Dismissed

Smt.Chitirala Saraswathi v. The State of Telangana and 4 others

Telangana HC17 Mar 2022WP/11278/2022

Case brief

AI extract

What is this about?

The petitioner sought a writ and inherent power to compel payment of compensation or referral for determination of rights regarding acquired land. The Court held that no direction could be granted as no award had been passed for the relevant land area, and noted a fresh notification was intended for a different extent.

What did the court decide?

Relief sought to direct payment of compensation or referral for determination of rights was not granted.

Smt.Chitirala Saraswathi Vs The State of Telangana and 4… — Land Acquisition | Telangana HC (2022)

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

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THURSDAY,THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRI JUSTICE A.ABHISHEK REDDY

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WRIT PETITION NO: 11278 OF 2022

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Between:

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Smt.Chitirala Saraswathi, Wo Ch.Koteswara Rao Hindu, Aged about 40 years, Occ.House wife, Ri,io.H.No.2-990, Guruzala village and mandal, Guntur Dist.

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.,.PETITIONER

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AND

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1 The State of Telangana, Rep. by its Principal Secretary (Revenue(L.A), Department), Secretariat, Hyderabad.

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2 The District Collector, Nalgonda dist, Nalgonda. a The Land Acquisition Officer- cum Revenue Divisional Officer, Miryalaguda, Nalgonda District.

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4 The Tahsildar, Damarcharla Mandal, Nalgonda District. q Kurakula Venkateswarlu, S/o Koteswara Rao, Aged about 49 years, Occ. Business, Rl/o.Chityala Village, Damarcharla lv'landal,Nalgonda Dist.

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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 an order/direction or any appropriate writ, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents 2 and 3 in not paying the compensation amount to me or referring the matter to competent authority for determination of right and payment of compensation in respect of petitioner lands acquired admeasuring an extent of Ac..l .00 gts, in Sy.No.19/1 situated in Chityala Village, and Gram Panchayat, Damaracherla Revenue Mandal, Nalgonda Dist as illegal, arbitrary, unconstitutio na I and contrary to the provisions Of The Right To Fair Compensation And Transparency ln Land Acquisition, Rehabilitation And Resettlement Act, 2013, and Violative of Articles 31 and 3004 Constitution of lndia and consequently, direct the respondents 2 and

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3 to pay the compensation to the^{petitioneror refer the matterto the Competent} Authority in respect of acquired my subject^{lands U/section 64 of the Act for} proper determination of rights and payment of Compensation,ⁱⁿ the^{interest of} justice.

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IA NO: 1 OF 2022

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Petition under Section¹ 51 CPC^{praying that in the circumstances statedin} the affidavit filed in support of^{the petition, the HighCourt maybe pleased to} direct the respondents 2 and 3 not to^{disbursethe compensation amountin favor} of the respondents 5 in respect of the land^{admeasuring an extent of Ac.'1 .00 gts,} in Sy.No.19/1 situated in Chityala^{Village, and Gram Panchayat, Damaracherla} Revenue Mandal, Nalgonda^{Dist, in the interest of justice.}

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Counsel for the Petitioner:SRl. VSRMV^PRASADSANAKA

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Counsel for the Respondent No's.^{1 to 4: GP FOR LAND ACQUISITION}

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Counsel for the Respondent No.s: NONE^APPEARED

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The Court made the following: ORDER

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t t

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THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY

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nrRIT PETITION No.11278 of 2022

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ORDER:

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This writ petition is filed seeking^{a direction to the respondentNos.2} and 3 to pay the compensation^{amount to the petitioner and to refer the} matter to the comPetent authority for^{determinationof the rightsand} payment of compensation in^{respect of the acquired land,admeasuring} Ac.1.00 guntas, in Survey^{No.19/1, situated at Chityala Village and Gram} Panchayat, Damaracherla^{Revenue Mandal, Nalgonda District.}

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The learned Government^{Pleaderfor Land Acquisition,basec{ on the} written ir"structions submitted by^{the. Revenue Divisional Office'r,} Miryalguda, states that no Award^{has been passed in respect of Acs.2.22} guntas of tand in survey No.19 of^{ChityalaVillage and that the official} responclents intend to issue a^{freshnotificationin resPectof the said} Acs.2.22 guntas of land.

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In view of the above made^{submissions, the relief sought for by the} petitioner to direct the^{respondentauthoritiesto} Pay^{comPensation in} respect of the subiect land cannot^{be granted.}

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The writ petition is, accordingly,^{closed. However,it is macleclear} that if any fresh notification^{is given in respect of Acs.2.22guntas of lancl in} Survey No.19 of Chityala^{Village,the petitionerand other intcrcsted}

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parties, if any, shall be put on notice and^{afforded an opportunityof}

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hearing, before passing any Award.

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Miscellaneous petitions pending, if any, shall stand closed. There

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shall be no order as to costs.

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//TRUE COPY//

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SD/M..MANJULA ASSISTANT^REGISTRAR

SECTION OFFICER

To,

One CCto^{SRl. VSRMV PRASADSANAKAAdvocatetOPUCl}

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2.TwoCCstoGPFoRLANDACoUlSlTloN,HighCourtfortheStateof Telangana. [OUT]

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Two CD CoPies.

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One SPare^CoPY.

BS 'k<sup>.]y

HIGH COURT

DATED:17^10312022

ORDER

WP.No.11278^{of 2022}

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1 flE SI47" t:
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O 14 sEP 2022
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...-:!':

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CLOSING THE WP

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WTHOUT COSTS.

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Or.-
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Smt.Chitirala Saraswathi v. The State of Telangana and 4 others

Case brief

What is this about?

What did the court decide?

Smt.Chitirala Saraswathi v. The State of Telangana and 4 others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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