Disposed

Sri GajulaBhakar v. The State of Telangana

Telangana HC24 Jul 2023WP/19526/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging alleged illegal interference with petitioners' agricultural land by irrigation and revenue authorities. The Court directed the respondents to consider the pettioners' specific representation regarding the issue within three weeks and to refrain from coercive steps in the interim.

What did the court decide?

Respondents directed to consider petitioners' representation dated 10.07.2023 within three weeks and not to take coercive steps against them.

Sri GajulaBhakar Vs The State of Telangana — Land Acquisition | Telangana HC (2023)

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I II I

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I32s2l

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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MONDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION NO: 19526 OF 2023

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Between:

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Sri GajulaBhakar, S/o. Veeranna, Aged 43^years, Occ Agriculture, Guntipalli (Village), ShettyAtmakur (PO), Gadwat (Mandal), Jogulamba Gadwal (District) -509125

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Gajula Krishna Sagar, S/o. Veeranna, Aged 4'1^years, Occ^Agriculture, Guhtipalli (Village), Shetty Atmakur^(PO), Gadwal^{(lMandal),Jogulamba} Gadwal (District) - 509125

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...PETITIONERS

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AND

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1 The State of Telangana, Rep. by its Principal Secretary,^{Revenue Department} (Land Acquisition), Secretariat, Hyderabad.

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2 The District Collector, Gadwal, JogulambaGadwal^District.

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J The Executive Engineer, lrrigation^(l and CAD)^{Department,Sub Division} No.1, Gadwal, JogulambaGadwal District.

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4 The Special Deputy Collector, PriyadarshiniJ^{u rala Project, Gadwal,} JogulambaGadwal Dtstrict.

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R The Assistant Commissioner, Endowment^{Department, GadwalDivision,} Mahabubnagar, Mahabubnagar^District.

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t) K. Manneswamy, S/o. ChinnaSavaranna,^{Aged45 years, Occ Agriculture,} Wo. K. Radha, Sarpanch, Guntipally Village, ShettiAtmakur^{(PO), Gadwal} (Mandal), JogulambaGadwal(District).

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...RESPONDENTS

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Petition under A(icle 226 ol the^{Constitutionof lndia praying that in the} circumstances stated in the^{affidavitfiled therewith,the High Court maybe} pleased to issue writ or Direction more^{particularlyone in the natureof writ of} iVtandamus declaring the actin of^{the Respondents 3 to 6 in interfering the} peaceful possession and enjoyment of the Petitioner^{Patta Land total extent of} Ac.3-20 Gts., i.e., Agriculture Property^{of the 1st PetitionerLandadmeasuring} Ac.l-30 Gts., in Sy.Nos.119t7 and^{11911tst1the Agricultural Propertyof the 2nd} Petitioner Land admeasuring^{Ac.1-30Gts., in Sy.Nos 119/8 and119111611}

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situated at Rekulapally (V) Gad,,va (l.,/). JogulambaGadwal Drstrict as rllegal arbilrary and rn vrolation of the prrncrples of natural^justrce and agatnst the provision of LARR Ar:,t. 2013 and 300-A of the Constitutron of lndia and settled principles of law consequently drrect the Respondents not t. interfere with Petitioners peaceful possession ancl enloyment of the subject property without initiating the proceedrngs under LhRlt Act, 2013.

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lA NO: 1 OF 2023

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Petition under Section^'l 51 CPC praytng that in the ctrcumstances^stated in the affidavit filed in support of the petition, the High Court^{may be pleasedto} direct the Respondents not to rnterfere with the^{peaceful possession and} enjoyment of agricullure property total extent of Ac.3-20 Gts^{i.e.. the Petitioner} No 1 the land admeasuring Ac. 1 30 Gts., in Sy.Nos..1 19/7 &^{11gl1l5l1 and the} Petitioner No.2 the land admeasulnq Ac^'1-30 Gts., in Sy.Nos^{1 19/8& 1 19/11611} situated at Rekulapally (V), Gadrval^(M), JogulambaGadwal^{Drstrict,pending} disposal of the main Writ Petition

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Counsel for the Petitioner: SRI D. RAJASEKHAR

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Counsel for the Respondent No.1. 2 & 4: ASST. GP FOR LAND^ACQUISITION

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Counsel for the Respondent No.3: GP FOR IRRIGATION AND CAD

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Counsel for the Respondent No.S: GP FOR ENDOWMENT

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Counsel for the Respondent No.6: -^{- - -}

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The Court made the following: ORDER

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HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.19526 OF 2023

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ORDER

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Heard learned counsel for the petitioners, learned Assistant Government Pleader for Land Acquisition appearing for respondent Nos.l, 2 and 4, learned Government Pleader for frrigation and Command Area Development appearing for respondent No,3 and learned Government Pleader for Endowment appearing for respondent No.5.

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2. The petitioners approached the Court seeking the prayer as follows:

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"To issue Writ or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents 3 to 6 in interfering the^peaceful possessiorl and enjoyment of the Petitioner Patta Land total extent of Ac. 3-20 Gts., i.e.. Agriculture Property of the 1'r Petitioner Land admeasuring Ac. 1-30 Gts. in Sy- Nos. 1,19/7 &. ll9/1/5/L Lhe Agricultural Property of the 2nd Petitioner Land admeasuring Ac. 1-:10 Gts. in Sy. lJos. 119/B & ll9/L/6/L situated at Rekulapally (V), Gadwai^(M) JogulambaGadwal District as illegal, arbitrary and in violation of Ihe^principles of natural^justice and against the^provision of LARR Act,²⁰¹³ and 300-A of the Constitution ol'^{India and settled principles} oF

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law consequently d i-ect the Respondents not to interfere with petit oners peaceful possession and enjoyment of the subject property without initiating the proceedings Lrnder LARR Act, 2013 and pass such order or orde-s as thrs Hon,ble Court may deem fit and proper rn the circumstances of the ca se. "

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The specific grievance of the petitioners is that the Irrigation Department is illegally trying to dig a canal through their patta land in Survey No.1l.9 situated at Rekulapally village, Gadmal Mandal, Jogulanrba Gadwal District and in spite of the petitioners. representations dated 10.07.2023 to the respondent Nos.2,3 and 5 requesting the said authorities to take action and to stop the digging activities due to which there will be loss of crop and also property of the petitioners, since the petitioners had planted palm oil plants (crop) in Acres 4.00 gts of land with drip system with the help of Government and even protected the same with fencing, the Irrigation and Revenue authorities are illegally interfering with the petitioners'subject property without following due process of law, and petitioners representation dated 10.07.2023 is not being cr:nsidered by respondents 2, 3 and 5. Hence, the present writ petition.

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It is represented by the learned Assistant Government Pleader for Land Acquisition that the Writ Petition could be disposed of directing the respondent Nos.2, 3 and 5 to consider the representation dated 1O.O7.2023 of the petitioners in accordance with law and pass appropriate orders within a reasonable period,

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Bringing the said submission on record, the Writ Petition is disposed of directing the respondent Nos.2, 3 and 5 to consider the petitioners' representation dated L0.07.2023, in accordance to law and pass appropriate orders within a period of three (03) weeks from the date of receipt oF a copy of this order. Till the decision is taken on the petitioners' representation dated L0.07.2023, the respondent Nos.2, 3 and 5 are directed not to take any coercive steps against the petitioners. However, there shall be no brder as to costs.

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Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.

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sD/-A.v.s.^pn/sao ASSISTANT^REGIStrRAR //rRUE coPY/' .EcrtoN oErrcen

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To,

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The District^{Collector, Gadwal, JogulambaGadwalDistrict} i i'ti" EilCriive Engineer,-lriig;tion"(l^{ano cAD) Department SubDivision} - Uo.f , CrOal, JoiulambaGadwal District - 3 The Assistant^{CommrssrJrieilingffi"ntDepartment' Gadwal Division'} " rr,ii-n"urugar, Mahabubnagar District'

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4 One CC to SRI r) RAJASEKtIAtI Advocate [OPUC] 5 Two CCs to GP FOR LAND A(l(lUlSlTlON. High Court for the State of Telanga na [OU t]

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6 Two CCs to GP FOR ,RRIGAI ION & CAD, High Court for the State of Telangana [OUT]

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7 Two CCs to GP FOR ENDOWMENI High Court for the State of Telangana lourl

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8 Two CD Copres BN LS ^i'

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HIGH COURT

DATED:2410712023

ORDER

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- :i 1,1t. '' Ct. /(.
',j 1 i\]t' 2[ts rl

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WP.No.19526 of 2023

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DISPOSING OF THE WRIT PETITION WTHOUT COSTS

Sri GajulaBhakar v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Sri GajulaBhakar v. The State of Telangana

Case brief

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What did the court decide?

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