''onorricer,LARRrrrigation {R: "i:}"J1-,1"o?'J::[ B!flfli"er' Kata ra m Reve n u e Divisio n, - Kata ra m, J aya f,|::r[i"Ort Revenue Officer, Katar66 Mandat, Jaya Shankar Bhupatpaily 't\ 'l

7. The Executive Engineer, lrrigation Division, Mahadevpur, Jaya Shankar Bhupalpally District /

8. One CC to SRl. I/ V B S NARASTMHA ANUDEEP Advocate [OPUC] 9. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana louTl

10.Two CCs to GP FOR I&CAD, High Court for the State of Telangana at Hyderabad. [OUT] 'l 1. Two CD Copies [53 rn J ) \ HIGH COURT DATED:01 10512025 /'o f ( ..-a ,Ig /., ,. ._) L-) 28 [uB 2$6 ,i -c- L ORDER WP.No.13830 of 2025 DISPOSING THE WRIT PETITION WITHOUT,COSTS Id+ 30 6 t>

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