Puchala Jangaiah, Vs The State of Telangana

Puchala eucnamma,frTo^{t-ite puctritaBikshapathi @ alias Buchaiah'Age-d} - i6,l|.it 1 -Zi , en"o]isudi^{vittase,Xanoukur Mandal' R'R'} 's+ v*[, Rv.'i. 'N;

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District.

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...PETITIONER

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AND

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The State of^{Telangana, Rep by its Principal Secretary of Revenue} Department, Secretariat,^Hyderabad.

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1;6 Districi colleci;i-'il;g,^{Redy District,at Kongara Kallan village'} lbrahimpatnam, Ranqa^{Reddy District.}

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ih; I;;a Ai<iuiiiti;n^{offi;64 ind Revenue Divisionalfficer, Kandukur} Division, R.R District.

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+. ianiitOar, Kandukur^{Mandal, Ranga Reddy District'}

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...RES'ONDENTS

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Petition under^{Article 226 of the constitutionof lndia praying that in the} circumstancesstatedintheaffidavitfiledtherewith,theHighcourtmaybe pleased to issue writ or order^{or directions especially one in the nature o writ of} MandamusdeclaringtheactionofRespondentsthatiltegallytryingtoacquirethe land admeasuring^{Ac 1-39 Gts of land in survey Numbetgl4} of petitioner No1} andAcl.3TGtsoflandinsurveyNumberg/40ofpetitionerNo2,situatedat Thimmaipally^{village, Kandukur Mandal, Ranga Reddy Districtfor acquiringthe} land for^{proposals for installation of 120 fault timiting line series rectors on both} circuits of^{400 KV Maheshwaram(PGCIL),4OO KV Maheshwaram (TS)OMDC'} thusillegallyissuedpublicnoticevideProc.NoBlT2lt2o23,dated22.6.2024, without^{properprocedurefor acquisition, compensation'rehabilitation'} resetflement and^{not takeninto considerationour objections for acquisition of} land, simply^{marking and digging the land is illegal'arbitrary and violatethe}

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rticle 14 and 300r\ of constitution of lndia and besides being opposed to the principles of natural justice and direct the respondents choose alternative instead of petitioners land and not to interfere until settlement of the issue lA NO: 1 OF 2024

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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 not to interfere into petitioners land Ac 1-39 Gts of land in survey Number 9140 of petitioner No '1 and Ac'l-37 Gts of land in survey Number 9/40 of petitioner No 2, situated at rhimmaipally village, Kandukur Mandal, Ranga Reddy District through Notice No 8t721t2o23, dated 2zto6l2o24 unlil dispose of the writ petition

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counsel for the Petitioner: Ms. N. MAHESWART REp sRr. K. MALLTKARJUN Counsel for the Respondents: Gp FOR LAND ACeUISITION

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The Court made the following: ORDER

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;l/ ,/i ,r'

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THE HON'BLE^{SRI JUSTICE T. VINOD KUMAR}

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WRIT PETITION^{No.2 0,659 0F 2024}

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ORDER:

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Heard Ms. N.^{Maheswari, Iearned Counselrepresenting} Sri K. Mallikarjun,^{learned Counselfor the petitioners' learned} Government^{Pleader for LandAcquisition appearing on behalf of} respondents^{and peruscdthe record'}

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The case of the^{petiLioners,in brief is that the respondent} authorities^{are illegally Lrying to acquire the land of the} petitioners^{admeasuringAc l} '39^{gts' belonging to the lst} petitioner and^{land admeasuringAc l'37 gts' belongingto the} 2nd petitioner^{in Sy.No-9 /4O situatedat Thimmaipallyvillage'} Kandukur Mandal,^{Ranga Reddy District lor the, purpose of} installation ol^{120 lault limitingline series reactorson both the} circuits of^{4oO KVMaheshrvaram(PGCIL)' 4O0 K'V'} Maheshwaram^(TS) QMDC^{linc ior the beneht of TS TRANSCO} and have^{issued Au'ardenquirynoticeunder Section21 of the} of Right^to Fair Compensation,^{and Transparency inLand} Rehabilitation^{and Resettlement Act, 2013} (for Acquisition, for short^'the Act') u'ilhout^{fotlowing proper procedure} acquisition, pa),ment of^{compensation, determination} of rehabilitation^{and resettlenlcnt benefitsand by not considering}

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the objection submitted by the petitioners orr 22.OT .2024 viz., the date of hearing as per Award enquiry notrce dated 22.06.2024 , as being illegal, arbitrary and vi.lation ,:>f Articles 14, 3OO-A of the Constitution ol India and also oppose to principles cf natural justicei

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Per c:ontra, the .learned Government pleader lor Land Acquisition appearing on beharf of respondents submirrs that the land acquisition proceedings were initiated b1, getting preliminary notification in Form c published in Andhra. prabha, Telugu Dail.g newspaper and .Hindu, English I)aily nr:wspaper on 14.O2.2O24 and thereafter a declaration under Section 19 of the Act rvas also published on 14.O2.2O24 in .Andhra prabha, Telugu DailJr newspaper and 21.06.2024 in ,Hinclu, English Daily neu,speLper.

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lcarneC Government pleader furthcr submits that after publication of the declaration, the authoritics have issued Award enquiry notice dated, 22.06.2024 under Section :2 1(1) of the Act direc,ting the interestcd partics ro appcar before Lhe authority on it2.OZ.2024 .

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Learned Government pleader furrher submits that on the said date hxerl for causing Award cnquin.. the p,,11116ner.s have submitted their ohjection to the Iand acquisitior.r proceedings

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initiated and that the said objections submitted^{by the} petitioners are under consideration.

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lrarned GovernmenI further submits that since the authorities have not yet^passed the Award, the^objections submitted by the petitioners in response to^{the Award enquiry} notice dated 22.06.2024 would be duly considered at the^{time of} passing of the Award.

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Learned Government Pleader lurther submits that since the petitioners by the aforesaid objections hled^{are claiming the} subject property in respect of^which a^{patta wasissued in the} name of one Puchala Chennaiah and^{after his demise the said} Iand being succeeded by the^{husband of the f"a pgLitioner being} orte of the son of late Chcnnatah^{and the lst petitioner beingthe} son of the original assignment^{patta lrolder,the authorities took} into the aforesaid claim.

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[,earned Government Pleadcr further submits that^the aforesaid land was originalll' assigned in favour of^Puchala Chennaiah is recorded as^{'sarkari'in revenuerecordsand that} out of the extent of Ac.6.O9 gts^{assigned in favour of late} Chennaiah under lavani^{patta, the authorities are now seeking} to resume the land to^{an extent of Ac 3.36 gts only.}

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g. I have taken note of^{the respective contentionsurged.}

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Wi[hout delving into the merits of the ri.al claims, since on behalf ol' the respondents, it is stated that the o ojections submitted by the petitioners in response to the Award enquiry notice issueci under Section 2l (l) of the Act dated 22.O(t.2O24 is pending corrsideration inasmuch as no Award havi ng been passed as of date, this Court is of the view that the respondent authorities are to be directed to consider the aforesaid objection hled while passing of the Award and take fu rther a,ltion in respect of the proposed acquisition in accordanc<: s,ith lerw. 11. Subject to the above direction, the .v\rrit petition is disposed of. No costs.

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Miscellaneous petitions, if any, pending in th:is Writ Pc[ition shall stand closed. I t/ SD/.V. K4MITHA ASSISTANT REGFTRAR \r\i

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//TRUE COPY//

SECTION OFFICER

To,

The Principal Slecretary of Revenue Department, Secretariat, T S.,Hyderabad. 2. The District Collector, Ranga Redy District, at Kongara Kallan village, lbrahimpatnanr, Ranga Reddy District.

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