Telangana High Court

WP/18739/2002 of Racherla Srinivas, Vs The District Collector, on 26 December 2007

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C.V.NAGARJUNA REDDY WRIT PETITION No. 18739 of 2002 26.12.2007 Between: Racherla Srinivas & another … Petitioners AND The District Collector, Warangal & another … Respondents Counsel for the petitioners : Sri J. Venkateswara Reddy Counsel for the respondent No.2 : Sri V.

HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY

WRIT PETITION No. 18739 of 2002

26.12.2007

Between:

Racherla Srinivas & another

… Petitioners

AND

The District Collector, Warangal & another … Respondents Counsel for the petitioners : Sri J. Venkateswara Reddy Counsel for the respondent No.2 : Sri V. Durga Nageswara Rao

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O R D E R:

This writ petition is filed for a writ of mandamus to declare theaction of the respondents in not paying compensation in respect of theland acquired in Survey No. 212 of Laxmipuram Village, Kasibugga ofWarangal Municipal Corporation on which respondent No.2constructed water tank as illegal and arbitrary.

Heard Sri J. Venkateswara Reddy, learned counsel for thepetitioners and Sri V. Durga Nageswara Rao, learned counselrepresenting respondent No.2.

A perusal of the record shows that there was exchange ofcorrespondence between the petitioners and respondent No.2 inrespect of payment of compensation. It could be seen from the saidcorrespondence that respondent No.2 was insisting on production ofrelevant documents and to get the land demarcated by the MandalRevenue Officer for payment of compensation. The Mandal RevenueOfficer, Warangal, in his letter dated 01.04.2002 addressed torespondent No.2 mentioned that the land in Survey No. 212 situated atLaxipuram Village was got demarcated with Mandal Surveyor,Warangal and that a water reservoir was found therein.

In the counter-affidavit filed by the Chief Executive Officer ofWarangal Zilla Parishad and In-charge Commissioner of WarangalMunicipality (presently Warangal Municipal Corporation), it ismentioned that though the petitioners were asked to submit relevantlink documents showing how they derived title from the originalpattadar in respect of Survey No. 212, the latter did not produce thesame. Learned counsel for the petitioners, however, disputed this pleaand stated that along with letter dated 29.01.2000, the petitionersproduced copies of survey report of Mandal Revenue Officer, pahanis,link documents and plan.

Having carefully perused the record, I am of the view thatrespondent No.2 ought to have decided the claim of the petitioners forpayment of compensation with reference to the documents which thepetitioners appeared to have produced along with their letterdated 29.01.2000.

Therefore, the writ petition is disposed of with the direction torespondent No.2 to decide the claim of the petitioners forcompensation after giving notice to them and considering thedocuments, if any to be produced by them within a period of fourweeks from the date of receipt of a copy of this order.

As a sequel to disposal of the writ petition, W.P.M.P.No. 34553of 2007 filed by the petitioners for interim relief is disposed of asinfructuous.

26.12.2007

C.V.NAGARJUNA REDDY, J

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