Disposed

Kassey Samuel Ratnam v. The State of Telangana

Telangana HC7 Nov 2023WP/29640/2023

Case brief

AI extract

What is this about?

High Court disposed of Writ Petition at admission stage. Court directed respondent to consider petitioner's representation regarding land acquisition in 8 months without deciding merits.

What did the court decide?

Directed respondent to consider representation submitted on 04.08.2023 and pass appropriate orders within 8 months.

Kassey Samuel Ratnam Vs The State of Telangana — Land Acquisition | Telangana HC (2023)

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[³³⁰³ I

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HIGH COURT fOR THE STATE^OFTELANGANA AT HYDERABAD (SPecial Original Jurisdiction)

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TUESDAY, THE SEVENTH DAY OF NOVETVIBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE J.^SREENIVASRAO

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WRIT PETITION o:29640 0F 2023

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Between:

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Kassey Samuel Ratnam, S/o. Kassey Abraham,^Age ;^{81 years, RJo.H-No-16-10-22813,} Municipal Colony, Malakpet,^Hyderabad, Telangana.

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...PET|T|ONER

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ANO'1. The State of Telangana, Rep. by its Prirrcipal Secretary, Agnculture department' Secretariat Buildings,^{Saifabad.Hyderabad.}

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The District Collector, Ranga Reddy District,^Telangana.

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The Revenue Divisional Officer, Abdullapurmet,^{Ranga ReddyDistrict.}

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The Agricultural Market Committee, Gaddianflarani^{Fruit Market (Batasingaram)Rep.} by lts e hairman, situated Batasingaram^{Mllage, AbdullpurmetMandal,RangaReddy} District'

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.....RESP.NDENT' Petition Under Nlicle 226 of the Constitulion of^{lndia prayingthat in the} circumstances stated^{in the affidavitfiled therewith,the High&urt may be pleasedto} issue an appropriate^Writ, order^or direction^{particularly one in the nature of WRIT OF} MANDAMUS, declaring, the^action of the^{Respondentsin forcibly establishingthe fruit} market in my^plot of land along^with other^{lands without giving any noticeand without} acquiring the land by following the due^{procedure under the Land AcquisitionActis} illegal, arbitrary, high handed,^{violate the fundamentalrights guaranteedto the petitioner} herein under Articles 14,^19(1Xg), 2l of^{the Constitutionof lndia apart from beingin} violation of^principles of natural^justice and^{consequehtlydirect therespondents eitherto} allot an altemate land or to^{pay the compensalionas per theexistingmarketvalue.} I.ANO:I OF 2023

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Petition Under Section^'151 CPC^praying thatⁱⁿ the^{circumstances stated in the} affidavit filed in supporl of the^{petition,the HighCourt may be pleasedto directthe} Respondents either to allot an alternate^{land or to pay th€ compensationas perthe} existing market value by^{consi.Sering the representationdated 04-08-2023of the} petitioner, pending disposal of the above^{writ petition.}

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Counsel for th€ Petitionet ; SRI CH.KOTESWARA^{RAO,ADVOCATEFOR SRI B.ARJUN} Counsel for the Respondent Nos.1^{to 3 : AGP FOR AGRICULTURE} Counsel for the ResPondent No.4^{: SRI C.HARIPREETH} The Court made the following ORDER

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HON'BLE SRI JUSTTCE J. SREENIVAS RAO

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urRIT PETITIO N No.2964O of 2023

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ORDER:

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This Writ Petition is filed seeking the following relief:-

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"to issue Wnt or Direction preferably Writ of Mandomus declaring the oction of the Respondents in forciblg establishing the Jruit market in my plot of land along with otler land.s tuithout giving any notice and tlithout acquiing the laru!- by folloluing^{the due procedureunderthe Land AcquisitionAct is} illegal arbitrary high handed uiolate the fundamental rillhts gllaranteed to the petitioner herein und.er Articles 14, 19ll)(g) 21 of the Conslitution of India apart from being in uiolation of pirtciples of rntural justice and consequentlg direct the respondents either to allot an altemqle land or to pag the compensation as per the ensting market ualue.'

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With the consent of both the parties, the Writ Petition is being disposed of at the admission stage.

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Heard Sri B.Arjun, learned counsel for the petitioner, learned Assistant Government Pleader for Agriculture appearing on behalf of respondent Nos.l to 3 and Sri C.Hari Preeth, learned Standing Counsel appearing on behalf of respondent No.4

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Learned counsel for the petitioner submits that the petitioner submitted representation to respondent No.2

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on O4.O8.2O23, requesting to return the land admeasuring an extent 816 Sq.Yds in Sy.No. 1O/63 and lO/64^of Batasingaram Village, Abdullapurmet Mandal, Ranga Reddy District, which was taken over by the Government for establishing the Fruit Market. l,earned counsel for^the petitioner further submits that the respondents without initiating any proceedings under the Right to^Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, taken^the property and till date respondent No.2 has not considered the said representation.

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Per rcntra, learned Standing Counsel appearing on behalf of respondent No.4 submits that the^{land allotted} to the Market Committee is different^and the^{land claimed} by the petitioner is different.

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Learned Assistant Government Pleader

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appearing on behalf of respondent^{Nos.1 to 3 submitsthat} respondent No.2 will consider^{the representation submitted} by the petitioner dated 04.08.2023^and this _requested Court to grant reasonable time.

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I t

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In view of the above said submissions made by the respective parties, without going into the merits of the case, this Court deems it appropriate to dispose of the Writ Petition by directing respondent No.2 to consider the representation submitted by the petitioner dated 04.08.2023 and pass appropriate orders in accorriance with law within a period of eight (8) months from the date of receipt of a copy of this order.

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Accordingly, the Writ Petition is disposed of.

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No costs.

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Pending miscellaneous applications, if any, shall

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qtand closed -

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SD/. N. CHANDRA SEKHATTRAO ASSISTANT REGI#TRAR '-.'t - "- //TRUE COPY//

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sscnoru%rrtcen

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The Principal Secretary, Agriculture department, Secretariat Buildings, Saifabad, State of Telangana at Hyderabad.

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The District Collector, Ranga Reddy District, Telangana.

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The Revenue Divisional officer, Abdullapurmet, Ranga Reddy District

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The Chairman, Agricultural Market Committee, Gaddiannarani Fruit MarkL.t (Batasingaram), situated Batasingaram village, Abdullpurmet Mandal, Ranga Reddy District.

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