✦ High Court of India · 30 Jan 2025

High Court · 2025

Case Details High Court of India · 30 Jan 2025
Court
High Court of India
Decided
30 Jan 2025
Length
1,090 words

Acts & Sections

THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO WRIT PETITION NO:29623 oF 2024 Between: AflJ;8lr*, Indapur Vi,age, Kerameri rra,tar,,iJr?iiio"n"", Asifabad District. tndapur viilase, Kerameri Ma;dal:k;;;;;;hir", Asifabad District. rndapur Viilage, Kerameri Ma;dailio;iiJr6ri"", Asifabad Districr.

1. Vadai Anna Rao S/o. Buddu,. Aged about 60 years, 0cc. Agriculture. RIo 2. Smt. Vadai Uma Fri, Vg. Vadai Chandru, Aged about 45 years, Occ. R/o. I nda pur virrrg", KErr;!;'ti r"i.,o, r, Ko ma ra mbhe.m Rdira oao 3. Ade Soma, S/o. Ade pochu, Aged about 65 years, Occ. Agriculture. Ryo. 4. Ade Ariun, S/o. Ade pochu, Aged about 55 years, Occ. Agriculture. R/o. - in" r "i 5. Ade Pandurano. S/r I p I ;iiii;d,j 1x3,.X",, H fi 3l*, f;fl ,r,;Hl f, : # fl:i,fo:: #gil".I:,,.", 6 Jhade Direep' s/o. Jhade pochu. Aged about 40 years, occ Agricurture R/o. 7. Ade Rangaiah, S/o. Ade Bhuru, Aged about 60 years, Occ. Agriculture. R./o. 8. Ade Laxman. S/o. Ade Bhuru, Aged about 35 years, Occ. Agriculture. Ri/o. I n da p u r ( De va d a pa I I i ) Ke ra m e ri M ; ;i,; I, i{o",ir r}, o n m As ifa ba d. I ndapur Vi,age, Kerameri ,ild;i,'R;;;;;f [Jem nsiraoad District tndapurVillage,Kerameritttiroir,,xJrr"?"niu"n"g"rAsif "" abadDistricr. AND .....PET!TIoNERS I Khairtabad, Hyderabad. 'Ili,i.'f; ffi 'J.""J:r'f :siB?lr:i'f fili."p,?,i"#J5#s,:ystt""l:#g. 2. The District Collector, Komrambheem Asifabad District at Asifabad. 3. The Revenue Divisionat Officer_cum_Land Acquisition Officer, Asifabad 4. The Executive Enoineer, District lnigation Officer, lB Division, Asifabad, Division, Komarambheem Asifabad Diiiili.*,"'""'' Komarambheem Asifabad District. " .....RESPONDENTS Petition under Artrcle 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 a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent No. 4 in not depositing the compensation amount of Rs.17,76,452 00 into the account of respondent No. 3 in pursuance of L-etter Rc. No.G/992t2015, dated 24-05-2023 issued by respondent No. 3 for rjistribution of the amount to the petitioners and other land losers in respect of their acquired lands in lndhapur village, Kerameri Mandal, Komarambheem Asifabad District, as illegal, arbitrary and in violation of Principles of Natural Justice and in violation of Article 300-4 of the consequenfly, of lndia, consequently direct the respondent No-4 to act upon Letter Rc. No.G/992/2015, dated 241os12023 issued by respondent No.3 by clepositing the compensation amount of Rs.17,76,452.00 into the account of respondent No.3. |.A.NO:1 OF 2024 Petition Under Section i s1 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 respondent No.4 to deposit the compensation amount of Rs.17,76,452.00 into the Account of respondent No.3 in pursuance of Letter Rc. No.Gi992l2015, dated 241o512023 issued by respondent No.3 for distribution of compensation amount pending disposal of the main writ petition. Counsel for the Petitioners : SRI RUORESH DESHPANDE !91ns9l for the Respondent Nos.1 to 3 : Gp FOR REVENUE (LAND ACQUtSTTTON) Counsel for the Respondent No.4 : G.p FOR |RRIGATION AND COMMAND AREA DEVELOPMENT The Court made the following ORDER l I I I l THE HONOURABLE SRI JUSTICE J.SREENTVAS RAO WRIT PETITION No-29623 OF 2o24 ORDER: Heard Sri Rudresh Deshpande, learned counsel for the petitioners, learned Assistant Government Pleader for Land Acquisition appearing for respondent Nos.1 to 3 and learned Assistant Government Pleader for Irrigation appearing for respondent No.4 2 With the consent of both parties, the writ petition is being disposed of

3. The grievance of the petitioners is that they are the owners and possessors of the land covered by Survey Nos. 14, L4 l3/AA' 15, 15/A, 15/B and 15/E and the same was acquired by the respondent authorities for the purpose of formation of new tank/canal in Indhapur Village of Kerameri Mandal, Asifabad Division, Komarambheem Asifabad District in the year 2013. Respondent No.3 issued proceedings No.C/431 l2Ol9 dated 07 '03'2015 proposing to sanction of lump sum exgratia to the assignees' The petitioners averred that on 24.05.2023, respondent No'3 issued letter to respondent No.4 to deposit an amount of Rs. 17,76,452/- in the name of LAO/Revenue Divisional Ofhcer, Asifabad, for making payment of land compensation to the land ioosers as early as possible. The petitioners approached respondent Nos'3 and 4 2 requestlng respondent authorities to pay the compensation. In spite of the same, the respondent authorities have not taken any steps.

4. Learned Assistant Government pleader for Irrigation, basing upon the written instructions furnished by the Executive trngineer, Irrigation Division No.4, Asifabad, Kumuram Bht.-em Asifabad District, sutrmitted that respondent No.4 will deposit the amount of the petitionr:rs, in respect of the subject property, as per their entitlement, within a period of eight weeks from the date of receipt of a copy of this; order 5 I-earneC Assistant Government pleader for Lancf Acquisition submitted that as soon as respondent No.4 deposits the amount, respondent Aio.3 will pay the same to the petitioners as per their entitlement

6. Learnec counsel for the petitioners has not opposed the same. 7. Taking into consideration the submissions made by the respective parties, without expressing any view on the nrerits of the case, the writ petition is disposed of directing respondent Nos.3 and 4 to pay the compensation to the petitioners as per their entitlement in respect of the subject property within a period of ten (10) weeks from the date of receipt of a copy of this order. No order as to costs. 3 Miscellaneous petitions pending, if any, shall stand closed. I //TRUE COPY// S ASSIST D/-A.V.S. PRASAD REGISTRAR S o ICER to',. an" Principal Secretary' Revenue (Land.Acquisition) Departrnent' Dr' B R' Ambed kar Te la"s'"i' 6i;i; l-;;;L ti't' rt'uittuuad' state of rela nsa na aI , iil3"J11i3i collector, Komrambheem Asifabad.District atAsifabad' 3. The Revenue Oi'lsionaiOff,"'*"-f-"nO Acquisition Officer' Asifabad " oiii.i"",-xttarambheem Asifabad Districl " 4. The Executi'" engln"""""fitl"ir"lg;ti;" officer' lB Division' Asifabad' , filtay,ia"JA'{'ffs r'[['3tu, r, r, o *, H i g h co u rr f o r th e state of .+*ixt'sii;fliiJP"*'?Itxi"^?ffi Ul"lTFf, ,o",.,oadrourr " oEvir-opr,rENT' High court for the state ot 7. one cc to SRI nuriHliH riEsiinr'roE' Advocate toPucl 8. Two CD CoPies 'l e SA BS ,.' k i I I HIGH COURT DATED:3010112025 ORDER WP.No.29623 of 2024 C.C. TODAY ^;!1E s i4 $. ,:, 01tjE 20s + \..,e. Y\\ DISPOSING OF THE W.P WITHOUT COSTS. ,/3 /.t 5 ei!*trr!-*

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