The Court dismissed a writ petition challenging an order rejecting exgratia compensation for land acquired for a canal project, as the petitioners failed to produce the mandatory documentary evidence of D-Form Pattas.
The writ petition is dismissed; no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE V.V.S.RAO
WRIT PETITION No.6597 OF 2003
Date:10.02.2011
Between:
Dudekula Dastagiri and others .. Petitioners
And
The Special Deputy Collector, Land Acquisition, S.R.B.C. Banaganapalle, Kurnool District and another .. Respondents
THE HON’BLE SRI JUSTICE V.V.S.RAO
WRIT PETITION No.6597 OF 2003
ORDER:
The petitioners are allegedly in possession of agriculture lands in Survey Nos.983/A, 879/1B and 877/B admeasuring various extents. They alleged that the Government for the purpose of excavation of Akumalla Major Distributory Canal under Srisailam Right Branch Canal acquired an extent of Acs.70.68 cents of land in Akumalla Village under an award No.41/99, dated 01.01.2001. Allegedly the petitioners land was also taken. They were not, however, paid any exgratia. They filed W.P.No.2581 of 2002 before this Court, which was disposed of observing that the petitioners case be examined in terms of G.O.Ms.No.639, dated 29.09.2001. After considering the claim of the petitioners, the first respondent passed the impugned order rejecting exgratia.
The matter was heard by this Court on 03.02.2011. As the first respondent rejected payment of exgratia in accordance with the relevant Government Order on the ground that the petitioners failed to produce D- Form Pattas, this Court directed the counsel for petitioners to produce the copies of the original D-Form Pattas. In fact, a counter affidavit is filed by the first respondent reiterating that in spite of notices issued to the petitioners for production of documentary evidence, no such evidence was produced.
When the matter is taken up for hearing today, the D-Form Pattas were not produced by the petitioners. As the petitioners claim was rejected only on the ground that unless and until the petitioners produce the evidence of D-Form Pattas, this Court cannot find fault with the impugned order.
The writ petition is, accordingly, dismissed. There shall be no order as to costs.
(V.V.S. RAO, J)
10.02.2011 KH
1 issue framed by the court
Whether the claimants are entitled to exgratia compensation when they fail to produce D-Form Pattas as required by the Government Order.
1 provisions across 1 enactments
Dudekula Dastagiri and others
Special Deputy Collector, Land Acquisition, S.R.B.C. Banaganapalle, Kurnool District
another
V.V.S. Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
