Disposed

Sri Errabelli Sujatha v. The State of Telangana

Telangana HC3 Dec 2020WP/21964/2020

Case brief

AI extract

What is this about?

In a writ petition alleging underestimation of land extent in a notification for acquisition, the High Court dismissed the plea prematurely. The Court held that since the declaration and inquiry stages under the RFR Act had not been completed, the petition was disposed of with a direction to authorities to consider the petitioner's objections before passing the award.

What did the court decide?

Directions to respondents to consider the petitioner's objections regarding the extent of land and take necessary steps under law before passing the Award under Section 21 of the RFR Act, 2013.

Sri Errabelli Sujatha Vs The State of Telangana — Land Acquisition | Telangana HC (2020)

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original J urisdiction)

¶2

THURSDAY, THE THIRD DAY OF DECEIVBER TWO THOUSAND AND TWENTY

¶3

PRESENT

¶4

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM

¶5

wRtT PET|TTON NO. 21964 0F 2020

¶6

Between:

¶7

Sri Errabelli Sujatha, W/o. late Raviner Rao, Age: 54 years, Occ: Agriculture, F/o. Rangaraopally village, Kondapur post, Ghanapur Mandal, Jayashankar Bhupalpally District, Telangana - 506 345.

¶8

...PETITIONER

¶9

AND

¶10

The State of Telangana, Rep. by its Principal Secretary, Department of Revenue, Secretariat Buildings, Hyderabad.

¶11

The District Collector, Jayashankar Bhupalpally District, Telangana State.

¶12

The Land Acquisition Officer & Revenue Divisional Officer, Bhupalpally Division, Jayashankar Bhupalpally District.

¶13

The Tahasildar, Ghanapur Mandal, Jayashankar Bhupalpally District.

¶14

The General Manager, Singareni Collieries Companies Ltd., Bhupalpally Area, Jayashankar Bhupalpally District.

¶15

...RESPONDENTS

¶16

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction, more in the nature of Mandamus, directing the 3'd respondent to publish ERRETA to the Preliminary Notification dated 31 .O1 .2020 Gazette No. JSK/BHPLtLAtO2l2O2O, issued by the 3rd respondent for acquiring land to an extent of Ac. 412-22 guntas at Dharmaraopet village, Ghanapur Mandal, Jayashankar Bhupalpally District for KTK Open Cast - lll, wherein the petitioner's land was shown as Ac.0.36 guntas instead of Ac.O1.00 guntas by virtue of which the petitioner has deprived of his land to an extent of Ac.01.00 guntas without any compensation and in his place fake pattadars were shown as real pattadars of the land belonging to the petitioner and consequently direct the 3rd respondent to consider the representation dated 07.09.2020 and 10.'1 1.2020 of the petitioner and take possession of the entire land to the extent of Ac. 0'l .00 guntas belonging to the petitioner declaring the petitioner to eligible for compensation to the entire land to the extent of Ac. 01.00^guntas.

¶17

lA NO: 1 OF 2020

¶18

Petition under Section 151 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 3'd respondent to order the 4th respondent to submit the details of the actuat extents of lands of the^petitioner along with relevant records for the consideration of the 3'd respondent, pending disposal of the main writ^petition.

¶19

Counsel for the Petitioner: SRI SANNIDHIRAJA MALLESWARA RAO

¶20

Counsel for the Respondent Nos. 1 to 4: AGP FOR LAND ACQUISITION

¶21

Counsel for the Respondent No.S: SRI J. SREENIVASA RAO,

¶22

S.C. FOR SINGARENI COLLIERIES

¶23

The Court made the following: ORDER

¶24

THE HON'BLE SRIJUSTICE CHALLA KODANDA RAM

¶25

WRIT PETITION No. 21964 ot 2020

¶26

ORDER:

¶27

Petitioner asserts that she is the owner of land admeasuring Ac.01.00 guntas in Survey No 318/94/9/2, situated at Dharmaraopet Revenue Village, Ghanapur [t/andal, Jayashankar Bhupalpally District. However, in the preliminary notification, dated 31 .01 .2020 issued by respondent No.3 for acquisition of the land, a part of her land has only been shown.

¶28

Learned Assistant Government Pleader for Land Acquisition submits that as on date, declaration under Section 15 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 20 13, has not yet been made, enquiry under Section 1t has not yet been conducted and the case has not reached the stage of enquiry under Section 2'1 of the said Act.

¶29

lnasmuch as the declaration has not been made as of date and as the^{petitioner's grievance} is required to be considered mainly at the stage of Sections 19 and 21 of the Act, the writ^petition is disposed of with the direction to the respondents to consider the objections raised by the petitioner with regard to the acquisition of extent of her land and take necessary steps in accordance with law, before passing the Award.

¶30

Miscellaneous petitions, if any, pending in this writ^petition shall stand disposed of. There shall be no order as to costs. n

¶31

SD/.M'RAMANA KR HNA ASSISTANT^RE TRAR //TRUE COPY' SECTI N OFFICER

¶32

to,,. ,n" principar Secretary, Department of Revenue, State of relangana, secretariat Buildings, HYderabad 2. The District^{Collector, Jayashankar Bhupalpally District' Telangana State'}

es"U

....-'-..--._.-.::

a The Land Acquisition Officer and Revenue Divisional Officer, Bhupalpally Division, Jayashankar Bhupalpally District.

¶37

1. The Tahasildar, Ghanapur I/andal, Jayashankar Bhupalpally District. E The General Manager, Singareni Collieries Companies Ltd., Bhupalpally Area, Jayashankar Bhupalpally District.

¶38

1. One CC to Sri Sannidhiraja l/alleswara Rao, Advocate [OPUC] 7. Two CCs to GP for Land Acquisition, High Court for the State of Telangana. tourl

¶39

One CC to Sri J. Sreenivasa Rao, S.C. for Singareni Collieries [OPUC] 9. Two CD Copies.

t\4P NZ

HIGH COURT

DATED:3/1212020

ORDER

1 tle s T4 Ie
c
Z
oo 16[[cm0
*
0 *
s P;:I
b

¶45

WP.No.21964 of 2020

¶46

DISPOSING OF THE WRIT PETITION WITHOUT COSTS

¶47

csv, -lPrfpt*11--c-o9te4

Sri Errabelli Sujatha v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Sri Errabelli Sujatha v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rakesh Kumar Agarwal and Another Vs The Ministry of Corporate Affairs and Another

Avexa - Railone Jv Vs Union of India

Sri Velamati Ramnath Vs Union of India

M/s Gvnr Krishna Hospital Pvt. Ltd. Vs The State of Telangana

Ranga Rao Setti Vs The State of Telangana

Smt Etaboina Shirisha Vs State of Telangana