Disposed

S.K. Hussain v. State of Telangana

Telangana HC9 Sept 2024WP/30785/2021

Case brief

AI extract

What is this about?

The High Court held that to meet ends of justice, petitioners are directed to submit a representation with documents to satisfy eligibility criteria for employment under relevant Government Orders. Respondents are directed to examine the case and pass appropriate orders within eight weeks.

What did the court decide?

Petitioners directed to submit representation with documents; respondents directed to examine claims and pass appropriate orders within eight weeks.

S.K. Hussain Vs State of Telangana — Land Acquisition | Telangana HC (2024)

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t3296 I

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HIGHcouRTFoRTHESTATF^E.FF,.-.-

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r"o"i,.L'6ffi , 35 lf ,.!#S,flTi Ar HyD ERABA D

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MONDAY, THE rw o ri, i, L-.1 IHX yf E^?trlEUR. *

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PRESENT

Between:

THE HONOURABLE SR,JUSilCE C.V. BHASKAR REDD

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wRIT PETlTloN NO: 30785 OF 2021

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] !I,inrlhril",r:?|a?,f"yf;:r&."JB1rs^{*o Sambaisudemvi,ase,}

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'[,$*]axuy;.lllrm,;r;iilxl##^l',i!:,ffi

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:.f Hj,R],*,,",r#

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"iJi:F,H,.:lx?L:S:lit#il1fi^{8,x",r,ff it35tx]1"o!"5,'spetitionerNo2} s a m ba is u dem Vi,, as e

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' f, * #rm; ii3, Bi3!?#;*li *#S,;Jo,,"r;1,' ""

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AND

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...PETITIONERS

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' 3:11?,:1,,1:lilySgil:,^{bv its principar secretary,} Revenue Departmenr,

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The District Collector, Bhadradri Kothagudem District

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llir"3x5;?i5:!|:,:, "*^{Land Acquisitionorricer, parvancha,} Bhadradri

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a fhe. Telangana State power Generation Comor: rr:;

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rr a vi ng Co ffi ilt"- 5hI.L at vid yu t s o u d h a H ro;*,o"rt and Managing Director :t"r., [:.sr.]fr: ]

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The Land Acouisition Rehabilitation and Resetflement Authoritv. Chief commissioner, Lano Rcquiiitid C"rn jr"i' Nrir jJiiv, HvJi,toiii. ,v, 'r,, v, "v'

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(R5 is impleaded as per C.O. dated Og.Og.2O24 in IA No.l of 2O231

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...RESPONDENTS

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Petition under Articre 226 of rhe constitution of rndia praying that in the . circumstances stated in the affidavit filed therewith, the High court may be ,. pleased to issue an appropriate writ or order or direction more particurarry one i1 the nature of wRrr oF MANDAMUS to decrare the action of the Respdtdents in nOt cons\dering the c\aim of the Petitioners tor employment^{underDisptaced}

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ation^{and Command Area} rms^{of G O Ms No gB lrrlg} Persons^{Categoryin te} ment^{dated 15/04/1986an} d in^{terms of G'O Ms'No} DeveloPment^(PW)DePart -LA-IV-R^{& R) DePartment} nd Area^{Development(PW} rovisions^{of Right to Fair} 247^{lrrigation and Comma} arbitrary,^{contraryto theP} tion.^{Rehabilitationand} daled^{2911212008 as illegal'} arencY^{in LandAcqutst} 16 of^{the Constitutionof} ComPensation^{and TransP} violative^{of Articles 14 and} Resettlement^{Act' 2013 and} onsider^{the claim of the} lndia^{and consequently d} lrect^{the Respondents to c} lrrigation^andCommand Petitioners^{for emPloYment in terms of G O'MsNo 98} 96^{and G O Ms No' 247} Area^{DeveloPment(PW)DePartmentdated 15/04/19} R &^{R) DePartment dated} lrrigation^{and Command Area DeveloPment (PW-LA-IV-} 2511212008

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IA NO:^10F2021

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Petition^{underSection 151 CPC praying that in the circumstancesstated} in the^{affidavitfiled in support of the petition'the High CourtmaY be Pleasedto} direct^{the Respondentsto consider the claimof the Petitionersfor employment in} terms^{of G.O.Ms No 98 lrrigation and Command AreaDeveloPment(PW)} Department^{dated15 04 1S06 and G'O Ms'No.247 lrrigation and Command Area} Development^{(PW-LA-lV-R and R) Departme nt dated 29.12.2008'}

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Counsel^{for the Petitioner: SRI P'PANKAJREDDY}

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Counsel^{fortheRespondent No'1 & 2: GP FOR REVENUE}

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Counsel^{for the Respondent No'3: GP FORLAND ACQUISITION}

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Counsel for^{the Respondent No'4:SRI R'PAVAN REDDY'SC FOR TSGENCO} The Court^{made the following: ORDER}

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THE HON'BLE SRI JUSTTCE C.V.BHASKAR REDDY

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WRIT PETITION No.3O78 5 of 2O2t -ar* ORDER:

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This Writ^petition is filed seeking to declare the action of the respondents in not considering th.e claim of the petitioner for employment under the Displaced persons Category in terms of G.O.Ms.No.98, Irrigation and Command Area Development (PW) Department, dated 15.04.19g6 and rn terms of G.O.Ms.No.247, Irrigation and Command Area Development (PW-LA-rv-R&R) Department, dated 29.12.2OOg as illegal, arbitrary and contrary to the provisions of the Right to Fair Compensation and Transparencv rn Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, "the Act,) and prayed for other appropriate reliefs

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Petitioner No. I claims to be the absolute owner and possessor of agricultural land to an extent of Ac.O.3O gts. and Ac.0.09 gts. in Sy.No.8S3/3/25 situated at Sambaigudem Village, Manuguru Mandal, Bhadradri Kothagudem District. Petitioner No.2 claims to be the absolute owner and possessor of agricultural land to an extent of Ac.O.22 gts. in Sy.No. gS3/3/31 situated at very same village. petitioner No.3 claims to be the absolute owner and possessor of a qultural land to an extent :r

CV wp 307E5 202

of Ac.3.25 gts. in Sy.No.853/7/ 139 and Sy.No.853/7/ t4t situated at very same village. It is the further case of the petitioners that respondent No.4 has proposed to establish a new power plant at Manuguru Mandal, Bkadradri Kothagudem District and has sent a requisition to the State Government for acquiring the land within the vicinity of the Manuguru Mandal for the said yrurpose. It is stated that as the lands of the petitioners arc suitable for the purpose of construction of Bhadradri Thermal Power Plant, the respondents havc initiated the proceedings lor acquiring the lands of the petidoners in accordance with the provisions of the Act. It is the further case of the petitioners that the State Government has issued G.O.Ms.No.98, Irrigation and Command Area Development (PW) Department, dated 15.O4.1986 and in terms of G.O.Ms.No.247, Irrigation and Command Area Development (PW-LA-IV-R&R) Department, dated 29.12.2OOa whereunder the displaced persons were given benefit of providing emplovment in Bhadradri Thermal Power Plant. The grievance of the petitioners is that even though they have fulhlled all the requirements of the above said Government Orders, the respondents herve not considered their case for providing employment in terms of the said Government Orders.

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CVBR,J wP-10?t5-2021

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Sri R. Pavan Reddy, learned Standing Counsel for the Telangana State Power Generation Corporation Limited (TSGENCO), appearing for respondent No.4, on instructions, would submit that the lands of the petitioners and others were acquired for the purpose of establishment of the power project and in terms of the said G.Os., in cases where land losers do not opt for employment, awards have been passed. Learned Standing Counsel further submits that out of 13 land losers,6 opted for the award and remaining 7 opted for employment in terms of the said G.Os., whereas the petitioners herein have not opted for employment in respondent No.4-Corporation. In fact, the petitioners have accepted the compensation amount determined under the provisions of the Act. In view of the same, the case of the petitioners has not been considered for providing employment in terms of the policy laid down by the Government in the above said Government Orders.

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Without going into the issues raised in this Writ Petition and since it is case of the petitioners that they have fulfilled all the requirements of the policy laid down in G.O.Ms.No.9S dated 15.04.1986 and G.O.Ms.No.247 dated 29.12.2OO8, this Court is of the opinion that the ends of justice would be met, if the petitioners are relegated to make representation enclosing all

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C wp 10785

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the documen [s to satisfy the eligibility criteria for providing employment in terms of the policy of the government. If such an application is being filed and if the petitioners are otherwise eligible to bc considered in terms of the policy laid down by the Government under the above said government orders, the respondents are directed to examine the case of the petitioners and pass appropriate orders within a period of eight (0g) weeks from the date of receipt o[ a copy of this order and communicate the decision thcreon to the petitioners.

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With thc above observations, the Writ petition is disposed

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of. There shall be no order as to costs.

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Pending miscellaneous applications, if any, shall stand

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closed.

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SD/. P. GOWRI SHA R ASSISTANT REGI RAR

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//TRUE COPY//

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SECTION FFICER

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To, 1' The Principal Secretary, Revenue Departmeht, Secretariat, Hyderabad, State of Telangana.

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Z. ine Oistiict^{Collector, Bhadradri Kothagudem Dislrict} 5. fnu^{-SrU-Collectorana-LinO AcquisitionOfficer,Palvancha,Bhadradri} Kothagudem District

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- ff,e dnlirman and Managing^{Director,Telangana State Power Generation} - di;;;i;;llrit"o iiScEttdol' havins corporate office at vidvut soudha' Hvderabad.

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