Allowed

Maremreddy Prathap Reddy and 12 others v. The State of Telanana and 4 others

Telangana HC6 Jul 2023WP/26950/2019

Case brief

AI extract

What is this about?

Writ petition challenging respondent inaction in referring Land Acquisition Award under Section 18 of the LA Act, 1894. Court ordered District Collector to initiate action within three weeks to refer liable petitions to the Civil Court based on preceding Revenue Divisional Officer directions.

What did the court decide?

District Collector directed to initiate action within three weeks to refer Section 18 petitions liable for reference to the concerned Court.

Maremreddy Prathap Reddy and 12 others Vs The State of… — Property and Title | Telangana HC (2023)

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132521

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

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THURSDAY, THE SIXTH 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: 26950 oF 2019

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Between:

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Maremreddy_ .PlaJhap Reddy, S/o Arogya Reddy, aged 53 years, Occ_ Agriculture, Ryo Mattampalli village and mandal, Nal-onqd-a district.'

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Maremreddy_ Shouri Reddy, S/o Arogya Reddy, 5ged 44 years, Occ_ Agriculture, R/o lvlattampalli village and mandal, Najonqda diskict.

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Jala kondaiah, S/o t\4attaiah,^-aged - 64 years, bcc- Agriculture, R/o Mattampalli village and mandal, Naionqda distri-ct.

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kasani Yellaiah, S/o Latchaiah, aged- ZO years, Occ- Agriculture, R/o _^{Mattampalli village and mandal, Nalongdadjstriat.}

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Devarasetti lndradevi, W/o Veerakantasiah Gupta, aged 55 years. Occ_ Agriculture, Fyo Mattampalli village and mandal. Nelonqd; district.'

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B.oyapati lnna..Reddy, S/o Showii Reddy age 68 yearJ, - Occ- Agriculture, R/o Maftampalli village and mandal, Nalongda district.

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Yallapudasu Ramulamma, W/o. Lingaiah, aged - 70 years, Occ- Agriculture, Ryo Mattampalli village and mandat, Nalongda district.-

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Tavidaboina Mataiah, S/o Muthaiah, aged 62 years, Occ- Agriculture, R/o Mattampalli village and mandal, Nalongda district.

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thinthala Venkanna, S/o Venkataiah, aged 54 years, Occ- Agriculture, R/o Mattampalli village and mandal, Nalongda Oistrict.

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Jala Guruvaiah, S/o Yellaiah, aged- 62 years, Occ- Agriculture, R/o .^{Mattampalli village and mandal, Nalongda district.}

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1 1. Ctaganti .Laxmaiah, S/o Gopaiah aged 65 years, Occ- Agriculture, Ryo -^{Mattampalli village and mandal, Nalongdadistriit.} -

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T.. Narsaiah, S/o Ramaulu, ?ged- 44 y:ears, Occ- Agriculture, R/o Mattampalli village and mandal, Nalongda district.

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13.!9nLem Srinivas. Reddy, S/o Ram Reddy, aged- 54 years, Occ- Agriculture, Fl/o Mattampalli village and mandal, Nalorigdtdiskict.^'

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.,.PETITIONERS

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AND

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The State of Telangan_a, r_ep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Saifabad, Hyderabad

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The Diskict Collector, Nalgonda.

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The District Collector, Suryapet.

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The Revenue Divisional Officer/LAO. [\iliryalguda.

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The Revenue Divisional Officer, Kodad.

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...RESPONDENTS

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PetitiOn Lrrr er Article 226 of the Constitution o India f,.zrying that in the circumstances st. .eC in the affidavit filed therewith, the ll r. h Oourt may be pleased to issue: VVrit, Order or direction more particrlarly, trre in the nature of Writ of lr4andanlus clec aring the inaction of the respondents; n refernng the land acquisition award 'lo. El3187l2O1O dated -9-2013, on the file (f^,tth respondent for enhancement to t e crvil court u/s 18 of L.A. Act upon ihe e rpli rations of the petitioners dated 1 ;'- 10-2013 as lllegal, arbrtrary, unjust and vi tl; tive of Art. 14, 21 and 300-4 of thr: Constitution of lndia consequently lirect t" -. rospondents to consider the apl)lr( aI ons of the petitioners dated 17- 10.201a\ o re[,:rring the L.A. Award proceedingr: ltlo. E11318712010 daled -09-2013 u/s^'18 rf lhe t-.A. Act, 1894 for enhancerlert € lr(l payment of compensation in respect of c(:titioners acquired land, situated at Vlattampalli village and mandal, lr algonrla dis trict (present Suryapet dist. ).

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lA NO: 1 OF 2019

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Petition und rr Section 151 CPC praying that in tl^e cirr:r rnrstances stated in the affidavit filed in support of the petition, the High Court may rer pleased to direct the respondents tr: cr:nsider the notice dated^'14-1 1-201 I issue(l on behalf of the petitioners for nax r1; reference of the Land Acquisitior Awarc to tre civil court, pending disposal o \r'/. P.

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Counsel for the Pe litioners: SRI LOKIREV PREETHAM REDDY Counsel for the Re s6rondents: GP FOR LAND ACQUISITION

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The Court made th 3 t'ollowing: ORDER

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HON'BLE MRS JUSTICE SUREPALLI NANDA W RIT PETITION No.25950 0F 2019

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ORDER

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Heard learned counsel for the petitioners and Iearned Government Pleader for Land Acquisition appearing for respondents.

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

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"To issue a Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in rel'erring the land acquisition award No.E/3187/2010 dated 09.2013 on the file of 4th respondent for enhancement to the civil court u/s 1B of L A Act upon the applications of the petitioners dated 17.10.2013 as illegal arbitrary unjust and violative of Art 14, 2l and 300A of the Constitution of India consequently direct the respondents to consider the applications of the petitioners dated 17.10.2013 for referring the L A Award proceedings No.E1l3187 lzltl dated 09.2013 u/s 18 of the L A Act 1.894 for enhancement and payment of compensation in respect of petitioners acquired land situated at Mattampalli village and mandal, Nalgonda district (present Suryapet district) and pass such other order or orders may deem fit and proper in the circumstances of the r-ase."

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J,t

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A ba "e perusal of the contents of th€r letter No.E1,/318',7 tt2O1O, dated O7.10.2O15 of tll(:r Revenue Divisional )fficer Miryalaguda addresst:d to tne District Collector F a lgonda, filed as Material [,ocurn(:nt by^the petitioners irr support of the present Writ Pt:tition reads as under

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T re above petitions received with .r re(luest to refer t re case u/s 1B of Land Acquisition r:t to the Civil C.o u rt for fixation of the Fair marl(et v3l-t13 and on veri'i(l :t on of the petitrons were re(:eivec witlrin (06) week:: of stipulated time in this office On 're:rifir:ation of the s. d petitions, it is noticed that the tfen Revnue Divi;i: rral Officer Miryalaguda has aflixed h s s^gnature on oTr . petition only which was date stantt, af"ixed on 17.1C ,2013 and the Section Asst has circular.ed the said filed r: \ 02.722.2014 i.e., after lapse of (13 | n',onths, I have r n lorsed on the note file, .but tlre sail file has not again .:ir-culated. During the verificatir)n of^p:ncing files pertair rs to Land Acquisition under C ld Act, th s file is t ra ced out. As^per the instructions of the Jrirt^(lollector Nalgor da in Video Conference that a I the Land Acq ui: tion pending file should be r;on'rpleted by 26.9 .2 il.!5 as the Land Acquisition Act 1B9z i: re going to be lap ;ed.

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have called for the explanaticr of Section Assisti nt & Record Keeper (In ward Clerk) ft: r the delay

5N.J

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in processing the file, after receipt of explanation, I will submit remarks.

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Hence, f am submitting herewath the details of the above (37) petitions with a request to accord permission to the cases of Sl.Nos.1, 2,4,5, 6,7 LO tLLt L2, L3, L4, L6, t7 ,L8, 34,35 ,36,37, 38, 39, 40 to refer to the Civi! Court u/s 18 of the Land Acquisition Act, 1894 and the cases mentioned at Sl.Nos,3, 8,9, 15, 19, 20 ,2t,22,23, 24, 25, 26t 27, 28, 29 are liable for rejection,"

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Taking into consideration the contents of the letter No.E1l3187/2010, dated 07.10.2015, of the Revenue Divisional . Officer Miryalaguda addressed to the District Collector Nalgonda and also the submissions of learned counsel on record, the writ petition is disposed of directing respondent No.2 - District Collector Nalgonda to initiate action as per the letter No.Ell3l87/2010, dated 07.10.2015 of the Revenue Divisional Officer Miryalaguda, within a period of three (03) weeks from the date of receipt of copy of this order and refer Section 18 petitions liable for reference u/s. 18 of the Land Acquisition Act, 1894 to the concerned Court. However, there shall be no order as to costs.

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lYiscr: le neous petitions, if any, pelding tn:his Writ

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Petition,^.;h 'll stand closed., t

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S])/.T..V.S. PRASAD ASSIS'-ANT REGISTRAR

//TRUE COPY//

siEc'floN orrlceR

1 The Distri(r Clllector, Nalgonda 2 one cc tc :iFll LoKIREV^{PREETHAIV REDDY, Advocate} IOP-JCl 3 Two CCs 1r CP FOR LAND^{ACQUISITION, Hiqh rlourtf )r the State of} Telangana, at Hyderabad. [OUT]

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4 Two CD Cc rrir:s

PSK,

HIGH COU|;l-r

DATED:061'.rin023

ORDER

WP.No.269{ 0 of 2019

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DISPOSING OF THE WRIT PETITION WITHOUT C )STS.

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Maremreddy Prathap Reddy and 12 others v. The State of Telanana and 4 others

Case brief

What is this about?

What did the court decide?

Maremreddy Prathap Reddy and 12 others v. The State of Telanana and 4 others

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

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