Y.Thammaiah and 3 Others Vs the State of Tg., Rep by Its Prl.Secretary and 2 Others

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 pass an brder particularly writ in the nature of Mandamus declaring the action of the respondents no.2 and 3 and their subordinates in interfering over the land of the petitioners in land Sy.No- 531/E/1 ( subsequently it is subdivided as Sy.No- 531lEl1 ,531|E, 531/EE, 531/U and 531/UU) total admeasuring 02Ac.7O Cents., dry, consisting of more than '10,000 Eucalyptus trees bounded at East- Land of Srinivas Rao, West- Land of Vijaya Kumar, North- Remaining land in Sy.No- 531 and at South- Land of Vijaya Kumar situated at Doultabad Proper and Mandal, District- Mahabub Nagar, without acquiring the same as per the^provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act ( 30 of

¶20

as illegal, high handed and arbitrary and^pass any suitable orders in the circumstances of the case in the interests of^justice.

¶21

l.A. NO: 1 OF 2015(l /PMP. NO:43683 0F 2015)

¶22

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} pass an order directing the respondent no.3 and others on his behalf not to interfere in our^possession over land Sy.No: 531lEl1 ( subsequently it^is subdivided as Sy.No: 531|E|1,531/E,531iEE,531/U & 531/UU)^total admeasuring O2Ac.70 Cents., dry, consisting of^{more than1 0,000Eucalyptus} trees bounded at East: Land of Srinivas Rao,^{West: Landof VijayaKumar, North:} Remaining land in Sy.No: 531 and at South: Land of^VijayaKumar situated^at Doultabad Proper & Mandal, District: Mahabub Nagar, till finalization of the Writ Petition.

¶23

Counsel for the Petitioner: SRI BAJRANG SINGH THAKUR Counsel for the Respondents: AGP FOR REVENUE

¶24

The Court made the following: ORDER

¶25

I

¶26

THE^{HON'BLE SRI JUSTICEN.V. SHRAVANKUMAR} WRTT PETITION^{No.33908 of 2015}

¶27

ORDER:

¶28

This writ^{petition is fiied seekingthe following}

¶29

prayer:

¶30

"WRIT^{OF MANDAMUSdeclaingttte action qf the} respondents^{Nos.2 and 3and their subordinatesin} inlsrfeino^{ouer the land of the petitionersinland} Su.No.S31/^{E/ 1(subsequentluif issubdiuidedas} Su.No.531/E/1,^{531/E, 531/EE, 531/U and 531/UU)} total^{admeasuing02Ac.70 Cents dry consistingof more} than^{1O,000Ducalyptus trees boundedat East:Land of} Siniuas^{Rao, West:LandofViiaua Kumar,Nofih:} Remoining^{land in S.q I[o 531 and at South:Landof ViiaUa} Kumar situated^{at Doultabad Proper and Mandal,Distict} Mahabub^{Nagar tuithout acquiinq the same as per the} prouisions of the Riqht to Fair^{Compensationand} 'Transparenctt in Land Acquisition Rehabtlitation and Resettlement^{Act 30 of 2013 as illegal high handed and} arbitrary and."

¶31

Z.^{Heard learned counsel appearing for the petitioners} 4rd^{learned Assistant GovernmentPleaderfor Revenue} appeaingfor^{respondents.Pemsed the record'}

¶32

g. Learned counsel appearing for^{thepetitioners} submits^{that earlier the father of the petitioners has filed} a Writ^{Petition vide W.P.No.352 of 1998 and this Court,}

¶33

.1

¶34

N/SK,J W.P.No.339O8 of 2015

¶35

2

¶36

vide order dated 06.12.2004 disposed of the said Writ Petition directing the respondents to follow due process before initiating any proceedings under Land Acquisition Act.

¶37

Learned counsel appearing for the petitioners further submits that subsequently the subject property was partitioned among the petitioners. Now, the grievance of the petitioners in the present Writ Petition is that the respondents are trying to interfere with the sub.ject lands. Learned counsel further submits that the petitioners gave a representation dated 03.1O.2O15 to respondent No.3 and also legal notice dated 08.10.2O15 to the respondent Nos.2 and 3 restraining the respondents from their illegal acts of trying to interfere into the possession of the petitioners' land. In pursuance of the sarne, petitioners filed the present Writ Petition praying this Court to direct the respondents to follow due process of lar.v before initiating any action.

¶38

NVSK,J w.P.No.339O8 of 2015

J

, I

----'---------

5 Learned Assistant Government pleader for Revenue appearing for respondents submits that respondent authorities will consider and pass appropriate orders on the representation dated 03.10.2O15 made by the petitioners, in accordance with law.

¶43

Recording the submissions made by learned counsel appearing on either side and without expressing .any opinion on the merits of the case, this writ petition is disposed of directing the respondents to dispose the representation dated 03. 10.2015 made by the petitioners and pass appropriate orders, strictly in accordance with law. Respondents are further directed not to interfere with the subject property of the petitioners without following due process of law. However, this order does not preclude the respondent authorities to initiate any action under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation ald

j

IF

4

NVSK,J w. P.No.33908 of 20t5

¶48

Resettlement^{Act 30 of 2013. There} shal be no order as to costs.

¶49

Miscellaleous applications, if any pending, shall stand^closed'