Telangana High Court
WP/12274/2009 of Vemanuri Leelabai, Vs State of Andhra Pradesh, on 29 December 2023
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K. SARATH WRIT PETITION NO:12274 OF 2009 Between: Vemanuri Leelabai, W/o. Late Venkata Kishtaiah, aged about
HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction)
FRIDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE K. SARATH
WRIT PETITION NO:12274 OF 2009
Between:
Vemanuri Leelabai, W/o. Late Venkata Kishtaiah, aged about 75 years, rlo.Rechini Village, Tandur Mandal, Adilabad District.
...pETlTlONER
AND
1. State of Andhra Pradesh, Rep by its Principal Secretary to Government,Revenue Department at Secretariat, Hyderabad.Revenue Department at Secretariat, Hyderabad.
2. The District Collector, Adilabad District at Adilabad.
3. The Land Acquisition Officer and, Sub Collector, Asifabad, Adilabad District4. Smt. Pirsingula Susheela, Wo late Venkaiah, Aged about 67 [years, ]Occ:Agriculture, R:/o Komaravelly, Rebbena Mandal, Adilabad District.4. Smt. Pirsingula Susheela, Wo late Venkaiah, Aged about 67 [years, ]Occ:Agriculture, R:/o Komaravelly, Rebbena Mandal, Adilabad District.
(R4 is impleaded as per Court Order dated 18/08/2009 inwP.MP.19034/2009)
...RESPONDENTS
Petition under Artide 226 of the Constitution of lndia [praying ]that in thecircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue a writ in the nature of Writ of Mandamus or any other appropriateWrit or Writs, order or direction, declaring the action of the respondents in notpaying compensation to the petitioner in respect of the land admeasuring Ac. 1.25guntas in Sy.No. 376 Situated at Nar€yanpur Village, Rebbana Mandal, AdilabadDistrict, which was acquired [pursuant ]to 4 [(1) ]Notification [published ][in ][AP ]Gazetteon ['l-5-2008 ]as illegal, arbitrary and without [jurisdiction ]and to consequently [direct]the third respondent to forthwith made [payment ]of compensation [amount ][of ][the]petitioner, as fixed under the Award in Pro No. B/1679107 dt. X)4-2O08 on the fileof the third respondent, award costs.
l.A NO: 1 OF 2009(wPMP. NO: 15863 OF 2009)
Petition under Section 151 CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be pleased to orderto issue interim directions to the third respondent to forthwith made payment ofcompensation amount of the petitioner, in respect of the land admeasuring Ac.to issue interim directions to the third respondent to forthwith made payment ofcompensation amount of the petitioner, in respect of the land admeasuring Ac.1.25 guntas in Sy.No. 376 Situated at Narayanpur Village, Rebbana Mandal,Aditabad District, as fixed in the Award in PRO No_ 8l16l9t17 dt. 26-8-2008 on thefile of the third respondent, pending disposal of Wp No. of 2009.Aditabad District, as fixed in the Award in PRO No_ 8l16l9t17 dt. 26-8-2008 on thefile of the third respondent, pending disposal of Wp No. of 2009.
Counsel for the Petitioner: SRI K.RAGHUVEER REDDyCounsel for the Respondent Nos.l TO 3: AGP FOR LAND ACQUISITIONCounsel for the Respondent No.4: SRI S.SHARAT KUMAR (NOT PRESENT)
The Court made the following: OROER
THE HON'BLE SRI WSTICE K.SARATH
W.P.No.l2274 of 2OO9
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ORDER:
This writ petition is filed with the following prayer:
" to issue a Writ of Mandamus or any otherappropriate Writ or Writs, order or directiondeclaring the action of the respondents in notpaying compensation to the petitioner in respect ofthe land admeasuring Ac.l-25 guntas in Sy.No.396Situated at Narayanpur Village, Rebbana MandalAdilabad District which was acquired pursuant toAdilabad District which was acquired pursuant to4( 1) Notification published in Ap Gazette on1.5.2OO8 as illegal, arbitrary and withoutjurisdiction and consequently direct the thirdrespondent to forthwith made paJrment ofcompensation amount of the petitioner as fixedunder the Award in Pro. No.B/1629 /Ozdt. 26.Oa.2OO8 on the hle of the third respondent".under the Award in Pro. No.B/1629 /Ozdt. 26.Oa.2OO8 on the hle of the third respondent".
2. Heard lrarned counsel for the petitioner, learned
2. Heard lrarned counsel for the petitioner, learned Assistant Government Pleader for Land Acquisition forthe respondent Nos.1 to 3 and none appears for therespondent No.4.the respondent Nos.1 to 3 and none appears for therespondent No.4.
3. Learned Counsel for the petitioner submits that the land to an extent of Ac.l.25 gts in Sy.No.396situated at Narayanpur Village, Rebbana Mandal,Adilabad District belonging to the petitionerwas acquired for the purpose of formation of New Tank at Ratnalakunta across local stream nea_r KomuravelliVillage and an award was passed on 26.08.2008showing the petitioner as pattedar of the said land, butno compensation is paid to her even after submissionof pattadar passbook and title deed. The statementenclosed to tl:e award shows that the amount has beenkept in civil deposit. Learned counsel submits that thesuit filed by the unollicial respondent against thepetitioner was dismissed vide judgmentdated O3.06.2OI9 in O.S.No.43 of 2OO9 on the file ofthe Principal Junior Civil Judge, Asifabad and the saidjudgment has become final and therefore, he requestedto direct the respondents to pay compensation to thepetitioner.
4. As per the counter hled by the respondent No.3,in view of pendency of the suit filed by the unofhcialrespondent No.4, the compensation is not paid to thepetitioner. Now, after filing of the writ petition, the suit I
filed by the unofficial respondent No.4 was dismissedon 03.06.2019.
5. In view of the above, the Writ petition is disposed of directing the respondents to pay compensation tothe petitioner in respect of the lald admeasuringAc.l.25 gts in Sy.No.396 situated at NarayanpurVillage, Rebbana Mandal, Adilabad District as per theaward dated 26.08.2008 along with interest accruedwithin four (4) months from the date of receipt of aAc.l.25 gts in Sy.No.396 situated at NarayanpurVillage, Rebbana Mandal, Adilabad District as per theaward dated 26.08.2008 along with interest accruedwithin four (4) months from the date of receipt of acopy of this order.
6. Miscellaneous Applications, if any pending in thiswrit petition, sha_ll stand closed.
SD/- C. PRAVEEN KUMARASSrsrANr Fo'9,Ro*(L,/
//TRUE COPY// .
SECTION OFFICER
To1.The Principal Secretary to Government, Revenue Department at Secretariat,Hyderabad, State of Telangana.
2. The District Collector, Adilabad District at Adilabad.
3. The Land Acquisition Officer and, Sub Collector, Asifabad, Adilabad District.
One CC to SRI K.RAGHUVEER REDDY, Advocate IOPUC]
4. Two CCs to GP FOR LAND ACQUISITION, High Court for the State ofTelangana, at Hyderabad. [OUT]Telangana, at Hyderabad. [OUT]
5.
6. One CC to SRI S.SHARAT KUMAR, Advocate IOPUC]
Two CD Copies
7. PSK.d\*
I
HIGH COURT
DATED:2911212023
ORDER
WP.No.12274 ot 2009
,:i )IitJi+c.+';.t* DFsFo'\^l
DISPOSING OF THE WRIT PETITIONWITHOUT COSTS.
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