High Court · 2025
Case Details
Acts & Sections
Petition under Section 151 CPC praying that in the ( i cumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to consider our prayer and direct the Respondent No. 3 to co rsider the petitions filed U/s 28-A of the LA Act in the light of OP No. 2612004 Senior Civil Judge, Asifabad (LA AS No. 606/2010 Dt 07-07-2022) and p: ss an award re- determining the compensation immediately. Counsel for the Petitioner: SRI G.CHANDAN RAAJ Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI WSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.33379 of 2024 DATE: 16.L2.2O25 Between: Sri Barla Ankulu and twenty one others. ...Petitioners AND The State of Telangana Rep. By its Principal Secretar5r, Revenue Department, Land Acquisition Secretariat Hyderabad and two others. ...Respondents ORDER: This writ petition is Iiled seeking the following prayer: " .. .to issue an appropiate Writ, Order or Orders, Direction, more partianlarlg one in the nature of Wnt of Mandamus declaing the action of respondent No.3 is arbitrary, illegal and against the natural justice and uolatile of articles 21 and 3OO A of Constitution of India and consequently direct tLe Respondent No.3 to consider the petttions filed U/ s 2B-A of the LA Act in the light of OP No. 26/2004, Senior Ciuil Judge, Asifabad (LAAS No.6O6/201O Dt. 07-07-2022) and pass an anuard re-detennining the compensation immediately and to pass...' 2 -
2. Heard learned counsel for the pet tioners ald learned Assistant Government pleader for Revenrrc appearing on beherif of respondent Nos. I to 3. With their conser r uunser I this urrit petition is taken up for disposal. '":t**d : re p.p. Rao project
3. Learned counsel appearing for the p:.itioners submitterj that the petitioners are beneficiaries ur and that rheir rands situated i, M"dl vi,age, Dhaegoaa Mandar, Asifabad District were acquireorvalli for sr bmergence under the said project. ,n",.:: ^- land acquisition proceec!: 1gs were initiated by issuance ., " o,'nt raft notification under Sectior ,. a(l) ofthe Laxd Acquisition Act, lgg4 vide proceedir i -aft notification dated 2g.o5.2oo2 forowed by ur*" rlr.i ft declaration dated 1 1 .06 .2OO2 . possession of the Ian ckr was taken on 18.06.2001, vide draft award bearir dared ,5.04.2oo3. It is further submitted by the guantum of compensation sought reference under Section 1g(I) of the I 1894 a:rd filed the petition vide o.p.No.2u ;*o the learned principal Accordingly, the triar a^,,-. --. , enhanced the Subsequenry, ,n" ,ur.r,ot'"tt'o' '1 :quisition Act' f 2OOz on the file of \-rwl uudge lt Asifabad. vide judgment datec 10.08.2009 to Rs'75'oo0/- per acre. I'l r.B/33 17/2ooo that reing aggrieved awarded, rhe petitioners Senior Civil Ju "o., I A"qui"ition Officer (LAO)/S1;,cia1 " Deputy ,.- I 3 Collector(SDC) preferred al appeal against the said order dated 10.08.2009, which was later numbered as L.A.A.S.No.606 of 2o 10 dated. 07 .O7 .2022 confirming reference order of reference Courtino.P.No.26of2oo4.Learnedcounselappearingforthe petitioners would further submit that the petitioners covered by the same award, who have not sought reference under Section 18(1), frled applications under Section 28-A of the Land AcquisitionAct,|894seekingre'determinationofcompensation the judgment passed in O.P.No.26 of in the light of 2OO4(L.A.A.S.No.6O6 of 2010 dated 07.O7.2022lr. Accordingly, the petitioners also made several representations to the LAo/SDCrequestingdisposaloftheirapplicationsfiledunder Section 28_A of the LA Act, 1894' Since no action is forthcoming onthesaidrepresentations,thepresentwritpetitionisfiled. 4 . Though various grounds are raised in the writ petition' learned counsel for the petitioners restricts his prayer seeking a direction to respondent authorities to dispose of the petitioners' representation in a time bound period'
5. Learned Assistant Government Pleader for Revenue appearingonbehalfofrespondentssubmitsthatreasonabletime may be granted to the respondents to consider the case of the 4 .- Y **,1 t- petitioners. Learned Assistant Government pleader would furthef* submit that, if the representations s r bmitted bv the petitioners are still pending consideration, th.r Court may be pleased to direct the respondent authorities r.r consider and dispose of the said representations and pass al) rropriate orders in accordance \4,ith 1aw.
6. Learned counsel appearing for the petiti I rers submitted that the petitioners have placed on recorcl, opies of their representations by filing the same along with a lemo, and the same is not disputed by the rearned Assistar t Government Pleader for Revenue.
7. In view of the submissions made by the lea r ed counsel on either side, and r.r,ithout going into the merits o- the case, this writ petition is disposed of directing respondent Nt .3 to consider and dispose of the petitioners, representatlct s and pass appropriate orders strictly in accordance rr th law, as expeditiously as possible, preferably within a peric,r of three (03) months from the date of receipt of a copy of this or: :r by giving a fair opportunity of hearing to the petitioners. 8 Accordingly this writ petition is disposed of. 5 Miscellaneous applications, if any pending, shall stand closed. However, there shall be no order as to costs. SD/. P. PONNA KRIS SISTANT REG //TRUE COPY// ECTION OFFICER To,
1. The Principal Secretary, Revenue Department (Lan Hyderabad, State of Telangana. C uisition), Secretariat,
2. The District Collector Mancherial, Mancherial District. 3. The Revenue Divisional Officer / LAO, Bellampatly, It/ancherial District. 4. One CC to SRI G.CHANDAN RAAJ, Advocate [OPUC] 5. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT]
6. Two CD Copies BSR HIGH COURT DATED: 1Gl12t2O2S ORDER WP.No.33379 of 2024 o 0 g tB ?0?[ I * Ot . :.'rf C,P'1-' , L--:)" -i ./ DISPOSING OF THE WRIT PETITION, WITHOUT COSTS ,"\a.u \b