Disposed

Weldflux India Limited v. The State of Telangana and 4 others

Telangana HC2 Dec 2022WP/1990/2022

Case brief

AI extract

What is this about?

In a writ petition challenging non-issuance of compensation notice due to a dispute between the petitioner landowner and a liquidator, the High Court directed the Revenue Divisional Officer to refer the entitlement matter to the Principal Civil Court of original jurisdiction.

What did the court decide?

Directed Respondent No.3 to refer the matter of compensatiion entitlement to the Principal Civil Court of original jurisdiction within four weeks.

Weldflux India Limited Vs The State of Telangana and 4… — Land Acquisition | Telangana HC (2022)

¶1

STATE^{OF TELANGANA} HIGH^{COURTFOR THE} AT^HYDERABAD t Jurisd^iction) (Spec ial^Origina DAY^OFDECEMBER FRIDAY^THE SECOND NTY^TWO USAND^A ND^TWE TWOTHO OURABLE^{SRI JUSTICE} PRES ENT^{MUMMINENISUDHEERKUMAR} THE^HON Tlo NN^o:19900F2o22 wRIT^PETI

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Between: '"**,ghi,ft

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Hqufuq$n|jr#fri$i',,;;i.,Hi;li*,it'trlr;if'

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"'PETlrloNERS "/

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AND

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1 The State of^{Telangana' Rep'by its PrincipalSecretary'Departmentof} ' i&;;;, secretar-iat,^HYderabad

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The^{Districtcollector, YadadriBhuvanagiriDistrict' Telangana state'}

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The Revenue^{DivisionalOfficer' Bhongir' Yadadri Bhuvarragiri District'} Telangana^State

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4 TheTahsildar,YadagiriguttaMandal,YadadriBhuvanagiriDistrict'Telangana State.

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5 lvl/s Madhuoala Credit Capitals^{Limited, Presently known as M/s I C S A'} ii'"ii'itt.ii'li6oln"qJ. offit"^{Plot No '12,Softwar6 Units Layout,} -Cybe1abg$' itydeiabad, Rep b! its Chairman^{and Managing DirectorGopu tsalaReddy} S/o lnna Reddy

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...RESPONDENTS

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Petition under Article 226 of lhe 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 particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in not issuing Notice Lr.No.tu729l2021 dated 0811212021 to the petitioner in regard to the compensation amount to be deposited with the Liquidator of the sth respondent for the land admeasuring Ac.27112 gts in Sy.No.232 at Peddakandukuru Village, Yadagirigutta Mandal, Yadadri Bhongir District as arbitrary, illegal and in violation of Articles 14,21 ayd 300-4 of the Constitution of lndia and consequently direct the respondents to follow due process of law in paying compensation to the petitioner in respect of his land admeasuring Ac.27112 gts in Sy.No.232 at Peddapalli Village, Yadagirigutta Mandal, Yadadri Bhongir District, .

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----

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IA NO 20F 2A2. Between:

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M/s Madhupal: t_rmited, Regd xep. by its Cha f#iifilit,["y,,:,*r#:i:ilii,,r :fd::B

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AND

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..PETITIONERS

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' {,itr!i,:Ei,J ig'"&iJ:gl}"I"ffi.,"1#j!- r1,,y,i,,.,u,s Ltd, R,o 8 3- fi i?;BI,li#i]:l:'R:,'##"^:iJ:;1yJEi16il:.?T,"!'.i'Ioii'1?:li:?"'n';,?

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e'in t su","ta ry, D,:-'pa'1men t or

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' I:i"tf:: s:]; iilt"?ft ,,5:l; f,Io^ "ip"

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The District Col ec;tor, yadadri Bhuvanagiri District, Telangi;na State.

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t +:ia,Tr"rlTueD visional officer, Bhongir, Yadadri Bh uva nalliri r)istrict,

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5 The Tahsildar. Y roagirigutta Mandar, yadadri Bhuvanagrri Dist.ct, Telangana

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..,RESPONDENTS

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Petition under section l5'1 cpc praying that in the circumstanr:es stated in the affidavit filed in support or the petition, the High court may be pleased to vacate the order dt. 12.01 .202. passed in the WP No. 1990 of 2022, bv dismissing the above writ petition in the ir terest of justice. ...

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Counsel for the Petitior er: SRI K.C.VENKAT REDDY

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Counsel for the Respon Jents Rl TO R4: GP FOR REVENUE

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Counsel for the Respon lent R5: SRl. K SAI KRISHNA MOHAN RAO

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/' lA NO: I OF 2022

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Petition under Sec or 151 CPC praying that in the crrcu m,;t,rncr;s stated in the affidavit filed in suppc.t of the petition, the High Court nray bt: 1:rleased to stay all further proceedings in ier Notice Lr.No.Al729l2021 dated 08-1?.-.:}.021 issued by the 4th respondent by co rsidering the representation of the petrtrriner dated 0701-2022 made to the resp rndents, pending disposal of the writ^petitirrn;

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counsellor the^Petitione {s):^{SRl. K sAl KRISHNAMoHAN RAc'}

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counseltor^{the Respont ettts R1 To R4: GP FOR REVENUE}

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Counsel^{for the Responr Lent R5: SRI K'C'VENKAT REDDY}

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The^{Courtmade the fotl' r^'ing: ORDER}

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THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.199O of 2022

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ORDER:

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Heard learned counsel for the petitioner, learned Government Pleader for Revenue appearing for respondent Nos. 1 to 4 and Sri K.C.Venkat Reddy, learned counsel for respondent No.5.

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The land to an extent of Ac.O-27 % guntas situated in Survey No.232 of Peddakandukuru Village of Yadagirigutta Mandal, Yadadri-Bhuvanagrri District, was acquired by respondent No.3 and an Award to that effect was passed on 28.01.2016 under the provisions of the National Highways Act, 1956 (for short, 'the Act, 1956'). The petitioner herein is ciaiming right and title over the said extent of land as well as the compensation awarded under Award, dated 28.OL2Ol6 so also respondent No.S herein is also making a claim for pa5rment of the said compensation. In view of the dispute pending between the petitioner and respondent No.5, respondent No.4 herein submitted a report to respondent No.3 stating as under:

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"Hence, I request the Revenue Divisional Ollicer and Land Acquisition Officer, Bhongir to pay the compensation to the Liquidator / under Liquidation Company i.e., I.C.S.A (INDIA) Limited, after giving opportunity to the Weldflux compalty represcntative who was filed a case before R.D.O Bhongir and

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r( spond :n in Special Tribunal. Because rf onc:' paiC the c()mpcn ation, cannot be backed."

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i]. J/hile the matter is pending beforc r-e:;ponoent No.3, petitioner ht re in approached this Court by fi)ing ttre prosent writ petition.

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'his Court while ordering notice before admission by an order, cial zd 12.01.2022 directed the respondents not to make payrnent of c,,rnpensation to respondent No.5 ;n whosr: favour the Award, dated 211.07.2076 was passed by respondent No.3. As the petitioner as 'rell as respondent No.5 are claiming fcr payment of compensation irnd there is a dispute with re11a rd to the entitlement tc receive the said compensation in ternrs rrf SubSection (4) of t ection 3-H of the Act, 1956, it is obli6,atory on the part of respon, lent No.3 to refer the matter to the^{PrirrcipalCivil} Court of oril inal^{jurisdictionwithin the limits ofwhose} jurisdiction the land is situated.^{In view of the same, respondent} No.3 is under^r bligation^{to refer the matter to the Prncipe-l Civil} Court concernc I^{and this Court in exerciseof jurisdir:tionunder} Article 226 of the^{Constitution of India, cannot clecide the} entitlementorlisentitlementofthepetitionerforllaymentof compensation ir^question.

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In the circumstances'^{the Writ Pctition is disposed of} directing^{respondent No'3 torefer the matterpertalningto} payment^{of compensation in respectof land to an extent of} Ac.O-27^{% guntassituated in SurveyNo'232of Peddakandukuru} Village^{of Yadagirigutta Mandal' Yadadri-Bhuvanagiri District' to} the^{principar civilCourtconcerned.of origina-ljunsdiction within} thelimitsofwhosejurisdiction,thesubjectlandissituatedin terms^{of Sub Section (4) of Section3-H of the Act' 1956' withina} period of^{four weeksfrom the date of receiptof a copy of this} order. The^{petitioner as well as respondentNo'4are entitled to} pursue their^{claims before the competent Civil Court once the} reference^{is made by respondentNo'3'}

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Miscellaneous^{Petitions, if any, pending in this writ petition} shall stand^{closed.Thereshall be no order as to costs'} ASSISTANT 'D/-N.SRIHARI^REGISTRAR

//TRUE COPY//

SECTION O ICER

To,

't. The Principal Secretary, Department of Revenue, Secretariat, State of Telangana, Hyderabad.

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The District Collector, Yadadri Bhuvanagiri District, Telangana State.

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The Revenue Divisional Officer, Bhongir, Yadadri Bhuvanagiri District, Telangana State

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The Tahsildar, Yadagirigutta Mandal, Yadadri Bhuvanagiri District, Telangana State.

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Gopu Bala Reddy S/o lnna Reddy, Chairman and Managing Director, M/s Madhupala Credit Capitals Limited, Presently known as M/s l.C.S.A. (lndia) Limited, Regd. Office Plot No.12, Software Units Layout, Cyberabad, Hyderabad.

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one cc to sRt. K sAt KRTSHNA MOHAN RAO AdvocatelopuCJ

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T one cc fo sR/. K.C.IENKAT REDDy Advocate tOpUCl

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" #;"?,?:i? B?,f,o* uuuUE, Hish court rot r tt me Sbb of Telangana,

^^ ^_

t---

HIGH COUR^'

MSKJ

DATED: 02,t1Ltr-022

E ST/\rE
..<br>t'll 2 $ [tt ?t[l I
.f

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ORDER

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WP.No.1990 of "4022

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WRIT PETITION I i DISPOSED OF WITHOUT C()ST

Weldflux India Limited v. The State of Telangana and 4 others

Case brief

What is this about?

What did the court decide?

Weldflux India Limited v. The State of Telangana and 4 others

Case brief

What is this about?

What did the court decide?

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