Disposed

Polasani Ammai v. The State of Telangana

Telangana HC6 Sept 2023WP/20373/2023

Case brief

AI extract

What is this about?

In a writ petition challenging an award passed in the name of a deceased landowner despite pending civil suits, the High Court quashed the payment process. It held that rival claims cannot be decided in a writ and directed the authority to deposit 50% of the compensation with the LA R&R Authority under the 2013 Act for adjudication.

What did the court decide?

Directed Respondent No. 3 to refer the matter to LA R&R Authority under Sec. 76 & 77 of the 2013 Act, deposit 50% of compensation, and pay the balance 50% to the petitioner within four weeks.

Polasani Ammai Vs The State of Telangana — Land Acquisition | Telangana HC (2023)

¶1

[^32s6 ]

¶2

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

¶3

WEDNESDAY,THE SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY THREE

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

¶6

WRIT PETITION NO: 20373 0F 2023

¶7

Between

¶8

P^olasani Ammai, Wo late Sathyanarayana @ Satyanarayana Rao. aoed 58 years, occupation . Agricutture,'R/o H.No. s-3-a, Ou5#piili,V,rnoe.thEil.,i Post, ^^{Ghanpur'Mandat.iayashanker eh Jpahpllty -Dir#t, "i"t;;t';r- 5i5i;} 506168

¶9

,..PETITIONER

¶10

AND

¶11

1 It_lp-t"-:l lglalgan,a,^{Revenue (Land Acquisition) Department, Tetangana} secretanat, Hyderabad, rep. by its principal Secretary

¶12

2 If-gpllgl 991f._tur,^{J-ayjrsh^anker BhupatapailyDistric Manjoor Nagar,} trnupatapaly, I etangana 506169

¶13

J The Revenue Divisional O.f!cgr, L Land Acquisition Officer, Bhupalapally, Jayashanker Bhupalapally District

¶14

4 Po-lusani^Malahal Rao, S/o Linga Rao, 38 years, Rio H.No. 9_59, Dubbaoallv Village, Chelpur Post, Ghanpulr Mandal, jayastranier Shrprlrfirlly Dili;i Telangana State 506 168.

¶15

...RESPONDENTS

¶16

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue any appropriate writ, order or direction one particurarry one in the nature writ of mandamus the action of the Respondents No. 2 and 3 in not depositing the Land Acquisition compensation amount, awarded in the name of the Petitioner's husband into the petitioner's HDFC s.B. Account No. s0100 53398 7105, Bhupalapally branch, IFSC Code HDFC 0009185, in spite of submitting the Representations on 19-07-2023 and 24-oz -2023 and in spite of dismissal of the suit o.s. No. 91g of 2019 filed by the 4th Respondent, by

¶17

¶18

judgment dated 30-09-2021, as arbitrary, illegal and violative of ,\rticles 14, 21 and 300-A of the Constitution of lndia and consequently direct^{the 2nd and 3rd} Respondents to deposit the Land Acquisition Compensation anlount^{into the} Petitioner's HDFC Savings Bank Account No. 50100 53398^{7105, Bhupalapally} branch, IFSC Code HDFC 0009185, forthwith.

¶19

lA NO: 1 OF 2023

¶20

Petition under Section 151 CPC^praying thatⁱⁿ the circum:ltances^stated in the affidavit filed in support of the^{petition,the High Court may be pleased to} direct the 2nd and 3rd Respondents to^{depositthe Land Acquisition} Compensation amount into the Petitioner's^{HDFCSavings Ban[':Account No.} 50100 53398 7105, Bhupalapally branch, IFSC^{Code HDFC 0009185'by} considering the Petitioners representations dated^{19-07 -2023 and )-4-07 -2023,in} the light of dismissal of the Suit O.S.^'No. 918 of^{201 Iby Judgmentdated} 30-09-2021 , pending disposal of the above writ^petition.

¶21

lA NO: 2 OF 2023

¶22

Petition under Section 151 CPC^praying thatⁱⁿ the^{circumstances stated} in the affidavit filed in support of the^petition, the High^{Court may be pleased to} receive the documents (1) The Copy of the Case Status^{lnformation of District} Courts, Jayashankar Bhupalapally, in respect of^{Appeal Suit in A S. No 69 of} 2021 , dated 06-01-2023 (2) The Memo Rc. No. JlA171212005,^{dated 01-08-2023,} issued by the Land Acquisrtion Officer and^{Revenue DivisionalOfficer,} Bhupalapally, as the Additional Material Papers,^{pending the above writ petition.}

¶23

Counsel for the Petitioner : SRl. ANDE RAVI KUMAR

¶24

Counsel for the Respondent Nos.1 to 3 : GP FOR LAND^ACQUISI'IION

¶25

Counsel for the Respondent No.4 : SRI AITHA PREM^SAI

¶26

The Court made the following: ORDER

¶27

¶28

THE HON'BLE SRI JUSTICE^{MUMMINENISUDHEER KUMAR} WRIT PETITI ON No.2O373 of2023

¶29

ORDER:

¶30

Heard learned counsel for the^{petilioner, learned} Government Pleader for^{Land Acquisition appearingfor} respondent Nos.l to 3 and^{Sri Aitha PremSai, learned counsel} appearing for respondent^No.4.

¶31

The dispute in this writ^{petition is in respect of payment} of compensation amount of^{Rs.34,37,6121- in' respect of the} property that was standing in the^{name ofPolasani} Saryanarayana @ Satyanarayana^{Rao, S/o.RamaRao, who is} the husband of the^{petitioner herein.The husbandof the} petitioner died on 14.01.2022.^{However,after death of the} husband of the^{petitioner,respondentNo.3 passed an award} vide proceedings No.G/204/2017, dated^{30.06.2023, rn tll-e} name of the deceased husband of^{the petitioner. Respondent} No.4 herein, whrt is also a relative^{of the petitioner's husband,} made a claim for^payment of compensation^{in respectof the} subject property by^placing reliance^{on certain documentssaid} to have been executed^{by the} village^{eldersand approachedthis} Court by {iling W.P.No.6934^of 2020.^{This Court, by an order} dated 20.05.2020, disposed of the^said writ^{petitiondirecting}

¶32

trrl

¶33

respondent No.3 to consider the rival clairns and tc, pass an award by duly affording an opportunity to the petitioner as well as respondent No.4. However, when the award, dated 30.06.2023, rvas passed, no enquiry appears to have been conducted by respondent No.3 and the award was pasr;ed in the name ofthe deceased husband ofthe petitioner herein.

¶34

Respondent No.4 herein filed O.S.No.918 of 2O I 9 on the file of the II Additional Senior Civil Judge at Warangal claiming to be the adopted son of the petitioner,s husband seeking partition by allotting half of the share of the suit schedule property to him. By judgment dated 30.O6.202 1, the said suit was dismissed. As the said amount covered by th,: Award, dated 30.O6.2O23, is not paid to the petitioner, the petitioner approached this Court by filing the present writ petition contending that the c.laim made by respondent No.4 in O.S.No.918 of 2Ol9 was already dismissed by judgment dated 3O.O9.2O21 and therefore, there is no claim that can be entertained at the instance of respondent No.4.

¶35

Respondent No.4 filed counter afhdavit stating that as against the decree, dated 3O.09.2O2 1, passed in O.S.No.9lg of 2019, he has preferred an appeal in A.S.No.69 of 202 I on the

i!a::-

,it

,r'

hle of the Court of the Principal District Judge at Jayashankar Bhupalpally and the said appeal was allowed by judgment dated 06.01.2023 by duly remanding the matter back to the trial Court for consideration afresh. From the perusal of the material on record, it is evident that the claim of respondent No.4 is only for 5O%o of the compensation and petitioner is entitled for balance 507o admittedly being widow of the Awardee.

¶42

In the light of the above, the claim of respondent No.4 is hnally not decided by the civil Court as claimed by the petitioner herein and the same is now pending for consideration in O.S.No.918 of 2Ol9 on remand.

¶43

Be that as it may, the rival claims made by the petitioner herein as well as respondent No.4 in respect of 5O% compensation covered by the award dated 30.06.2023 cannot be decided by this Court in a writ petition in exercise of jurisdiction under Article 226 of the Constitution of India. Respondent No.3, having been aware of the rival claims that are pending between the petitioner herein and respondent No.4 for payment of compensation, in all probabilities, ought to have referred the matter to the Land Acquisition, Rehabilitation and Resettlement (LA R&R) Authorit5r under Sections 76 and 7Z of

¶44

:',.atJ: r'i I

¶45

¶46

the Right to Fair Compensation and^Transparency in^Land Acquisition, Rehabilitation and Resettlement Act,^{2 O} 13^(for short, 'the Act, 2013') by depositing the^{disputed comf)ensation} amount awarded in respect of the subject^{propertybefore the} said authori[2. But, for the reasons^{best known, respondent} No.3 failed to resort to such^procedure and^erred in^{passing the} award in the name of a dead^person.

¶47

7 . In the circumstances, this Court is of the consid:red^view that it is a fit case for referring the matter to the^{LA R&R} Authority under Sections 76 and 77 of^{th'e Act, 20 13 for} adjudicating rival claims in respect of^{disputedcompensation.}

¶48

Accordingly, the writ petition is disposed of^directing respondent No.3 to forthwith take^{steps for referring the matter} to LA R&R Authority under Sections⁷⁶ and^{77 of the AcL,} 2Ol3 by duly depositing 50%^{of Rs.34,37,612/-withirL a period} of four weeks from the date of^{receipt of a copy of this order'On} such reference being made by^{respondent No.3, the LA R&R} Authority is requested to dispose^{of the matteras expeditiously} as possible at any rate within^{a period} of four months^from the date of receipt of reference from respondent No.3 by duly putting all the parties concerned on notice in accorditnce with

.::;:'
'lt

law. Respondent No.3 is further directed to pay the balance 50% of Rs.34,37,672/- to the petitioner herein within a period of four weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

¶54

Miscellaneous petitions, if any, pending in this writ

¶55

petition shall stand closed.

¶56

//TRUE COPY//

¶57

Ass:3/ilffil8i5iXtil C'1t2

¶58

SECTION OFFICER

¶59

To,

¶60

1 The Principal Secretary, Revenue (Land Acquisition) Department, State of Telangana, Telangana Secretariat, Hyderabad,

¶61

2 The District Collector, Jayashankdr Bhupalapally Distric IVIanjoor Nagar, Bhupalapally, Telangana 506'1 69

¶62

3 The ReVenue Divisional Officer, Land Acquisition Officer, Bhupalapally, Jayashanker Bhupalapally District

¶63

4 One CC to SRl. ANDE RAVI KUMAR, Advocate.[OpUC] Two CCs to GP FOR LAND ACQUISIT|ON,High Court for the State of Telangana at Hyderabad. [OUT]

¶64

b. One CC to SRI AITHA PREM SAl, Advocate.[OPUC]

¶65

Two CD Copies

HIGH COURT

DATED;06 tOgt2O2S

ORDER

q1
c .(. .,
.s 'il
r il
:.!,<br>!',L
Ii- <br>.1- <br>. M -:--.-j:;/ . ".,'.,.

¶71

WP.No.203t3 of 2023

¶72

f,,i?rrsiT 3 35#. wR I r P E fl fl o N

¶73

<br>

Polasani Ammai v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Polasani Ammai v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shaik Jakeer Hussain Vs The State of Telangana

Smt. Nenavath Kishti Vs The State of Telangana

Mehmood bin Mohammed Vs State of Telangana

Kondakalia Yadi Reddy Vs Smt.Bollampally Venkatamma

Bollampally Srikar Reddy Vs Smt.Bollampally Venkatamma

Bollampally Srikar Reddy Vs Smt.Bollampally Venkatamma (died per L.Rs. i.e. proposed plaintiff No.2 )