Disposed

Smt Moole Devamma v. State of Telangana

Telangana HC24 Apr 2023WP/1026/2023

Case brief

AI extract

What is this about?

In a writ petition challenging the inaction regarding compensation, the High Court noted a pending partition suit before the Civil Court involving the disputed land and directed the Revenue Officer to refer the compensation claim to the LA R&R Authority for adjudication under Section 64.

What did the court decide?

Direction to the third respondent to refer the matter to the LA R&R Authority under Section 64 of the Act, 2013 after passing the Award.

Smt Moole Devamma Vs State of Telangana — Land Acquisition | Telangana HC (2023)

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[³²⁵⁶ ]

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

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IVIONDAY ,THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE MUMMINEN] SUOHEER KUMAR

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WRIT PETITION NO: 1026 OF 2023

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Between:

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Smt Moole Devamma, Wo. Moole Balakistaiah, Age 55 years, Occ. Agriculture, R/o. Kudikilla Village, Kollapur Mandal, Nagarkurnool District.

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._.PETTT|ONER

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AND

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'1. State of Telangana, Revenue (Land Acquisition) Department, Secretariat, Hyderabad, Rep. by its Principal Secretary

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2- The Diskict Collector, Nagarkurnool District.

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The Special Deputy Collector, Land Acquisition Officer Cum Revenue Divisional Officer, Kalwakurthy, Nagarkurnool District.

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The Tahsildhar, Peddakothapally Mandal, Nagarkurnool District.

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Sri Thalari Buggaram Kurmaiah, S/o. Late Harijan Kistaiah at Thalari Chinna Kistaiah, Age. 50, Occ. Agriculture, R/o. Kudikilla Village, Kollapur Mandal, Nagarkurnool District

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...RES'.NDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavil filed therewith, the High Court may be pleased to issue appropriate Writ. order or direction more particularly one in nature of WRIT OF MANDAMUS declaring the inaction of the 3rd Respondent in not considering the representation dated 15-07 -2022 of the Petitioner objecting the payment of compensation to the 5th Respondent in respect of the land in Survey No.55lBN2 an extent of Acre 1-37 gts of Thirnampally Village, Peddakothapally Mandal, Nagarkurnool District as illegal, arbitrary, unjust and contrary to the provisions of the said the Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act,²⁰¹³ and violation of the Article 14 and 300-4 of the Constitution^{of the lndia and also} against the Principles of natural^justice. Consequently, direct^{the 2nd and 3rd} Respondents to stop the payment of compensation to the Sth^Respondentin respect of the subject Land in Survey No.55/BAl2 an extent^{of Acre 1-37 gts of}

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Thirnampally Village, Peddakothapally^{Mandal, NagarkurnoolDistrictin} pursuance to the award No.B/1 095/2021 dated 23-11-2022

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IA NO: 1 OF 2023

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Petitron under Section 15'1 CPC praying that in the circumstances stated in the affidavit filedⁱⁿ support^of the^petition, the High Court may be^pleased to direct the 2nd and^{3rd Respondents to} stop the^payment of compensation to the 5th Respondent in respect of the subject Land in Survey No.55/BAl2 an extent of Acre 1-37^gts of Thirnampally Village, Peddakothapalty Mandal, Nagarkurnool District in^pursuance to the award No.B/1095/2021 dated 23-11-2022

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Counsel for the Petitioner: SRl. N. BHUJANGA RAO

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Counsel for the Respondents No.1&3: cP FOR LAND ACQUISITION

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Counsel for the Respondents No.2&4: GP FOR REVENUE

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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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THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

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WRIT PETITION NO.1026 OF 2023

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ORDER:

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The issue that arises for consideration in this Writ Petition is entitlement for receipt of compensation in respect of the land admeasuring Ac. 1.35 gts situated in Survey No.55/8A/ 2 of Thirnampally Village, Peddakothapally Mandal, Nagarkurnool District, which is sought to be acquired by the respondents by issuing a preliminary notilication under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2O l3 ("the Act, 2013" for brevity) vide proceedings No.G/126412O2t, dated 19.08.2021, and covered by declaration made under Section 19(1) of the Act, 2013 vide proceedings No.G I n6a I 2O2 1, dated O3.O4.2O22.

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Today, when the matter is taken up for consideration, learned Government Pleader for Land Acquisition placed before this Court the written instructions received from the third respondent and a perusal of the same shows that a suit in O.S.No.242 of 2022 is pending in respect of the subject property on the file of the Court of the Junior Civil Judge, Kollapur and the third respondent has already decided to refer the matter

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MS!(,J w.P.NO.1025^()F 2023

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under Section 64 of the Act,2Ol3 for ad.iudication of the claim of the pet-itioner as well as the iifth respcndent and lhe relevant portion from the written instructions reads as under:-

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'As per the computerized Pahani for the year 2018 Sri Talari Buggam Kurmaiah S/o Chinna Kishtaiah.is a pattadar of Sy.No.55/8A/2 Ext.Ac.1.37 gts. One Smt.Moole Devamma W/ o.Balakistaiah R/o. Kr.rdikilla Village, the blood sister of the pattadar has hled a suit in O.S.No.242 ot 2022 bctore the Flonble Junior Civil Judge Court, Kollapur seeking paltition of the land and also filed a petition in IA.No.484l22 ior ier-nporary stay for not to alienate the Govt.land till the disposal ol the suit. In view of the above dispute, the case is ordered to refer to the Presiding Officer, LA R&R Authority U/Sec.64 of the LA R&R Act. After rcceiving of permission from the District Collector, Nagarkurnool the proposals are to be submitted to the Presiding Officer, LA R&R A.uthority, Hyderabad under Section 64 of the LA R&R Act, 2013."

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In the light of the ab.rve, no further adj udication need be undertaken in this Writ Petition and accordingly, t-he Writ Petition is disposed of directing the third respondent to take appropriate steps for referring the mattcr to the authority under Section 64 of the Act, 20 13 after passing^'ol' the Award in the matter.

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There shall be no order as to costs. Miscellaneous applications, if any, pending shall stand closed.

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SD/-N. SRIHARI ASSISTANT REGISTRAR //TRUE COPY//

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SEC OFFICER

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To, '1 . The Principal SecretaryRevenue (Land Acquisition) Department, Secretariat, Hyderabad

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The District Collector, Nagarkurnool District.

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The Special Deputy Collector, Land Acquisition Officer Cum Revenue Divisional Officer, Kalwakurthy, Nagarkurnool District.

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4 The Tahsildhar, Peddakothapally firandal, Nagarkurnool District

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Two CCs to GP FOR LAND ACQU|S|TION ,liigh Couit for the State of Telangana,at Hyderabad [OUT]

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Two CCs to GP FOR REVENUE ,High Court for the State of Telangana,at HyderabadIOUT]

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One CC to SRl. N. BHUJANGA RAO, Advocate TOPUCI

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Two CD Copies

BIV

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HIGH COURT

DATED:2410412023

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ORDER

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WP.No.1026 of 2023

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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oosN

Smt Moole Devamma v. State of Telangana

Case brief

What is this about?

What did the court decide?

Smt Moole Devamma v. State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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