Dismissed

Chinturi Gopala Rao v. The State of Telangana

Telangana HC14 Jun 2021WP/2892/2021

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the petitioner challenged the Special Deputy Collector for not referring a land acquisition matter to the civil court. Relying on a respondent's consent regarding a decision to refer the matter under Section 64 of 2013 Act, the Court closed the petition without costs.

What did the court decide?

Closing of the Writ petition with no order as to costs based on authorities' consent to refer the matter.

Chinturi Gopala Rao Vs The State of Telangana — Land Acquisition | Telangana HC (2021)

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H,GH co uR r Fo%l!f, :,H[ SlLi5AN GANA

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PRESENT

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THE HONOURABLE SRI JUSTICE A.ABHISHEK REDDY WRIT PETITIONN O: 289 20F 20 1

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Betwee n:

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Chinturr Gopala Rao. S,o^, Lg,q. Tataiah. aSed gS,, years O-cr. Agnculture, H/o. IV o ga r r a pa r I i ( z ) v i I ra g ; c n a riJ tr.,ta n"o a'r lii i.,, i r"#i Kor n a g ud e m D i s t ricr

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AND

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..,PETITIONER

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1 The State of Telanqana. reo. by its prl Secretary, Revenue Department (Land Acqulsrlton) Secretariat, Hydeiabad^{- --'-\ei,,i \vyu,}

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2 The District Collector, Bhadradri Kothagudem District at Kothagudem

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3 The Special Deputv corectori Land Acquisition officer-cum-sub colector, Bir?:Hrr. sasai^/utripurpo.e Fioti,c'i, xo'in'jg"r;;;l Bh.o,iaii roi[ui,jiu,

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4 The Revenue Divisionar officer Kothagudem, Bhadradri Kothagudem District

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5 The Tahsildar,, Charla Mandal, Bhadradri Kothagudem District

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ChintiVenkatesar Rao, S/o. Late Tataiah, aged 60 years Occ. Agriculture, R/o. fVogallapaili (Z) Viilage Charta Mandat,"BhadrcidriK;thrs,;a"uri Dirii"t

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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, order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in not referring the matter to civil court under Section 30 of the Old Act and Section 76 of the New Land Acquisition Act inspite of the petitioners representation dated 0911212020 in connection with the petitioners lands situated in Sy No. 44l4lo an extent of Ac. 1.33 gts situated at Moagallapalli (Z) Village, Charla l\ilandal of Bhadradri Kothagudem District inspite of the ROR appeal^pending before the 4th^{respondentwithout} showing the petitioner name in the Land Acquisition^{Notificationdt.23.11 .2020 and} trying to pay the compensation amounts^{in favour of the 6th respondentandalso} without following the directions^passed by.this^{Hon'ble Court in WP No. 17906 of} 20.1 7 dated 07 to6l2o17 without^{issuing any notice and withoutconsideringthe} objections of the^petitioner is^{illegal and avoid and opposed to Article, 14, 19,21} and 300-A of constitution^{of lndia and consequently to direct the respondents1 to 5} to refer the matter to the^{civil courtby depositingthe entire compensation amountin} respect of the land in^question.

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IAN O:1^OF2021

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petition under section^{151 cpcprayingthat in the circumstances stated in} the affidavit^{filed in support of the petition' the High Court maybe pleased to direct} the 3rd respondent^{not to pay the land acquisition compensation amount in favourof} the 6th respondent^{in respectof the lands situated in Sy No 44t4 lo an extent of Ac'} 1.33^gts situated^{at Mogallapalli (Z) Village' Charla Mandal' BhadradriKothagudem} District,^{pending disposalof the main writ petition'}

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Counsel for^{the Petitioner:SRI' KONDAPARTHI SRINIVASA}

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Counsel for the^{Respondents No 1 and 3: GP FOR LAND ACQUISITION(TG)}

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Counsel for the^{Respondents No 2,4 and 5: GP FOR REVENUE}

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Counsel for the ResPondent^{No 6:} -

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The Court made the following:^ORDER

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THE HON,BLE SRI JUSTICE A.ABHISHEB REDDY ORDER: wRIT TIoNNo,28 92 of 2021

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Heard the learned counsel for the petitioner, learned Governmenr pleader for Land Acquisition for respondent Nos. 1 and 3, and learned Government pleader for Revenue for respondent Nos.2, 4 and 5, With their consent, the Writ petition is disposed of at the stage of admission itselL

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Aggrieved by the inaction of the respondent No.3 in referring the matter to Civil Court, ln spjfe of the petitioner makir_rg a representation, dated 09.12,2020, the present writ petition is filed

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Learned Government pleader for Land Acquisition, on instructions, has stated that based on the representation made by the petitioner, the authorities have decided to refer the matter under Section 64 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehab itation and Resettlement Act, 20 13, and that the authorities will do so, at the earliest.

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In view of the above made submission, the grievance of the petitioner stands redressed and the Writ petition is accordingly closed.

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Miscelianeous petitions pending in this writ petition, if any, shall stand closed. There shall be no order as to costs

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To,

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SD/- I.NAGALAKSHMI ASSISTANT REGISTRAR ,TRUE COPY// I 'JI SECTION OFFICER

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1 One CC to Sri Kondaparthi Srinivasa, Advocate tOpUCl 2 ,'#,rr?"t to GP for Land Acquisition, High court for the state of retangana. Two CCs to Gp for Revenue, High Court for the State of Telangana. [OUT] 4 Two CD Copies One Spare Copy

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HIGH^COURT

DATED:1^{4 10612021}

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