The Acting Chief Justice dismissed a writ appeal challenging the dismissal of a writ petition. The court upheld the lower court's finding that the respondents had no right to claim compensation for lands belonging to the Endowments Department, thus finding the appeal devoid of merits.
Writ appeal dismissed; no costs awarded.
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 THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR
Writ Appeal No. 966 of 2012
DATED:7.8.2012
Between:
K. Prabhakar Sharma and another.
… Appellants
And
The District Collector & Magistrate, Mahabubnagar District and others.
…. Respondents
THE HON’BLE THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE AND
THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR
Writ Appeal No.966 of 2012
Judgment: (per the Hon’ble the Acting Chief Justice Sri Pinaki Chandra Ghose)
This appeal is directed against the order dated 6.6.2012 passed by the Hon’ble Single Judge in Writ Petition No. 10813 of 2012, dismissing the said writ petition.
The facts of the case as pleaded by the appellants-writ petitioners before the Hon’ble Single Judge are that the appellants are the residents of Pallepadu Village, Manavapadu Mandal, Mahabubnagar District. According to the appellants, their lands were affected in the acquisition for Srisailam Project in the year 1974 and they were paid nominal compensation. They further pleaded that since the Government did not make any rehabilitation, they purchased lands from the landholders of the village and are cultivating the same for a long time. They further pleaded that the Government again acquired part of the lands purchased by them in the year 2002 for the purpose of laying road to connect various villages. But, no compensation was paid to them.
It is quite evident from the records and the material placed
in this matter that the lands which were acquired in the year 2002 belonged to the Endowments Department. In view of that, the Hon’ble Single Judge held that the appellants have no legal right to seek compensation and on that ground, dismissed the said writ petition.
Having heard the learned counsel appearing for the appellants and having considered the material on record, we are of the view that the facts which have been pleaded in the writ petition cannot be improved. Further, there is no dispute that the property which was acquired in the year 2002 belonged to the Endowments Department and therefore, the appellants have no right to seek compensation in respect of those lands.
Hence, we do not find that there is any illegality or irregularity in the order passed by the Hon’ble Single Judge. The writ appeal is devoid of merits and it is accordingly dismissed. No costs.
__________________________ PINAKI CHANDRA GHOSE, ACJ
______________________ VILAS V. AFZULPURKAR,J 7-8-2012
pnb
1 issue framed by the court
Whether the appellants are entitled to claim compensation for lands belonging to the Endowments Department acquired in 2002 for road construction purposes.
K. Prabhakar Sharma
The District Collector & Magistrate, Mahabubnagar District
Pinaki Chandra Ghose
Vilas V. Afzulpurkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
