Dismissed

Vardeboina Babu v. The District Collector

Telangana HC13 Apr 2023WP/7962/2023

Case brief

AI extract

What is this about?

The High Court directed the superintendent engineer of NPDCL to consider the petitioner's representation regarding the shifting of 33 KV lines from his land. An order was Issued prohibiting the cutting of trees while permitting pruning to protect the lines pending the decision.

What did the court decide?

Imposition of decision to look into the representation dated 4.1.2.2021 and take a decision on shifting the 33 KV lines, payment of compensation, if any. In the interim, directed not to cut the trees

Vardeboina Babu Vs The District Collector — Service and Employment | Telangana HC (2023)

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

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[^321e ]

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THURSDAY, THE THIRTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SMT JUSTICE P. HAVI DEVI

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WRIT PETITION NO: 7962

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Between:

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Vardeboina Babu, S/o. Ponnaiah Vardeboina Aged about 45, Occ. Agriculture, - R/o. 1-109, Yadava Bazar, Jannaram, Khammam, Telangana - 5071-6g.

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ntII'

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...PETITIONER

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The District Collector, Khammam District at Khammam.

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The Chief Engineer, Northern^power Distribution Company of Telangana Limited H. No. 2-S-3 1 t2, Corporate Office,Vidyut Bhavan, Nakkalahgitta, Hanamkonda, Warangal Telangana 506001.

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The Superintendent Engineer, Northern power Distribution Company of Telangana Limited TS NPDCL Circle Office Khammam _ SOTOOi.

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The Divisional Engineer, Northern power Distribution company of relangana Limited TS NPDCL Circle Office Khammam - 5O7OO1.

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5 l.he Asslstant Engineer, Northern power Distribution company of relangana Limited TS NPDCL Circle Office Khammam - 5O7OO1.

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The se_cretary of Government of rndia, Ministry of power, J696 prus pp6, Rafi Marg, Shram ShaKi Bhavan, New Delhi, Delhi 11000.1.

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...RESPONDENTS

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Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to pass writ, order or direction more particularly in nature of wRlr oF MANDAMUS declaring the action of the Respondents in not paying the compensation and not shifting of the 33 KV lines from 224a,2001d p2, 11 Kv lines and the transformer from land in sy.No.275,277 situated at Jannbram, Enkoor Mandal, Khammam District as arbitrary, illegal and issue a consequenfly direction to the Respondents to shift the 33 KV lines from land in sy.Nos.224l 2ootd 122,11 KV lines from land in Sy.No.275,277 situated at Jannaram, Enkoor Ma ndal, Khammam District and the transformer and pay the compensation for tk trees damaged

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il2il

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lA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleaded to direct the Respondents not to interfere in the peaceful possession of the Petitioner in land in Sy.Nos.224(/ ,2OO|O'122,5y.No.275, 277 situated at Jannaram, Enkoor Mandal, Khammam District.

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lA NO: 2 OF 2023

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Petition under Section 151 CPC praying that in thei circumstances stated in the affidavit filed in support of the petition, the High Court may be^pleased to direct the Respondents to consider the Petitioner representation dated 2210212023 submitted to the Respondents^pending disposal of the abovg^writ petition.

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Counsel for the Petitioner: SRl. RAJESH KUMAR HEROOR

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Counsel forthe Respondent No.1: GP FOR REVENUE

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Counsel for the Respondent Nos.2 to 5: SRI ZAKIR ALI DANISH, SC FOR TSNPDCL

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Counsel for the Respondent No.6: SRI GADI'PRAVEEN KUMAR, DEPUTY SOLICITOR GENERAL OF INDIA

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The Court made the following: ORDER

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THE HONOURABLE SMT JUSTICE^{P.MADHAVI DEVI}

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W.P.No. 7962 of 2o23

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ORDER:

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In this writ petition, the petitioner is seeking a direction^to the respondents to consider the representation of the^petitioner for shifting of the 33 KV lines from his lands in order to^protect the trees grown by him for his livelihood in his agricultural land.

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i.I )

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Learned counsel frrr the petitioner submitted that the petitioner has made a representation on 04" l2.2O2l in this regard and the same has also been forwarded by the Collector to the respondent No.3 for due consideration: The grievance of the petitioner is that the respondents have not taken any decision or any action thereon.

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Learned Stancling Counsel for the respondents is also heard.

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Having regard to the fact that the representation of the petitioner is dated 04-.1.2.2021 and the same was also been forwarded by the District Ct-rllecl.or on L6.O2.2O22, this Court deems it fit and proper to direct the respondent No.3^{to look into} the matter and take a decisicln on the same^{i.e., shifting of 33}

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PfuTD,J W.P-No. 7962 oJ 2O23

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KV iines from the land of the petitioner subjecr to making of payment, if any, for such shifting. Tilr such tirne that a decision is taken, the respondents are directcd not to cut the trees which are grown in thc land, but however they are permitted to prune the trees to protect the electricity iines.

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Accordingly, this writ petition is disposed of. There shall be no order as to costs.

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Miscellaneous petitions, if &rry, pcnding in this writ petition, shall stand closed.

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sD/- v. xay'lftra ASSISTANT REGI$TRAR

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/TRUE COPY/ v/ SECTION OFFiCER

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\ To,

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The District Collector, Khammam District at Khammam

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The Chief Engineer, Northern Power Distribution Company of Telangana Limited H. No. 2-5-31 12, Corporate Office,Vidyut Bhavan, Nakkalahgufta, Hanamkonda, Warangal Telangana 506001

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Thi: Superintendent Engineer, Northern Power Distribution Company of . Telangana Limited TS NPDCL Circle Office Khammam - 507001

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The Divisional Engineer, Northern Power Distribution Company of Telangana Limited TS NPDCL Circle Office Khammam - 507001

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The Assistant Engineer, Northern Power Distribution Company of Telangana Limited TS NPDCL Circle Office Khammam - 507001

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The Secretary of Government of lndia, Ministry of Power, J696 plus PP6, Rafi Marg, Shram Shakti Bhavan, New Delhi, Delhi 110001

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On-b CC to Sri Rajesh Kumar Heroor, Advocate IOPUA]

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Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT]

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one cc to Sri Gadi Praveen KumalQgnutV Solicitor Generat of lndia tOpUCI 10.one cc to sriZakir Ati Danish, sc FoRrdrupocl_ topucl 11.Two CD Copies

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CHR

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BS $,

HIGH COUR

DATED:1310412023

ORDER

P.No.7962 ot 2023

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s G OF THE WRIT PETITION U c o s

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Vardeboina Babu v. The District Collector

Case brief

What is this about?

What did the court decide?

Vardeboina Babu v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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