Marri Ilaiah Vs The State of Telangana

Petition under Nticre 226 0f the constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ, order or Direction more particurarry one in the nature of writ of lvrandamus decraring the inaction of the Respondents in handing over to the Petitioner of his unutirized acquired rand., extent of Ac.1-139ts of rand comprised in survey number 493 at varikolu village of Koheda Mandal, Karimnagar district, now Siddipet district and in making payment of damages /compensation of Rs_70,00,000/_ to the petitioner as arbitrary, illegal and violative of the provisions of the Right to Fair compensation and rransparency in Land Acquisition, Rehabiritation and Resetflement Act, 2013 and Articre 14, 21, 3004 of the Constitution of lndia, and the principles of naturat justice, equity, and

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fairness and consequently direct the Respondents to hand over possession of the land extent of Ac.1-13gts comprised in survey number 493 at Varikolu village of Koheda lvlandal, Karimnagar district, now Siddipet district and to pay damages /compensation of Rs.70,00,000/- to the petitioner.

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lA NO: 1 OF 2025

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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 Respondent No.4 to consider the Petitioner's Representation dated 17/0012025 for resumption of land and payment of compensation to the Petitioner.

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Counsel for the Petitioner: SRI R. LAXMINARASIMHA RAO

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Counsel for the Respondents: GP FOR LAND ACQUISITION SRI M. SRINIVAS, AGP FOR HOME

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The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

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WRIT PETITI ON No. 3O23O of2O2S

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ORDER:

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This writ petition is hled seeking the following prayer:

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". ..declaring the inaction of tLrc Respondents in handing ouer to the Petitioner of his unutilized acquired land extent of Ac 1'13 gts., of land. comprised in Sg.No.493 at Vaikolu uillage of KoLed.a Manda| Karimnagar distict nota Siddipet district and in making payment of damages/ compensation of Rs 7O,00,O00/- to tlrc petitioner as arbitrary, illegal and uiolatiue of the prouisions of the Rightio Fair Compensation and Transparencg in Land. Acquisition Relnbilitation and Resettlemerut Act, 2013 and Article 14, 21, 3OOA of the Constitution of India and tle pinciples of natural justice equitg and. faimess^{and consequently} direct Respoid.ents to Ln.nd ouer possession of the land ertent of Ac.1-13 gts., compnsed in Sg.No.493 at Varikolu uilLage of KoLeda MandaL, Kaimnagar dtstict notu Sid.d.ipet distict (subject property) and to pag d.amages / compensation of Rs 7O,OO,OOO/ - to th.e petitioner..."

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Heard learned counsel for the petitioners and Mr.M.Srinivas, learned Assistant Government pleader for Home appearing on behalf of respondent Nos. I to 3. With their consent, this writ petition is taken up for disposal.

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The facts of the case in brief as stated are that petitioner claims to be owner and possessor of subject property and that respondent authorities acquired the land of the petitioner by issuing^5rotification under Section 4 for the purpose of building

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Bund Reservoir under Thotapalli Balancing Reservoir. An award was passed orl lO.O3.2Ol2 directing an arnount of Rs.35,48,263/- to be paid to the awardees as per the apportionment shown in the statement appended to the award. It is submitted thzLt though petitioner's narne was mentioned in the said apportionment, no compensation has been paid to the petitioner. In that regard, petitioner submitted a representation to the respondent authorities on 17 .O5.2O25 with a request to resume possessiorl of the said acquired la-nd and also pay damages of Rs.7t),00,0O0/ for iilegal occupation. Since no action is forthcoming on the said representation, the present writ petition is filecl.

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Though various grounds are raised in the writ petition, learned counsel for-the petitioners restricts his prayer seeking a direction to respondent authorities to dispose of the petitioners, representation dated 17 .O5.2025 in a time bound period.

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Learned Assistant Government Pleader for Land Acquisition appearing on behalf of respondents submits that if the said representation is still pending for consideration, the respondent authorities may be directed to dispose of the

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petitioner's representation, dated lT .OS.2O2S and pass

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approprlate orders in accordance ,,Vith lar,rr

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In view of the submission made by the learned counsel on either side and without going into the merits or the case, this writ petition is disposed of directing the respondent authorities to dispose of the petitioner,s representation, dated 17.05.2O25 and pass appropriate orders strictly in accordance with law, as expeditiously as possible, preferably within a period of four (04) weeks from the date of receipt of a copy of this order after giving a fair opportunity of hearing to the petitioner.

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