Disposed

Chukka Krishna Goud v. The State cf Telangana

Telangana HC7 Jul 2023WP/38386/2022

Case brief

AI extract

What is this about?

This writ petition challenged the non-payment of land acquisition compensation. The Court noted a dispute between the petitioner and the sister-in-law regarding possession. It directed the Revenue Divisional Officer to issue notice to both parties and consider the petitioner's representation within four weeks.

What did the court decide?

Directed the 3rd respondent to give notice to the petitioner and 4th respondent, consider the petitioner's representation regarding compensation, and decide the issue within four weeks of receiving th

Chukka Krishna Goud Vs The State cf Telangana — Land Acquisition | Telangana HC (2023)

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132s2l

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

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FRIDAY ,THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTYTHREE

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PRESENT

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THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

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WRIT PE TITION NO: 38386 OF 2022

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Between

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Chukka Krishna Goud, S/o. Late Narayana,^Aged 56^{years, Occ. Agri.,} Rl/o. Siddapur Village, Kothhur Mandal, Ranga^{Reddy District.}

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...PETITIONER

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AND

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The State cf Telangana, rep. by its Secretary,^Department of^Revenue, Secretariat, Hyderabad.

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The District Collector, Ranga Reddy District.

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The Revenue Divisional Officer/LAO, Shadnagar^{Division,Shad Nagar,} Ranga Reddy District.

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Smt. Chukka Hamsamma, W/o. Ramaiah, Aged 70^{years, Occ. Household,} Fl/o. Siddapur Village, Kothhur Mandal, Ranga Reddy^District.

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...RESPONDENTS

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Petition under Article 226 ol the Constitution of^{lndia praying that in the} circumstances stated in the affidavit filed therewith, the^{High Courtmay be} pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ,^{declaring action of the} respondents No.3 in dodging for^payment of compensation^{amount for the land} acquired from the^petitioner to an extent of 1 acre 39^{guntasof landin} Sy.No.252l29 of Siddapur Vlllage, Kothur^{Village, Ranga Reddy District' as} illegal, arbitrary, in violation of^principles of^{natural justiceand against Article} 300-A of Constitution of lndia and consequently direct^{the respondent No.3 to} pay the lcompensation amount for the land acquired from the^petitioner to^an extent of I acre 39^guntas of land in Sy.No.252l29^{ot Siddapur Village, Kothur} Village, Ranga Reddy District.

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lA NO: 1 OF 2022

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in srpport of the petition, the High Court may be pleased to direct the respondent No.3 to pay the compensation amount for the land acquired from the pet tioner to an e xtent of 1 acre 39 guntas of land in Sy.No.252129 of Siddaprr Village, Kothur Village, Ranga Reddy District.

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Counsel for the Petitioner : SRl. K JAGADISHWAR REDDY

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Counsel for the Respondents: AGP FOR REVENUE AND LAND ACQUISITION

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The Court made the following: ORDER

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THE HON'BLE MRS JUSTICE SUREPALLI^NANDA

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W.P. No.38385 of 2O22

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ORDER:

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Heard the learned counsel for the^petitioner and the learned Assistant Government Pleader for^Revenue and Land Acquisition appearing on behalf of respondents.

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2. PERUSED THE RECORD.

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The prayer as sought for by the petitioner in the present writ petition reads as under:

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"to pass an order or orders one in the nature of WRIT OF MANDAMUS, declaring the action of the respondent No.3 in dodging for^payment of compensation amount for the land acquired from the petitioner to an extent of 1 acre 39 guntas of land in Sy.No.252/29 of Siddapur Village, Kothur Village, Ranga Reddy District, as illegal and arbitrary and consequently to direct the respondent No.3 to^pay the compensation amount for the land acquired^from the petitioner to an extent oF 1 acre 39^{guntas of} land in Sy.No.252/29 of Siddapur Village, Kothur Village, Ranga Reddy District and^pass such other

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order c,r orders as tirrj Hon'ble Court deem fit and proDer in the interest oF justice.

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The learned Government Pleader for Land Acquasition brings on record the Written Instructions, dated 18.10.2022 and ttre relevant portion of the said instructions reads as under:

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".qs per the enjoyment Survey report subnritted by the lvlandal Surveyor and the Tahsildar, Kothrrr Mandal in Sy.No.252 /29 an extent oF Ac.02-00 Gts of Government Land in the names of Sri Chukka Krishna Goud Sio Narayana and Snlt. Chukka Hamsamma W/o Ramaiah was shown jointly in the Pattadar/Occupant column and the same was publrshed in form-C in The New Indian Express English daily news paper and Namasthe Telangana Telugu daily news papers on 08.01.2021 for clarming objections if any. No objections were received in^prescribed time and Consent Award No.F/1603/2018, dated 24.44.2021 was passed in this regard. After passing of the award the Writ Petitioner Sri Chukka Krishna Goud S/o Narayana and Respondent No.4 Smt. Chukka Hamsamma W/o Ramaiah who is the Aunt(Petitioner Fathers younger brother wife) of the Writ petitioner have filec objection petition for not to release compensation amount and both of them have not submitted agreement in Form-G-lII and G- IV under rule 14 of Telangana State Land Acquisition (Consent Award, Voluntary Acquisition and lump sum payment towards Rehabilitation and Resettlement) Rules 2017 on such the compensation amount was not disbursed and kept pending. Meanwhile both the^persons were called several times to this

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office and instructed to file Form-G-III and G-IV but no response was given by them. It is also came to the notice that, sri Chukka Krishna o Nara ana is ha n e fl Sv.No.252l29 to an extent of Ac,O1-39 Gts of Government Land whereas Smt. Chukka Hamsamma Wlg Ramaiah ts in the cultivation/Dossession over the said land at the time of survev.

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In view of the above disoute, the compensation. amount wag qot^paad to anv of the oersons Sri Chukka Krishna Goud S/o Late Naravana aFd Smt,Chgkka tlansamm.a Wlo Ramaiah as slle ts in^physical Dossession in Sv.\o.?SUL9 and the amount is beinq deposited Lo theAuthoriW of Land Acquisition shortly."

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It is the specific case of the petitioner that the petitioner vide representation, dated 24.09.2022 requested the Revenue Divisional Officer, Shadnagar Division, Rangaredy District for compensation towards the land in Sy.No.252129 to an extent of Ac.1.30 guntas, situated at Siddapur Village Revenue Division.

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The learned Government Pleader for Land Acquisition represents that. the Writ petition could be disposed of directing the 3'd respondent to consider the issue by giving due notice to the petitioner and also to the 4th respondent and take a decision with regard to

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release of compensation^{in respectof the subject Iand} in Sy.No.252l29 to an^{extent ofAc.1.3O guntas,} situated at Siddapur^{VillageRevenue Division.}

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A bare perusat of the^{Written instructionsclearly} indicate that there is a^{disputebetweenthe petitioner} and the 4th respondent^{herein, who is the petitioner's} aunt (Petitioner^{Father's younger brother's wife) in} view of the dispute., the^{RevenueDivisiona!Officer,} Shadnagar Division,^{Ranga Reddy District did not pay} the compensation amount^{to any person i'e. neither to} the petitioner nor to^{the 4th respondent herein, who is} in physical^{possessionof the land in Sy.No.252129to} an extent of Ac.1.3o^{guntas, situated atSiddapur} Village Revenue Division,^{Kothur Village, Ranga Reddy} District and directed^{that the amount be depositedwith} the authority of the^{LandAcquisition.}

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Taking into consideration^{the above referred facts} and circumstances^{of the case and duly considering the} fact of claim^{putforth by the petitioner vide petitioner's} representation dated 24.O9.2022^{to the 3'd respondent} herein, the Writ petition is disposed of^directing

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respondent No.3 to give prior notice and reasonable opportunity to the 4rh Respondent and also the petitioner herein and consider the petitioner,s representation, dated 24.09.2022, for retease of compensation in respect of the land in Sy.No.252l29 to an extent of Ac.1.3O guntas, situated at Siddapur Village Revenue Division, within a period of four (O4) weeks from the date of receipt of the copy of this Order. However, there shall be no order as to costs.

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Interim orders passed on 09.03.2023 in W.p.No.383g6 of 2022, shall stand vacated.

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Miscellaneous petitions, if any, pending shall also stand

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closed.

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//TRUE COPY//

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SD/.A.V.S. PRASAD ASSISTANT REGISTRAR llD

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SECiION OFFICER

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To,

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The Secretary, Department of Revenue, Secretariat, State of Telangana, Hyderabad.

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The District Collector, Ranga Reddy District.

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The Revenue Divisional Officer/LAO, Shadnagar Division, Shad Nagar, Ranga Reddy District.

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One CC to SRl. K JAGADISHWAR REDDY, Advocate.[OPUC]

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Two CCs to GP FOR REVENUE AND LAND ACQUISITION, High Court for the State of Telangana at Hyderabad. [OUT]

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Two CD Copies

SB LS

HIGH COURT

DATED:0710712023

ORDER

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WP.No.38386^{of 2022}

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DISPOSING^{OF THE WRIT PETITION} WITHOUT COSTS

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Chukka Krishna Goud v. The State cf Telangana

Case brief

What is this about?

What did the court decide?

Chukka Krishna Goud v. The State cf Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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