Remanded

Garika Koteswrrao v. The State of Telangana

Telangana HC16 Feb 2023WP/4506/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by land acquisition affected persons seeking a writ of mandamus for payment of Rehabilitation and Resettlement benefits. The Court directed authorities to finalize eligibility within two months based on precedent.

What did the court decide?

Directed respondents 3 to 5 to finalize eligibility enquiry within two months and extend benefits to eligible petitioners.

Garika Koteswrrao Vs The State of Telangana — Land Acquisition | Telangana HC (2023)

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I^32s6 |

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IIIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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THURSDAY, THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE PRESENT

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TIIE HONOURABLE SRI JUSTICE MUMMTNENI SUDIIEER KUMAR

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\YRIT PETITION NO: 4506 OIt 2023

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Bctrvecn:

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l. Garika Koteswrrao, S/o. Suribabu, R/o. Village. Peddampet, Mandal, Ramagiri, District. Peddapalli. Project No.l93lA, Si. No.26 in File No.2 B/54412013, Dt. 10-082022.

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Ganka Venkateswrao, S/o. Suribabu, R/o. Village. Peddampet, Mandal, Ramagiri, District. Peddapalli. Project No.l93/A, Si. No.27 in File No. B/54412013, Dt. 10-082022.

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Kasipeta Sammaiah, S/o. Rajaiah, R/o. Village. Peddampet, Mandal, Ramagiri, District. Peddapalli. Project No.269, Si. No.37 in File No. 8154412013, Dt. 10-082022.

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Kasipeta Srinivas, S/o. Rajaiah, R/o. Village. Peddampet, Mandal, Ramagiri, District. Peddapalli. Project No.269, Si. No.38 in File No. B/544/2013,Dt. 10-08-2022.

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Padala Shankaramma, Wo. Lingaiah, ( Lr of Deceased Husband namely Lingaiah), R/ o. Viltage. Peddampet, Mandal, Ramagiri, District. Peddapalli. Project No.296lA, Si. No.39 in File No. 8/544/2013,Dt. 10-08-2022.

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Ramshetti Pavan, S/o. Late Srinivas, R/o. Village. Pcddampet, Mandal, Ramagiri, District. Peddapalli. Project No.4l7lA, Si. No.44 in File No. B,154412013, Dt. 10-082022.

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Kadari Kirankumar, S/o.Rajesham, R/o. Village. Peddampet, Mandal, Ramagiri, District. Peddapalli. Project No.l I, Si. No.53 in File No. B,154412013,Dt. 10-08-2022.

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Eshampelli Venkateswar, S/o. Chandraiah, R/o. Village. Peddarnpet, Mandal, Ramagiri, District. Peddapalli. Project No.219, Si. No.74 in File No. B,154412013, DL t0-08-2022.

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9- Gurram Kumar, S/o. Rayagattu, R/o. Village. Peddampet, Mandal, Ramagiri, District. Peddapalli. Project No.246, Si. No.78 in File No. B,1544/2013,Dt. 10-08-2022.

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Ramagiri Rayamallu, S/o. Lingaiah, R/o. Village. Peddampet, Mandal, Ramagiri, District. Peddapalli. Project No.l/A,Si. No.86 in File No. 8154412013, Dt. l0-082022. r

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I l. Ramagiri Prakash, S/o. Rayamallu, R/o. Village. Peddampet, Mandal, Rarragiri, District. Peddapalli. Project No.l/A, Si. No.87 in File No. 8/544/2013, Dt. l0-082022.

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Ramagiri Kiran, S/o. Rayamallu, R/o. Village. Peddampet, Mandal, Ramagiri, District. Peddapalli. Project No.l/A, Si. No.88 in File No. B,154412013, Dt. l0-082022.

...PIITITIONERS

AN T)

[. Thc State OfTelanglna, Rep by its Prl. Secretary Revenue (Land Acquisition) Dept. Secretariat Building Saifabad Hyderabad-500 022.

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The Singareni Collieries Company Ltd, SCCL Rep by its Chainnan and Managing Director Singareni B havan Lakdikapool Hyderabad.

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Tho District Colleotoq Peddapalli District. At Peddapalli,

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The Addl. Collector-cum-District, R and R Project-Adminr strator, Peddapalli District, at Peddapalli.

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The Revenue Divisional Officer-cum-Rehabilitation and r€settlcment for the Project Officer, Manthani At Manthani, Peddapalli District.

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The General Manager. Ramagundarlr Division-ll Area, Eight incline Colony, Godavarikhani, Peddapalli District. TS.

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The Land Acquisition Officer and Spl. Dy. Collector, LA tlnit SCCL Godavari Kani, Peddapalli District.

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The Tahsildar, Rarnagiri Mandal Peddapalli District.

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Petition under Article 226 of the Constitution of India praying that in thc circumstances statcd in the affidavit filcd thercwith, the High Court may be pleased to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring thc action of the Respondents in not payment of R and R package benefits, who are eligible under Proceeding No. B/544l2013, dated 10.08.2022 passed by the respondent no. 5, as the same is pending till date before the respondent no. 3 & 4 for payment ol R and R benellts to the pctitioncrs, as illegal and arbitrary violate of Art 2l and 300-,{ of the Constitution of India and oonsequently direct the respondents to pay the R and R Bcnefits, who are eligible under Proceeding No. 8/54412013, dated 10.08.2022 issued by thc r espondent no. 5 to the petitioners in the interest ofjustice;

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lA NO: I OF 2023

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Petition under Scction l5l CPC praying that in the circumstances stated in the affidavit filed in support of thc petition, thc High Court may be pleased to direct the respondents to pay the R and R Benellts, who are eligible under Proceeding No. B/54412013, dated 10.08.2022 issued by the respondent no.5 to the petitioners in the interest ofjustice

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Counsel for the Pctitioncrs : SIII. GONII RAi{ESH

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Counsel for the Rcsponrlcnts: CP FOR LAND ACQUISITION

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The Court made the follorving:

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\ t

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THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRJT PE?ITION No.45O6 of 2o.23

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ORDER:

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

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This writ petition is filed seeking a writ of Mandamus to declare the action of the respondents in not paying the Rehabilitation and Resettlement (R &R) benefits to the petitioners, who are stated to be found eligible under proceedings No.Bl5a4 12013, dated 1O.O8.2O22, issued by respondent No.S, as arbitrary and illegal.

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lrarned counsel for the petitioners submitted that the issue involved in this writ petition is squarely covered by the order passed by this Court in W.P.No.1853 of 2023, dated 31.O1.2023. The same is not disputed by learned Assistant Government Pleader for Land Acquisition.

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Following the said order and the reasons stated therein, this writ petition is also disposed of directing respondent Nos.3 to 5 to linalize the enquiry with regard to eligibility of the petitioners for payment of R & R package benefits pursuant to the proceedings No.Bl5a4 l2Ol3, dated 1O.O8.2O22, issued by respondent No.S and conclude the said proceedings, within a

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--\k

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period of two months from the date of receipt of a copy of this order and extend the benefits to the eligible petitioners. In case, if any of the petitioners herein are found to be ineligible, respondent Nos.3 to 5 shall put such petitioners on notice and afford them an opportunity of hearing and then pass orders, as directed above. There shall be no order as to costs.

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Miscellaneous peritions, if any, pending in this writ petition shall stand closerl.

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SD/-MOHD.SANAULLAH ANSARI ASSISTANT REGISTRAR

//TRtr[], coPYll

SECTION OFFICEII.

To,

The Principal Secretary Revenue (Land Acquisition) Dept. Secretariat Building Saifabad Hyderabad-5O0 022, State Of Telangana.

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The Chairman and Vanaging Director, Singareni Collieries Company Ltd, SCCL Singareni Bhavan Lakdikapool H1'derabad.

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The District CollecLor, Peddapalli District. At Peddapalli,

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The Additional Collector-cum-District. R and R Project-Administrator, Peddapalli Districl, at Peddapa lli.

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The Revenue Divisional Officer-cum-Rehabilitation and resettlement for the Project Officer, Manthani r\t Manthani, Peddapalli District.

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The General Manager, Ramagundam Division-Il Area, Eight incline Colony, Godavarikhani, Peddapalli District, TS.

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The Land Acquisition Officer and Special Deputy Collector, LA Unit SCCL Godavari Kani, Peddapalti District.

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The Tahsildar, Ramagiri Mandal Peddapalli District.

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(Rl TO R8 ALONG WITH THE ORDER COPY OF WP No.1853 OF 2023 DTAED|2u0u20231

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One CC to SRI. G()NE RAMESI{ Advocate [OPUC]

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Two CCs to GP FOR LAND ACQIIISITION, High Court for the State of Telangana, Hyderabad. [OU1-]

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Trvo CD Copies

III(;H COUIT'T

I,ISK, J

DA'tllD: 1610?12023

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OITDER

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WP.No.4506 of 202-l

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WRIT PETII'ION IS DISPOSED oF wITtrolIT cos]-s

Garika Koteswrrao v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Garika Koteswrrao v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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