Disposed

Smt. Sode Dharmaiah v. The State of Andhra Pradesh

Telangana HC17 Sept 2016WP/31478/2016

Case brief

AI extract

What is this about?

Writ petition by Sode Dharmaiah challenging inaction in correcting an erroneous land acquisition compensation payment made to the fifth respondent instead of the petitioners. The court directed the respondents to dispose of the representation within four weeks.

What did the court decide?

Direct respondents 2 to 4 to consider and dispose of the representation dated 27/5/2016 on merits within four weeks.

Smt. Sode Dharmaiah Vs The State of Andhra Pradesh — Land Acquisition | Telangana HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH

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[Special Original Jurisdiction]

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SATURDAY THE SEVENTEENTH DAY OF SEPTEMBER, 2016

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PRESENT HONOURABLE SRI JUSTICE SURESH KUMAR KAIT

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WRIT PETITION NO. 31478 OF 2016

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Between:

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Sode Dharmaiah & Anr. … Petitioners
V/s.
The State of Andhra Pradesh
Rep. by its Prl. Secretary
Revenue [LA] Department
AP Secretariat, Hyderabad & Ors. … Respondents
Counsel for the Petitioners: Sri KJVN Pundareekakshudu

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Counsel for the Respondents: GP for Land Acquisition for R1 to R4

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The court made the following: [order follows]

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HONOURABLE SRI JUSTICE SURESH KUMAR KAIT

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WRIT PETITION NO. 31478 OF 2016

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O R D E R :

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This writ petition is filed by the petitioners seeking

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mandamus to declare the inaction of respondents 2 and 3 in

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considering the objection/claim dated 27/5/2016 of the petitioners

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by way of dissolving the claim of fifth respondent including

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non-payment of land acquisition compensation to the petitioners

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land in survey No. 14/2 to an extent of Ac: 2-98 cents of dry; survey

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No. 31/4 to an extent of Ac: 1-57 cents of dry; survey No. 63/1 to

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an extent of Ac: 2-38 cents of dry; survey No. 63/7 to an extent of

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Ac:0-50 cents of dry and survey No. 89/2 to an extent of Ac: 3-10

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cents of dry land situated at Narsingapeta village, Kunavaram

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Mandal, East Godavari district, Andhra Pradesh, which were fell in

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submergence of “Polavaram Irrigation Project”, East Godavari district

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as illegal, arbitrary and violative of the principles of natural justice as

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well as violative of the Land Acquisition Act No. 30 of 2013 and

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consequently to direct the respondents 2 and 3 to consider the

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representation dated 27/5/2016 of the petitioners and to issue land

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acquisition compensation to their respective lands published

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mistakenly in the name of fifth respondent and to pass such other

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suitable orders as this Court may deems fit and proper in the

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circumstances of the case.

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Heard the learned counsel for the petitioners and learned

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Government Pleader for respondents 1 to 4.

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As stated in the affidavit filed in support of the petition that

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land acquisition compensation to the respective lands published

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mistakenly in the name of fifth respondent. Whereas the said fifth

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respondent has nothing to do with the lands of the petitioners.

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Notice issued. Learned Government Pleader takes notice on

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behalf of respondent Nos. 1 to 4.

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Keeping in view, the averments made in the affidavit filed in

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support of the petition and submission of the counsel for the parties,

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I hereby direct the respondents 2 to 4 to consider and dispose of the

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representation dated 27/5/2016 submitted by the petitioner and pass

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appropriate orders on merits and in accordance with law within a

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period of four weeks from the date of receipt of a copy of this order.

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I hereby make it clear that the orders passed on the

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representation dated 27/5/2016 shall be communicated to the

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petitioners within one week thereafter. Consequently, till decision is

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taken on the representation of the petitioners, the compensation

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amount shall not be disbursed in favour of any third party including

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respondent No.5.

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the admission stage. No costs.

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writ petition shall stand closed.

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___________________________________ JUSTICE SURESH KUMAR KAIT.

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17/09/2016 I s L

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HONOURABLE SRI JUSTICE SURESH KUMAR KAIT

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WRIT PETITION NO. 31478 OF 2016

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Date: 17/09/2016 Circulation No. Court Master: I s L

Smt. Sode Dharmaiah v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Smt. Sode Dharmaiah v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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