Partly allowed

Malim Saleem v. Land Acquisition Officer-cumRevenue

Telangana HC22 Aug 2024WP/28759/2015

Case brief

AI extract

What is this about?

High Court disposed of a writ petition filed under Article 226 and Section 151 CPC seeking direction to respondents to deposit land acquisition compensation. Court directed deposit within eight weeks and closed miscellaneous petitions.

What did the court decide?

Respondents directed to deposit entire decretal amount to credit of E.P.No.32 of 2014 in O.P.No.12 of 2006 within eight weeks.

Malim Saleem Vs Land Acquisition Officer-cumRevenue — Land Acquisition | Telangana HC (2024)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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THURSDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION NO: 28759 OF 2015

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Between:

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Malim Saleem, S/o: Abdul Sattar, Aged about 54 years, Agriculture, Rl/o Gadwal Village and N4andal, [Vlahaboobnagar District.

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Md. Kaleem, S/o: Abdul Rahman, Aged about 55 years, Agriculture, R/o Gadwal Village and tu4andal, fvlahaboobnagar District.

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...PETITIONERS

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AND

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1 Land Acquisition Officer-cum-Revenue, Divisional Officer Gadwal, Mahaboobnagar District.

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2 The District Collector, Mahaboobnagar, Mahaboobnagar District.

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3 The Chief Administrative Officer, (Construction), South Central Railway, Secunderabad.

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The Assistant General Manager, (Management), South Central Railways, Secunderabad

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The Union of lndia, Rep by its General Manager, South Central Railway, Rail Nilayam. Secunderabad.

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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 an appropriate Writ, Order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents is illegal, arbitrary and violative of principles of natural^justice and direct the respondents 1 to 5 herein to deposit the entire decreetal amount to the credit of E.P.No.32 of 2014 in O.P.No.12 of 2006 on the file of the Senior Civil Judge, Gadwal, Mahaboobnagar District in respect of land in Sy.No. 263/2, situated in Shetty

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Atmakur Village, Gadwal Mandal, Mahaboobnagar District, an extent of Ac.2-06 guntas belongs to both the petitioners herein.

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l.A. NO: 1 OF 2015 WPMP. NO: 37269 OF 20'15

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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 pleased to direct the respondents 1 to 5 herein to deposit the entire decreetal amount to the credit of E.P.No.32 of 2014 in O.P.No.12 of 2006 on the file of the Senior Civil Judge, Gadwal, ltrlaha boobnaga r Distflct, pending disposal of main Writ petition.

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Counsel for the Petitioners: SRI G. BUCHAIAH GOUD

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Counsel for the Respondent Nos.1 and 2: GP FOR LAND ACeUISITION

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Counsel for the Respondent No.5: SRI GAD| PRAVEEN KUMAR, DEPUTY SOLICITOR GENERAL OF INDIA

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Counsel for the Respondent No.3 and 4:--

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The Court made the following: ORDER

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,4 ,l 7')'

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THE HONOURABLE SRI JUSTICE C.V. BHASI{AR REDDY

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WRIT PETITION No.28759 of 2015

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ORDER:

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This Writ Petition is filed by the petitioners, seeking following

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relief:

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"..to issue an appropiate Wit, Order or direction, more partianlarlg one in the nature of Wit of Manddmus declaing the action of the respondents is illegat, arbitrary and uiolative of pinctptes of natural^justtce and dtrect the respondents 1 to 5 herein to deposit the entire decreetal amount to the credit of E-P-N?.32 of 2014 in O.P.N1.12 of 2006 on tle Jile of the Senior Ciuil Judge, GodwaL Mahaboobnagar Distict in respect of tand in Sg.No.263/2 situdted in Shettg Atmdkur Villdge, C.ldual MdndaL Mahaboobnagar Dbtict, an ertent of Acs.2.O6 gunta-s belongs to both the petitioners herein and. pass such other order or orders a.s this Hon'ble Court mag deem fit and proper in the cir.ufiLstances of the cdse."

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The petitioner No. 1 claims to be the owner and possessor of the land to an extent of Acs. 1.O3 guntas in Survey No.26312, situated at Shetty Atmakur Village, Gadwal Mandal, Mahaboobnagar District. Respondent No.l has initiated proceedings by issuing notification under Section 4(l) of the Land Acquisition Act on 27.IO.2OO3 and Award No.3 of 2O06, dated 07.02.2006 was passed determining the compensation at Rs.26,000/- per acre for the land and Rs.50.071 / - for 3O4 Citrus Trees. It is further case of the petitioners that on reference in O.P.No. 12 of 2006 on the {ile of the Senior Civil Judge, Gadwal, Mahaboobnagar District, after conducting a detailed trial the trial court confirmed the Land

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Acquisition Officer's award against the petitioners. The pelitioners preferred an appeal before this Court and the same was numbered as L.A.A.S. No.427 of 2009. The Division Bench of this Court enhanced the compensation at the rate of Rs.4,OOO/- for each tree $y its order dated 08. 10.2013. Aggrieved by the said enhancement of compensation, the respondents have not preferred any further appeal even til1 today and also not deposited any compensation amount. Thereafter, the petitioners have liled E.P.No.32 of 2Ol4 in O.P.No.12 of 2006 on the file of the Senior Civil Judge, Gadwal for not depositing compensation amount. As the said amount has not been deposited, the petitioners are constrained to file the present writ petition.

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Since this writ petition is pending on the lile of this Court from the year 2015, and the respondents have not filed any counteraffidavit till date and the petitioners and their entire family stated that they are eking out their livelihood from the returns of the agricultural land, this Court is of the opinion that ends of justice would be met, if the writ petitign is disposed of directing the respondents to deposit the decreetal amount to the credit of E.P.No.32 ol 2Ol4 in O.P. No.12 of 2O06, on the file of the Senior Civil Judge, Gadwal, Mahaboobnagar District, within a period of

eight (08) weeks from today, if the said amount is not deposited

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already

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With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

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Miscellaneous petitions, if any, pending in this Writ Petition

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shall stand closed

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SD/.N. SRIHARI ASSTSTAN'(REGTSTRAR //rRUE COPY' _)

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SECTION OFFICER

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To, 1. Land Acquisition Officer-cum-Revenue, Divisional Officer Gadwal, Mahaboobnagar District.

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1. The District Collector, Mahaboobnagar, Mahaboobnagar District. 3. The Chief Administrative Officer, (Construction), South Central Railway, Secunderabad.

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1. The Assistant General Manager, (Management), South Central Railways, Secunderabad

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1. The General Manager, South Central Railway, Rail Nilayam, The Union of lndia, Secunderabad.

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1. One CC to Sri G. Buchaiah Goud, Advocate [OPUC] 7. One CC to Sri Gadi Praveen Kumar, Deputy Solicitor General of lndia[OPUC 8. Two CCs to GP for Land Acquisition, High Court for the State of Telangana, at Hyderabad [OUT]

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1. Two CD Copies

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TJ GJP HT

HIGH COURT

DATED:2210812024

ORDER

WP.No.28759 of 2015

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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Malim Saleem v. Land Acquisition Officer-cumRevenue

Case brief

What is this about?

What did the court decide?

Malim Saleem v. Land Acquisition Officer-cumRevenue

Case brief

What is this about?

What did the court decide?

What the court decided

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