Disposed

V. Pedda Ramulu , v. Ramulu v The Singareni Collories Company Limited and 3 Others

Telangana HC25 Apr 2023WP/8579/2020

Case brief

AI extract

What is this about?

In a writ petition challenging dispossession of private patta land, the High Court directed the District Collector to complete acquisition proceedings for a specific portion of land and award compensation.

What did the court decide?

The District Collector directed to complete acquisition proceedings for 0.24 guntas of land and pay compensation expeditiously.

V. Pedda Ramulu , v. Ramulu Vs The Singareni Collories… — Land Acquisition | Telangana HC (2023)

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1321s I

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

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TUESDAY, THE TWEI'ITY^{FIFTHDAY OF APRIL} TWO THOUSAND AND TWENTY^THREE

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PRESENT

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THE HON'BLE SMT JUSTICE P.^{MADHAVI DEVI}

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WRIT PETITION NO: 8579 OF 2020

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Between:

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V. Pedda Ramulu @ V. Ramulu, S/o^Mutyalu,Aged 8'1 years, Occ. Cultivation, R/o. Jag-nnadhapuram^{Village,Cherukupalli} Post, Sattupalli Mandal, Khammam District.

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...PETITIONER

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AND

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1 The Singareni Collories Company Limited, Rep. by^{its GeneralManger,} . Kothaguiem, Bhadradri Kothagudem District, erstwhile^{KhammamDistrict.}

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2 The Pioject Officer, Singareni Collories Company^{Limited, Sathupalli Town,} Khammam District.

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3 The District Collector, Khammam District at Khammam.

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4 The Tahsildar, Sathupalli Mandal, Sathupalli, Khammam^District. 5 The Special Deputy Collector^(LA) Land Acquisition^{Officer,IPT and Railryltys,} v

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Khammam, Khammam District.

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R5 is impleaded as^per C.O.dt.OGlO3l2023^{in l.A. No. 212020.}

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...REspoNDENrs

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. Petition under^{Article 226 of the Constitutionof lndia praying that in the} circumstances stated in the affidavit^filed therewith,^{the High Court may be} pleased to issue an appropriate Writ, Order or Direction more^particularly one in the nature of Writ of Mandamus^{declaring the action of respondents 1 to 2 in} trying to dispossess the^{petitioner from his privatepatta land situatedSurvey} No.39/26 (Ac. O.24 Guntas) and Survey^{No.39/58 (Ac.} 0.20^Guntas)of Jagannadhapuram Village, Sathupalli^{Mandal, Khammam District,without} following due process of law as illegal,^{arbitrary, violativeof Article} 14 and^{21 ot} the Constitution of lndia and consequently^{direct the respondents1 and 2 not to} dispossess the^petitioner from^{his privatepatta land situated in SurveyNo.39/26} (Ac. 0.24 Guntas) and Survey No.39/58^(Ac. 0.20 Guntas) of Jagannadhapuram Village, Sathupalli Mandal, Khammam^{District, without} following due^process of law and to pay costs

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\ 't

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lA NO: 1 OF 2020

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Petition under Section 151 CPC^praying that^{in the circumstancesstated} in the affidavit filed in support of the^{petition, the High Courtmay be pleased to} direct the respondents 1 and 2 not^{dispossess the petitionerfrom his private} patta land situated in Survey No.39/26^(Ac. 0.24 Guntas)^{and SurveyNo 39/58} (Ac.0.20 Guntas) of Jagannadhapuram^{Village, SathupalliMandal'Khammam} District, without following due^{process of law}

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lA NO: 3 OF 2020

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Petition under Section 151^{CPC prayingthat in the circumstancesstated} in the affidavit filed in support^{of the petition,the Highcourt may be pleased to} receive (1) Proceedings Rc.^{No C/495/2020, dated05i09/2020of 4th} Respondent and^{(2) ProceedingsRc. no c/1 11208 dated 2310912020 of Sth} Respondent as Additional^{tVlaterialPapers in the interest of justice} Counsel for the Petitioner:^{SRIKRISHNA KISHOREKOWURI}

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Counsel for Respondent^{Nos. 1 & 2: SRIP' SRI HARSHA REDDY} SC FOR SINGARENI COLLIERIES^CO.LTD

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Counsel for Respondent Nos.^{3 to 5: GPFOR REVENUE}

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The Court made the following:^ORDER

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THE HONOT]RABLE^{SMT. JUSTTCE P. MADHAVT DEVI}

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WRIT PETTTION^N o.^{8579 0r 2020}

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ORDER

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In this Writ Petition,^{the petitioner is seekinga direction to the} respondents to make^{payment of compensation for acquiring the} petitioner's land to an^{extent of 44 guntas in Survey Nos'39/26and} 39/58 of Jagannadhapuram^{Village, Sathupalli Mandal, Khammam} District.

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Leamed counsel for the^{petitionersubmittedthat the subjectland} - was acquired by respondents^{1 and 2 for dumping garbageand waste} soil etc., and the Collector,^{Khammamhas written a letter dt.15.09.2020} to the General Manager,^{SCCL, Kothagudem Area'Rudrampur,} Kothagudem Mandal^{to submit their requisitionproposals to acquire the} land of the petitioner to^{an extent of Ac.0.24gts., in Survey No'39 of} Jagannadhapuram Village,^{but the same has not been processedand no} compensation has been^{paid to the petitionerso far.}

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3 Learned Standing Counsel^{for SCCLhasalso filed a copy of the} letter dt.15.09.2020.

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W.l'.No.8579 oll2020

On going through the same, the leamed counsel for the petitioner submitted that though 44 guntas of the petitioner's land has been taken possession of by respondents 1 and 2, the petitioner is limiting his claim to Ac.0.24 guntas only as mentioned in the report to the Collector.

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From these averments and the perusal of the relevant documents, this Court finds that the land of the petitioner has been sought to be acquired by SCCL and requisition for acquisition of Ac.0.24 gts., in Survey No.39 of Jagannadhapuram Village belonging to the petitioner is to be initiated by the Collector, Khammam District and has to be included in the acquisition proceedings.

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The 3'd respondent District Collector, who is the competent authority to take necessary action in this regard, is therefore directed to complete the acquisition proceedings in relation to the petitioner's land to the extent of Ac.0.24 guntas in Survey No.39 of Jagannadhapuram Village and make payment of compensation to the petitioner expeditiously, preferably within a period of three (3) months from the date ofreceipt of a copy of this order.

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7 With the above directions, the Writ petition is disposed of. No qrder as to costs.

W.P-No.8579 of 2020

Pending miscellaneous petitions, if any, in this Writ petition shall

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stand closed"

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//TRUE COPY//

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Sd/.K.VENKAIAH ASSISTANT^REGISTRAR LJ

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SECTION OFFICER

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To, 1. The District Collector,^{KhammamDistrict at Khammam'} i. iii; 5;;;r^{-oeputvcorreitor (LA)Land Acquisitionofficer, rPT and Raipays,}

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Khaminam, Khammam^District.

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ijne CCl"'Sri^{Krishna Kishore KowuriAdvocale} [QPUcl

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;. on; cc io Sri P^{srt HarinaReddv(sc FoR SINGARENIcoLLIERIES} CO.LTD) Advocate TOPUCI 5. il;tc6 i;cP loin.reni,e,^{High court for the State of relangana[oUT]} o. Two CD CoPies MBC

,.t la

HIGH COURT

DATED: 2510412023

1ii!: i'
it
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Ll I B ll1AY 2[?3

ORDER

WP.No.8579 of 2Q20

DISPOSING OF THE WRIT PETITION

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WITHOUT COSTS

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K,-

V. Pedda Ramulu , v. Ramulu v The Singareni Collories Company Limited and 3 Others

Case brief

What is this about?

What did the court decide?

V. Pedda Ramulu , v. Ramulu v The Singareni Collories Company Limited and 3 Others

Case brief

What is this about?

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