Dismissed

V. Venkata Appa Rao v. The State of Telangana

Telangana HC1 Jun 2020WP/7210/2020

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition and execution petition at the stage of admission. The court held that the petitioners' grievance regarding the proposed dispossession of land was suitably addressed by the respondents' assurance that they would issue notice under Section 19(1) of the 2013 Act. Consequently, no order as to costs was passed.

What did the court decide?

The writ petition is disposed of at the stage of admission. The miscellaneous petition is closed. No order as to costs.

V. Venkata Appa Rao Vs The State of Telangana — Land Acquisition | Telangana HC (2020)

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HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction)

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MONDAY, THE FIRST DAY OF JUNE TWO THOUSAND AND TWENTY

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PRESENT

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THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY

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WRIT PETITION NO: 7210 OF 2020

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Between:

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V. Venkata Appa Rao, S/o. late Tirumal Rao, aged about 47 years, Occ: Agriculture

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V. Rajesh, S/o. late Tirumal Rao, Aged about 45 years, Occ: Business, 3. V. Venkat Rao, S/o. Iate Tirumal Rao, Aged about 44 years, Occ: Software Engineer,

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(All are Rl/o. Vallur Village, Jadcherla Mandal, Mg-habubnagar District.)

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...PETITIONERS

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AND

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

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The District Colleclor, Ivlahabubnagar District.

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3, The Revenue Divisional Officer, I,4ahabubnagar Division, Mahabubnagar District. 4, The Tahsildar, Jadcherla lt4andal, Mahabubnagar District,

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...RES'ONDENTS

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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 a writ, order or a direction, more particularly one in the nature of writ of mandamus, declaring the action of the respondents in seeking to dispossess the petitioners from their private patta land in Survey No.66/2, admeasuring Ac. 12.28 guntas, situated at Vallur Village, Jadcherla Mandal, [/ahabubnagar District, without following due process of law, as being arbitrary, illegal, unreasonable, violative of principles of natural justice and also violative of Articles 14, 21 ant 300-4 of the Constitution of lndia and issue a consequential direction directing the respondents not to dispossess the petitioners from the above said land without following due process of law or without paying any compensation.

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lA NO: 1 OF 2020

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Petition under Section 151 CPC praying that in the circumsLances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to dispossess the petitioners from the land in Survey No. 66/2, admeasuring Ac. 12.28 guntas, situated at Vallur Village, Jadcherla ttrlandal, I,4ahabubnagar District, without following due process of law, pending disposal of the writ petition.

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Counsel for the Petitioners: SRl. A. GIRIDHAR R19

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Counsel for the Respondents: GP FOR REVENUE

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The Court at the stage of admission made the following: ORDER

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Heard the leanred counsel for the petitioners and the learned Government Pleader for Revenue for respondents. With their consent, the Writ Petition is disposed of at the stage of admission.

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This Writ Petitiorr is filed aggrieved by the action of the respondents in seeking to dispossess :he petitioners from their private p.rtta land in survey No.6612, admeasurinE{ Acs.l2.28 guntas, situated at Vallu^- Village, Jadcherla Mandal, Mahabubnagar District, without following due proc:ss of law.

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The learned Govt:rnment Pleader, on instructions, has stated that notice under Section 19 (l ) cf the Right to Fair Compensation and Transparencv in Land Acquisition, Rehebilitation and Resettlement Act, 20111 (in short 'the Act'), has not yet been issueC and he further submits that the authorities '"r,ill follou, due process of law as contemplated under the Act before taking possession of the land.

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In view of the above submission made by the l:arned Government Pleader, the grievance of the petitioners stands redressed.

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Therefore, recorCing the above submission of the learned Government Pleader, the writ petiti rn is disposed of.

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