Writ petition seeking referral under Section 18 LA Act for enhanced compensation on land acquired decades earlier. No documentary evidence of the husband's application existed; the court dismissed the petition without costs.
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[32e61
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
SATURDAY, THE TWENTY FIRSI DAY OF SEPTEIMBER TWO THOUSAND AND TWENry FOUR
PRESENT
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION NO: 3225 OF 2009
Between:
Lone Tulasibai, Wo. Late Babu Rao, Aged about 50 years, Occ: Household R/o. Nandigama Village, Nallabelli Mandal, Warangal District.
...PETITIONER
AND
...RESPONDENTS
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 or order or direction specially one in the nature of Writ of Mandamus directing the respondents to refer the application dated 5.1..1989 filed by the late husband of the petitioner filed under Section 18 of the Land Acquisition Act in respect of the acquired land admeasuring Ac.1.04 gts of Sy.No.35 situated at Nangdigama Village, Nallabelli Mandal, Waranal District to the competent civil court by duly considering the representation of the petitioner dated 29.12.2008 and declare the action of the respondents in not considering and referring the application and representation of the reference to the competent civil court as violative of Art. 14, 21, 300-A of the Constitution of lndia and contrary to the aims and objects of the Land Acquisition Act,'1864.
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l.A. NO: 1 OF 2009(WPMP. NO: 4203 OF 2009)
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 to consider the representation of the petitioner dated 29.12.2008 for taking steps to refer the matter u/s 18 of the Land Acquisition Act to the competent Civil Court, pending disposal of W.P.
Counsel for the Petitioner: SRI L. PRABHAKAR REDDY
Counsel for the Respondents: GP FOR LAND ACQUISITION
The Court made the following: ORDER
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THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.3225 of 2OO9
ORDER:
This Writ Petition is field seeking to direct the respondents to refer the application dated 05.0i.1989 filed by the husband of the petitioner under Section 18 of the Land Acquisition Act, 1894 (for short, "the Act") in respect of acquired land admeasuring Ac. i.04 gts. in Sy.No.3S situated at Nandigama Village, Nallabelli Mandai, Warangal District to the competent Civil Court by duly considering the representation of the petitioner dated 29.72.2OO8 and declaring the action of the respondents in not considering and referring the application to the competent Civil Court is in violation of articles 14,2! and 3OO-A of the Constitution of India and for other appropriate reiiefs.
CVBR.J sp_3225 1009
1
Section 18 of theAct for determining just compensation' It is the further case ofthe petitioner is that the respondents have not consideredthe application dated 05.01' 1989 submitted by her husband andthe petitioner has also made a representation, d,ated 29.12.2008 byenclosingthe death certificateof her husband and requestedthe respondents to refer the case under Section 18 of the Act, butthe same has not been consideredby the respondents.Hence, the present Writ Petition.
CVBI(J wp 1225 200S
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-l
no order as to costs.
Pending miscellaneous applications, if any, shali stand
closed.
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SD/.P. PADMANABHA REDDY ASSISTANT REGISTRAR //TRUE COPY// .\ SECTIONTOFFICER
//
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HIGH COURT
DATED:2110912024
ORDER
WP.No.3225 of 2009
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DISMISSING THE WRIT PETITION
WITHOUT COSTS
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1 issue framed by the court
Whether the respondents should refer the husband's purported Section 18 Land Acquisition Act application to the competent civil court for determination of compensation.
3 provisions across 2 enactments
Lone Tulasibai
The Special Deputy Collector / Land Acquisition Officer, Sriram Sagar Project, Warangal District
The District Collector, Warangal District
C.V. Bhaskar Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
