Disposed

Venkat Reddy v. The State of Telangana

Telangana HC22 Oct 2024WP/17923/2024

Case brief

AI extract

What is this about?

The Court directed the Land Acquisition Officer to refer the petitioners' applications filed under Section 18 of the Land Acquisition Act, 1894, to the competent Civil Court for determination of compensation, noting that the files did not indicate such reference had been made earlier.

What did the court decide?

Direction issued to the 3rd Respondent to refer the petitioners' applications under Section 18 of the Land Acquisition Act, 1894, to the competent Civil Court for determination of compensation.

Venkat Reddy Vs The State of Telangana — Land Acquisition | Telangana HC (2024)

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[³¹⁶⁶¹

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

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TUESDAY, IHE TWENTY SECOND DAY OF OCTOBER TWO THOUSAND AND TWENry FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE T.VINOD KUMAR

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WRIT PETITION NO: 17923 OF 2024

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Between:

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Venkat Reddy, S/o. Chinna Laxmanna, 61^years,

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K. DAmodar, S/o. Mallappa, 49^years,

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Hanumanthu (died), ( Dted)per LRs,

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Narasimhulu, S/o. Late Hanumanthu, 40^years,

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M. Venkat Reddy, S/o. Hanmanthu, 47^yeats,

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M. Ramesh, S/o. Hanmanthu, 49^years,

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M. Vasantha Kumar, S/o. Hanmanthu, 51^years,

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Krishna Reddy, S/o. Chinna Chenna Reddy,32^years,

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Srinivasulu, S/o. Chinna Chenna Reddy, 34^years,

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Narsimhulu, S/o. Chinna Chenna Reddy, 36^years,

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11.Vadala Narsanna (died), (Died)^per LRs,

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12.Vadala Srinivasulu, S/o. Late Vadala Narsanna,40^yea6,

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l3.Srinivasulu, S/o. Chinna Chenna Reddy, 34^years,

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Narsimhulu, S/o. Chinna Chenna Reddy, 36^years,

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l5.Krishna Reddy, S/o. Chinna Chenna Reddy, 32^years,

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16.M. Shankar, S/o. Nagappa,49^years,

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lT.Damodar Reddy, S/o. Venkat Reddy, 47^years,

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AII are agriculturists R/o. Earladinne Village, Amarchintha^Mandal, Wanaparthy District.

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...PETITIONERS

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AND

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The State of Telangana, Rep. by its Principal^{Secretary,lrrigation} Departrnent, Secreta riai Buⁱ ldings, Sa ifabad, Hyderabad

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The District Collector^(LA), Wanaparthy District^{at Wanaparthy.}

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3 The. Special Deputy- Collector/ Land, Acquisition Officer. (LA) Unit, pJp, Gadwal, Jogulamba Gadwal District)

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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 issue a writ, order or direction particularly one in the nature of writ of Mandamus, declaring the action of the 3rd respondent in not referring the fired U/s 1B of the Land Acquisition Act, 1g94 by the civir court as iflegar, arbitrary and violation of Article 300-4 of the constitution of lndia and further direct the 3rd respondent in not referring the applications of the petitioners dated. 22107 t2o0g filed U/S 18 of the Land Acquisition Act, 1g94 by the civir court as iilegar, arbitrary and violation of Article 300-4 of the constitution of lndia and further direct the 3rd respondent to refer the matter to the civil court for determination of compensation for the wells situated at Earladinne village, Amarachitha Mandal, Amarachintha District, Telangana state for the purpose of priyadarsini Jurala Project by File No. 8/366/1989 (ord Fire) No. 8/44812008 supprementary Award No. 9/09, dated. 10t06t2009 passed by the 3rd respondent.

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lA NO: 1 OF 2024

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Petition under Section 1s1 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the 3rd respondent to refer Under Section 18 of the LA Act vide applications dated. 22107l2OOg to the Civil Court for determination of compensation for the wells situated at Earladinne village, Amarachintha Mandal, wanaparthy District, Terangana state by Fire No. 8/366/1989 (ord Fire) No. 8144812008 supplementary Award No. 9/09, dated. loto6r2oog passed by the 3rd respondent.

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Counsel for the Petitioner : SRI S.VENKATESHWAR REDDY Counsel for the Respondent No.1 : Gp FOR lRRl AND COMM AREA DEV C.ounsel for the Respondent No.2&3 : Gp FOR LAND ACQUISITION r ne uourt made the following: OROER

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THE HON'BIE SRI JUSTTCE T. VINOD KUMAR

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wrIt titron N o.L7923 of 2024

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ORDER

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Heard learned counsel for the petitioners, learned Governrnent Pleader for Irrigation and cAD appearing for respondent No.1 and rearned Government^pleader for Land Acquisition, appearing for respondent Nos.2 and 3 and with the consent of the learned counsel appearing for the pafties, the Writ petition is taken up for hearing and disposal at the admission stage.

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Shorn of unnecessary details, the case of the petitioner, in brief, is that aggrieved by the award dt.10.06.2009 passed by the 3d respondent, the petitioners have fired applications seeking reference unc,er section 1B of the Land Acquisition Act, 1894 (for short, ,the Act,), to the competent civil court, against the determination of compensation in respect of their lands ac4uired by the respondents_authorities under the award.

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It is the further case of the petitioners that in spite of the petitioners having made apprications seeking reference unc,er section 1g of the Act, the said applications have not been referred by the respondents-authorities to the competent civir couft under the Act tiil date, which action it is contended is highly illegal aM arbitrary.

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Per contra, learned Government Pleader for Land Acquisition^has placed before this Court written instructions under the signature of the Special Deputy Collector, RLISP-II, Pebbair, HQ at IDOC, Wanapafthy, whereby it is stated that the then Special Deputy Collector (LA), PJP, Gadwal, had^passed award bearing No.09/2009 dt.10.06.2009 and after reorganization of new districts, the concerned land acquisition files have been transferred from Special Deputy Collector^(LA) PJP, Gadwal to Special Deputy Collector (LA), Pebbeir Head Quaters, Wanapafthy on 04.07.2017.

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By the written instructions, it is fufther stated that on verification of the concerned file bearing No.B/448/2008, the authorities could not find original petitions filed by the petitioners under Section 18 of the Act, but, however, have found the Xerox copies of the said petitions in the file.

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By the written instructions, it is further stated that from a^perusal of the file, the authorities are unable to ascertain as to whether Special Deputy Collector (LA), PJP, Gadwal, had referred the original^petitions filed under Section 18 of the Act to the civil Court at the relevant^point of time or not, is not known.

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Learned Government Pleader however submits that if this Court were to direct the respondents-authorities to reFer the petitions filed under I \

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Section 18 of the Act to the competent Civil Court, the authorities would do so.

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Having regard to the submissions made as above, since the petitioners by the affidavit filed in the present Writ petition have assefted of their petitions filed under Section 18 of the Act having not been referred to the competent civil Court till date and also taking note of the fact that the file available with the respondents-authorities does not indicate a reference having been made, this Court is of the view that the respondents-authorities in particular the 3'd respondent authority is to be directed to make a reference of the applications filed by the petitioners against the award of the 3'd respondent under Section 18 of the Act to the competent Court of civil jurisdiction for its adjudication.

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Subject to above direction, the Writ Petition is disposed of. No

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order as to costs.

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Miscellaneous petitions, if any, pending in this writ petition shall

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stand closed. fr-_ , ,, SD/- MOHD. ISMAIL ASSISTANT REGISTRAR

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To,

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//TRUE COPY// .U SECTION OFFICER

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1 The Principjr.l Seclglary, lrrigation Department, Secretariat Buildings, Saifabad, State of Telangana, Hyderabad

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The District Collector (tA), Wanaparthy District at Wanapa(hy.

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The, Special Deputy Collector/ Land, Acquisition Officer, (LA) Unit, pJp,

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cadwal, Jogulamba Gadwal District)

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One CC to SRI S.VENKATESHWAR REDDY, Advocate. tOpUCl

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Two ccs to GP FoR rRRr AND coMM AREA DEV, High court for the state of Telangana. [OUT]

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Two CCs to GP FOR LAND ACeUIS|TION, High Court for the State of Telangana. [OUTI

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Two CD Copies.

BSK )ay

HIGH COURT

DATED:2211012024

ORDER

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WP.No.17923 of 2024

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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Venkat Reddy v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Venkat Reddy v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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