Disposed

Akula Ganesh and another v. The State of Telangana and 4 others

Telangana HC21 Dec 2022WP/5570/2022

Case brief

AI extract

What is this about?

Writ petition challenged final notification for land acquisition in Survey No. 146 for not mentioning specific land extents. The court disposed of the petition, permitting petitioners to raise objections and claim compensation within 4 weeks.

What did the court decide?

Petition disposed permitting petitioners to raise objections and claim compensation within 4 weeks of receipt of copy of this order.

Akula Ganesh and another Vs The State of Telangana and 4… — Land Acquisition | Telangana HC (2022)

¶1

[^32s6 ]

¶2

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶3

(Special Original Jurisdiction)

¶4

WEDNESDAY, THE TWENTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO

¶5

:PRESENT:

¶6

THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO: 5570 OF 2022

¶7

Between:

¶8

Akula Ganesh, s/o Late A.Dharmaiah, aged about 5'l years, occ. Business, r/o H.No. 1-63 Swamulavari Lingotam, Choutuppal Mandal, Nalgonda District.

¶9

Smt.Pati Neetha Reddy, w/o P.Mahender Reddy, aged about 50 years, occ. Housewife, r/o H.No. 1-7-1046121 , SRT Colony, Near Ram Nagar, Azamabad, lndustrial Area, Hyd.

¶10

... Petitioners

¶11

AND

¶12

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

¶13

The District Collector, Yadadri Bhuvanagiri District, Yadadri Bhuvanagiri.

¶14

The Additional Collector, Yadadri Bhuvanagiri District, Yadadri Bhuvanagiri. 4. The Land Acquisition Officer-cum-Revenue Divisional Officer, Bhuvanagiri Yadadri Bhuvangiri District .

¶15

The Tahsildar, Yadagirigutta Mandal, Yadadri Bhuvanagiri District.

¶16

...Respondents

¶17

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 appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent authorities in issuing the Final Notification bearing Dist. Collector File No.G1229112021 and RDO File No. 8.134112021 dl. 25-9-2021 for acquisition of the land in Sy.No. 146 admeasurlng Ac.62.38 gts., situated at Yadagiripally village, Yadagirigutta Mandal, Yadadri Bhuvanagiri District, without mentioning the extent of lands individually proposed for acquisition and without affording reasonable opportunity of being heard, as being illegal, arbitrary, unjust, unconstitutional and violative of Articles 21 and 300-4 of the Constitution of India and consequently set aside the same by directing the respondent authorities to issue fresh notification duly mentioning the actual extents of land belonging to the petitioners affected in the said acquisition.

¶18

lA NO: 1 OF 2022

¶19

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 suspend the impugned Final Notification bearing Dist. Collector File No.G1229112021 and RDO File No. 8.134112021 dt. 25-9-2021 issued by the Respondent Nos.2 to 4 herein in so far as the lands in Sy.No. 146 situated at Yadagiripalli village, Yadagirigutta Mandal, Yadadri Bhuvanagiri District are concerned.

¶20

Counsel for the Petitioner: SRl. K SHRTKANTH REDDY Counsel for the Respr,ndent No.1 to 5: AGP FOR LAND ACQLIISITION

¶21

The Court made the f< llowing: ORDER

¶22

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.557O of 2o22

¶23

ORDER:

¶24

Heard learned counsel for the petitioners and learned Assistant Government Pleader for Land Acquisition.

¶25

This writ petition is hled seeking a writ of mandamus to declare the action of the respondents in issuing the declaration published under Section 19 (1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 vide District Collector File No.G/229112021, and RDO File No.B/34112O2r, Cated 25.09.2021, for acquiring the land in Survey No. 146 admeasuring Acs.62.38 guntas situated at Yadagiripally Village, Yadagirigutta Mandal, Yadadri Bhongir District, belonging to various persons, including the petitioners herein, as illegal and arbitrary.

¶26

A perusal of the impugned declaration shows that the names of the petitioners herein are notified at Serial Nos.23 and 24 of the impugned deciaration, but the extents of lands that is sought to be acquired from the petitioners is not mentioned.

¶27

¶28

However, learned Assistant Government Pleader for: Land Acquisition sub nitted that land to an extent of Acs.1)..)0 quntas each is sought to be acquired from the petitioners, totally admeasuring A< s.5.00, and the award enquiry is unCr:r process and the petitic ners are cntitled to participate in the award enquiry proceer lings and raise their objections wit]-r regard to compensation l,efore respondent No.4 - the Land Acqr,risition Ofhcer anci in case, if such objections are rais;erl by the petitioners, the same would be taken into consirleratlon by respondent No.4 and appropriate orders w'ill be pa.ssecl. It is further submitt :d that unless and until an award is p;essed and compensation i ; paid, the petitioners would not be dispossessed from the lands^, ru'ned by them.

¶29

In the far:ts and circumstances, there is no r.t:r:essitlr for this Court to gr deep into the matter, at this state, e.r-rd it would be suffice to pe rmit the petitioners to raise their objec:tions and to participate ir the award enquiry.

¶30

In view rf the same, the writ petition is drspc,sed of permitting the retitioners to raise all their objcction s an(l claim cdmpensation i r respect of the iand that is being clairned by the petitioners witf in a period of ,(3,o weeks from the datc of receipt

¶31

¶32

¶33

of a copy of this order and on raising such objections by the petitioners, respondent No.4 shall consider the same and pass appropriate award, in accordance with law. Till appropriate award is passed and compensation is deposited, the respondents shall not interfere with the possession of the petitioners over the land being claimed by them in Survey No.146 situated at Yadagiripally Village, Yadagirigutta Mandal, Yadadri Bhongir District. There shall be no order as to costs.

¶34

Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.

¶35

SD/- P. ISHANKER ASSISTA T GISTRAR

//TRUE COPYII

sEc oF FICER

To,

'1 . The Principal Secretary, Revenue (LA) Department, State of Telangana, Secretariat, Hyderabad.

¶41

The District Collector, Yadadri Bhuvanagiri District, Yadadri Bhuvanagiri.

¶42

The Additional Collector, Yadadri Bhuvanagiri District, Yadadri Bhuvanagiri.

¶43

The Land Acquisition Officer-cum-Revenue Divisional Officer, Bhuvanagiri Yadadri Bhuvangiri District .

¶44

The Tahsildar, Yadagirigutta Mandal, Yadadri Bhuvanagiri District.

¶45

One CC to SRl. K SHRIKANTH Advocate [OPUC]

¶46

Two CCs to GP FOR LAND ACQUISITION (TG), High Court forthe State^of Telangana. [OUT]

¶47

Two CD Copies

HIGH COURT

MSK.J

DATED:.211121202t1

( 7
$

ORDER

WP.No.5570 ol 20:22

WRIT PETITION IS DII ;POSED OF WITHOUT COST

Akula Ganesh and another v. The State of Telangana and 4 others

Case brief

What is this about?

What did the court decide?

Akula Ganesh and another 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

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

JarupulaVenkanna, S/o. Ramulu Vs The State of Telangana

Kayam Abbaiah Vs The State of Telangana

Smt Sattenapalli.Padma Vs The State of Telangana

Gogula Padma Vs The State of Telangana

Dr. Shahed Ali Khan Vs The State of Telangana and 2 others

Sri Veerannagari Gautham Reddy and 3 Others Vs The State of Telangana and 6 Others