✦ High Court of India · 06 Mar 2025

High Court · 2025

Case Details High Court of India · 06 Mar 2025
Court
High Court of India
Decided
06 Mar 2025
Length
1,015 words

Sri.V. Vijaya Saradhi, S/o. Jagannadha Charyulu, Aged about 35 years, Occ;. AVP, Axis Bank Ltd, Sarpavaram Brach, Kakinada, East Godavari District, A.P. State. .....PETITIONER AND

1. The State of Telangana, Rep by its Principal Secretary to Government, Department of Revenue (LA) Secretariat, Hyderbad-500004.

2. The Special Deputy Collector-LA, Unit lV ORR HMDA, Tarnalca, Hyderabad, Telangana State. .....RESPONDENTS Petition Under Article 226 ol the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ order or direction more particularly in the nature of writ of Mandamus declaring the inaction of the 2nd Respondent in furnishing LAOP (Land Acquisition Original Petition) number in respect of proceedings No.LA/UnitlV/43-212005 dated-Z2-O1-2009 before Hon'ble Principal District judge, ninga Reddy District at L.B. Nagar to the petitioner despite representation dated 24-03-2016 to get adequate compensation in favour of the petitioner along with other claimants as arbitrary, illegal, capricious and violative of Article 300-4 and 350 of Constitution of lndia and also violative of provisions of Land Acquisition Act and direct the 2nd Respondent to furnish LAOP (Land Acquisition Original Petition) number in respect of proceedings No.LA/UnitlV/43- 212005 daled-22-01-2OOg before Hon ble Principal District Judge, Ranga Reddy District at L.B. Nagar forthwith pending disposal of the above writ petition. l.A.NO:'f OF 2016 (WPMP.NO:28029 O F 2016) 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 2nd respondent to furnish LAOP (Land Acquisition Original Petition) number in respect of proceedings No.LA/Unit-'lVl43- 2l2O0S dated: 22-01-2009 before Hon'ble Principal District Judge, Ranga Reddy District at L.B. Nagar forthWith pending disposal of the above writ petition. Counsel for the Petitioner : SRI RAMA MURTY P V S A Counsel for the Respondent No.1 : GP FOR LAND ACQUISITION Counsel for the Respondent No.2 : SRI Y.RAMA RAO (SC FOR HMDA) The Court made the following ORDER HON'BLT SRI JUSTICE J. SREENIVAS RAO WRIT PETITION No.22795 of 2OL6 ORDER: This writ petition is filed seeking the following relief: "... to issue an appropriate Writ, order or direction more particularly in the nature of writ of Mandamus declaring the inaction of the 2nd Respondent in furnishing LAOP (Land Acquisition Original Petition) number in respect of proceedings No.LA/UnitIV/43- 2 / 2OOS dated-22-Ol-2OO9 before Hon'ble Principal District judge, Ranga Reddy District at L.B. Nagar to the petitioner despite representation dated 24.03.2016 to get adequate compensation in favour of the petitioner along witJ: other claimants as arbitrary, illegal, capricious and violative of Article 3OO-A alrd 350 of Constitution of India and also violative of provisions of Land Acquisition Act and direct the 2nd Respondent to furnish LAOP (Land Acquisition Original Petition) number in respect of proceedings No.LA/UnitIV/ 43-2 / 2OO5 dated-22-O l-2OO9 before Hon'ble Principal District Judge, Ranga Reddy District at L.B. Nagar forthwith pending disposal of the above writ petition ..."

2. Heard Sri Rama Murty P.V.S.A., learned counsel for the petitioner through video conference, learned Assistant Government Pleader for Land Acquisition appearing on behalf of respondent No.1 and the learned Standing Counsel for 2 Hyderabad Metropolitan Development Authority (HMDA) appearing on behalf of respondent No.2

3. Learned counsel for the petitioner submitted that respondent No.2 acquired the property of the petitioner i.e., house in pbt No.17l/B and 771/C admeasuring 125 square yards each in Sy.Nos.56O and 561 situated at Ghatkesar Village and Mandal of Ranga Reddy District (presently Medchal Medkajgiri District) by initiating land acquisition proceedings No.LA/UnitlV/43-2/2OO5 and passed the Award on 22.01 .2009 exercising the powers conferred under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as the Act). By virtue of rival disputes, the respondent authorities referred the matter under Sections 3O and 3 1 of the Act to the competent Civil Cor.rrt namely Principal District Judge, Ranga Reddy District at L.B.Nagar through proceedings dated 22.07.2OO9. However, the respondent authorities have not furnished the LAOP Number. The action of respondent No.2 in not furnishing LAOP number in respect of the proceedings No.LA/Unll-IY/43-2/2005 dated

22.01.2OO9 is contrary to law. Hence the petitioner approached this Court and filed the present writ petition. 3

4. Learned Standing Counsel as well as learned Assistant Government Pleader submitted that if the proceedings under Sections 3O and 31 of the Act are pending before the competent civil court, respondent No.2 will furnish the LAop number to the petitioner by way of registered post with acknowledgment due. 5' Taking into consideration the facts and circumstances of the case, without expressing any view on merits of the case, this Court deemed it appropriate to dispose of the writ petition directing respondent No.2 to furnish LAop number in respect of the proceedings No.LAlUnit_IV /43-2/2OO5 dated 22.O1.2OO9 to the petitioner through registered post with acknowledgment due, within a period of eight (g) weeks from the date of receipt of a copy of this order.

6. With the above direction, the writ petition is disposed of. No order as to costs. Pending miscellaneous applications, if any, shall stand closed. //TRUE COPY// SD/- L. LAKS HMI BABU PUry REGISTRAR Il To SECTION OFFICER 1 . The Principal Secre tary to Government Departme Secretariat, State of Telangana at H yderbad-500004 2. The Speci al Deputy Collector-LA, Unit lV ORR HMDA, Tarnalca, Hyderabad, Telangana State 3. Two CCs to Gp FOR LAND ACQUISITIO N, High Court for the State of 4. One CC to SRI RAMA MURTYPVSA,Advocate [OpUC 5. One CC to SRt 6. Two CD Copies Y.RAMA RA O (SC FOR HMDA) Advocate loPucl Telangana at H yderabad. [OUTl of Revenue (LA) W SA I HIGH COURT DATED:0610312025 ORDER WP.No.22795 of 2016 e 1HE S i4r- l'^. k J o o t \ 17 JUN 2fi6 t Oc.S')4 rC t-.,?o t o( l DISPOSING OF THE W.P WITHOUT COSTS. a 1 .,f- 5

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