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Billakuri Padma v. The State of Telangana

Telangana HC9 Nov 2021WP/18204/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the inaction of respondents in referring a compensation objection to the Land Acquisition Authority. The court directed the District Collector to refer the specific application filed by the petitioner to the Authority within two weeks.

What did the court decide?

Directing the 2nd respondent to refer the petitioner's application filed on 09.07.2021 to the Land Acquisition Authority constituted under the Act within two weeks.

Billakuri Padma Vs The State of Telangana — Land Acquisition | Telangana HC (2021)

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

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TUESDAY ,THE NINTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE SRIJUSTICE T.VINOD KUMAR

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WRIT PETITION NO:^'18204 OF 2021

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Between:

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Billakuri Padma, W/o. Buchaiah, Age 45 years, Occ Agriculture, R/o.H.No.5-72, Venkatapur, Stambampalli, Dist. Jagityal, State of TS.

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...'ET.T'ONER

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AND

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The State of Telangana, Represented by its Principal Secretary Government of Revenue Land Acquisition Department Telangana Secretariat Hyderabad.

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The District Collector, Jagityal District, Jagityal.

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The Land Acquisition Officerffhe Revenue Dlvisional Officer, Jagityai, Jagityal District.

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The Tahsildar, Velgatur Mandal, Jagityal District.

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...RESpoNDENTS

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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 or order more^particularly one in the nature of writ of mandamus or any other appropriate writ or order or orders declaring the inaction of Respondent No.3 and 4 in referring the objection of the^petitioner to land Acquisition^Authority constituted under Sec. 51 of RFCTLARR^{Act for paying meager} compensationⁱⁿ acquiring land bearing Sy.No.219/2/2 to an extent of Ac.1-00 Gts situated^at Velgatur Village and Mandal, Dist. Jagityal as being arbitrary, vindictive,^illegal, violative of Articles 14,^'t 6 and 21 of the Constitution of lndia and against to^the principles of Natural Justice, and consequently direct the Respondents herein to refer the objection of the petitioner to land Acquisition Authority constituted under Sec.51 of RFCTLARR Act for^paying meager compensation^{in acquiringland} bearing Sy.No.219/2/2 to an extent of Ac.1-00 Gts situated^{at Velgatur Villageand,} Mandal, Dist, Jagityal.

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lA NO: 1 OF 2021

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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 Respondents to immediately refer objection^{of the petitionerfor acquiring land} bearing Sy.No.219l2l2 to an extent^{of Ac.1-00 Gts situated at VelgaturVillage and} Mandal, Dist. Jagityal to Land Acquisition^{Authorityfor adjudicationpending} disposal of the above writ^petition.

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Counsel for the Petitioner : SRI KONDADI^AJAYKUMAR

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Counsel for the Respondents: GP FOR^{LAND ACQUISITION}

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The Court made the following: ORDER

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THE HON'BLE SRI^{JUSTICE T. VINOD KUMAR}

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WRIT PETITION^{No.182O4 of 2o2L}

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ORDER:

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This Writ^{Petitionis filed to declarethe inactionof the} respondents in^{referring the objections of the petitioner to} the Land Acquisition^{Authority under Section64 of the} Right to Fair Compensation^{and Transparency in Land} Acquisition, Rehabilitation^{and Resettlement Act, 2013 (for} short the Act') in^{payingmeager compensationand seeking} enhancement thereof,^{as illegal, and consequently direct the} respondents to make reference^{as sought for.}

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Heard learned counsel^{for the petitioner and learned} Government Pleader for^{Land Acquisitionappearing for} respondents. With their^{consent,this Writ Petition is taken} up for hearing and disPosed^of.

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Petitioner contends that^{the respondentsby Award} dt.18.06.2021 , acquired the land^{of thepetitioner} admeasuring Ac.1.00^guntas in^surveyNo.2l9 l2l2^situated at Velgatur Village & Mandal, Jagityal^District,for Kaleshwaram Project Lrnk-2 and^{determined the} compensation totaling in a sum of^Rs.t4,O1 ,5O7 l-.^Being aggrieved by the said meager amount of compensation determined by the respondents,^petitioner filed^{a petitionon} O9.O7.2O2L under Section 6a(1) of the Act to^{the District}

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coilector seeking a reference to the Authority cor-rstituted under Section 5i of the Act. Though more than four months have passed by, the said appiication is pending reference to the Authority.

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Learned Government pleader for Land Acquisition does not seriously dispute the fact of petitioner filing application seeking reference under Section 64( 1) of the Act.

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Having regard to the above said submissions, this Writ Petition is disposed of directing the 2nd respondent to make reference of the petition filed by the petitioner on 09.07.2021 to the Authority constituted under the Act within a period of two (02) weeks from the date of receipt of a copy of this order. No order as to costs.

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Consequently, miscellaneous petitions pending if any, shall stand closed.

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SD/.N.CHANDRA SEKHAR RAO ASSISTANT REGISTRAR

,TRUE COPY'

SECTION OFFICER

To,

The Principal Secretary Government of Revenue Land Acquisition Department State of Telangana, Telangana Secretariat Hyderabad.

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The District Collector, Jagiiyal District, Jagityil.

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The Land Acquisition Officer/The Revenue Divisional Officer, Jagityai, Jagityal District.

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The Tahsildar, Velgatur Mandal, Jagityal District.

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One CC to Sri Kondadi Ajay Kumar, Advocate [OPUC]

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Two CCs to GP for Land Acquisition, High Court for the State of Telangana at Hyderabad. [OUT]

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Two CD Copies

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One Spare Copy

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HIGH COURT

DATED:09/11/2021

ORDER

WP,No.18204 of 202'l

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DISPOSING OF THE WP WITHOUT COSTS

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?^ )N^Y

Billakuri Padma v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Billakuri Padma v. The State of Telangana

Case brief

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What did the court decide?

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