Telangana High Court

WP/24253/2020 of Harijan Jangamma , Appali Jangamma Vs The State of Telangana on 30 December 2020

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. Jangamma, W/o Appataiah, Aged 72 years,(Jccuoation Aoriculture, R/o Chandenvalle Village, Shabad Nla"ndal, Ch'evella Divisibn, Rangi Reooybisirict. - -- -- - ' ' ...WRIT PETITIONER AND 1. The State of Telangana, Represented by its principal Secretarv. Revenue Department Land Acquisition,

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD(Special Original Jurisdiction)

WEDNESDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENTY

PRESENT

THE HONOURABLE SRI JUSTICE K.LAKSHMAN

WRIT PETITION NO:24253 0F 2020

Between:

!91!an..lang^aTm? [@ ]{ppali . [Jangamma, ][W/o ][Appataiah, ][Aged ][72 ][years,](Jccuoation Aoriculture, R/o Chandenvalle Village, Shabad Nla"ndal, Ch'evellaDivisibn, Rangi Reooybisirict. [- -- ][-- ][- ][' ][']

...WRIT PETITIONER

AND

1. The State of Telangana, Represented by its principal Secretarv. RevenueDepartment Land Acquisition, Secretariat, Hyderabad.Department Land Acquisition, Secretariat, Hyderabad.

2. The District Collector, Ranga Reddy District

3. The speclal officer Land Acquisition And Revenue Divisional officer, chevellaDivision, Chevella, Ranga Rdddy District.Division, Chevella, Ranga Rdddy District.

...RESPONDENTS

Petition under Article 226 ot the constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High court may be pleasedto issue a writ order or orders of direction more particulariy one in the nature of awrit of Mandamus declare the action of respondents in showing the petitioner,s landas Ac. 1-00 gts. instead of Ac. 2-00 gts. in Sy. No. 190/39 through Form-Ccircumstances stated in the affidavit filed therewith, the High court may be pleasedto issue a writ order or orders of direction more particulariy one in the nature of awrit of Mandamus declare the action of respondents in showing the petitioner,s landas Ac. 1-00 gts. instead of Ac. 2-00 gts. in Sy. No. 190/39 through Form-Cnotification vide letter No. G1l92l2o18 dated 14lo1l2o1a and Gazette nR ruo. to,dated 1710112018 published on o2lo2l2o1B as illegal, arbitrary and violative ofdated 1710112018 published on o2lo2l2o1B as illegal, arbitrary and violative ofArticle 14 and 300 A of constitution of lndia and consequenily direct therespondents to consider petitioners representation dated 1g-o2-201g and pay thecompensation for balance extent of Ac. 1-00 gts. in sy. No. '190/39 in chandanivelliVillage, Shabad lUandal, Chevella Division, Ranga Reddy District.Village, Shabad lUandal, Chevella Division, Ranga Reddy District.

IANO:1 oF 2020

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 directthe respondents to consider petitioners representation dated 1\lo2l2ol 9 and paythe compensation for balance extent of Ac. 1-00 gts. in Sy. No. 190/39 inchandanvelli Village, shabad Mandal, chevella Division, Ranga Reddy Districtpending disposal of main Writ Petition.

Counsel for the Petitioner: SRI C.B.RAMMOHAN REDDy REPRESENTTNGSRI. M. NAGA RAJUSRI. M. NAGA RAJU

Counsel for the Respondents: SRl. A.SANJEEV KUMAR, SPECIAL Gp FOR

ADDL. ADVOCATE GENERAL (TG)

The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE K.LAKSHMAN

WRIT PETITI ON No.2425 3 0F 2020

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ORDER:

This WritPetition is fiied to declare the action of therespondents in showing the petitioner,s land as Ac. 1 _OO guntainstead of Ac.2-00 gunta in Sy.No.190/39 through Form_Cnotification vide letter No.Gl/921201g dated 14.01.2018 andGazette RR No.10 dated IT.Ol.2OI8, published on 02.02.201g, asillegal and for a consequential direction to the respondents toconsider the representation of the petitioner dated rg.o2.20rg andto pay compensation for the balance extent of land admeasuringAc.1-00 gunta in Sy.No. I9Ol39, situated at Chandanavelli Village,Shabad Mandal, Chevella Division, Ranga Redcly District.

2' The petitioner herein is claiming that she is the owner of randadmeasuring Ac.2-00 gunta in Sy.No.190/39, situated atchandanavelli Village, shabad Manda1, cheveila Division, RaagaReddy District. In proof of the same, the petitioner has filed copy of1-B certiijcate. According to the petitioner, the compensation waspaid only to an extent of land admeasuring Ac.1_00 gunta insteadof Ac.2-00 gunta. According to her, she has submittedrepresentation dated r9.o2.2or9 to the second respondent with arequest to pay the compensation for the balance extent of landadmeasuring Ac. 1-00 gunta. Despite receiving and acknowledgingthe said representation dated Ig.O2.2OIg, the second respondentdid not consider and pass anv orders thereon.

3. On the other hand, [Sri ][A.Sanjeev ][Kumar, ][learned ][Special]Government Pleader, on [instructions, ][would submit ][that ][the]petitioner has submitted [representation ][to ][the ][second respondent,]who is no way concerned [with ][the ][land ][acquisition ][proceedings and]the representation has [to ][be ][submitted ][to ][the ][third ][respondent']He would further submit [that ][if ][the ][petitioner ][submits ][fresh]representation before the third [respondent, ][he ][will ][consider ][the]same ancl [pass ]appropriate [orders ][in ][accordance ][with ][law']

4. Sri C.B.Ram Mohan [Reddy, ][learned counsel representing ][Sri]counsel [for ][the petitioner, ][would submit that]M.Naga Raju, learned the petitioner will submit [fresh ][representation ][to ][the ][third]respondent a1so.

5. In view of the above submissions [and ][considering ][the ][fact]that the petitioner is seeking [innocuous ][reiief ][to ][consider ][her]representation, this Writ Petition [is ][disposed ][of granting ][liberty ][to]the petitioner to submit a [fresh ][representation ][to ][the ][third]respondent within one week from the date [of ][receipt ][of a ][copy ][of]this order, and on receipt of [such ][representation, ][the ][third]respondent shall consider the [same ]and [pass appropriate ][orders]thereon in accordance with [1aw, ]by affording [the ][opportunity ][of]personal hearing to the petitioner, within a [period ]of [six ][weeks]thereafter. Miscellaneous [petitions, ]if any [pending, ][shall ][stand]disposed of. There shal1 be no order [as ][to ]costs' I

I

SD/.B.SATYAVATHIASSISTANT [REGISTRAR]//TRUE [COPY//]! \t !SECTION [OFFICER]

To,

l.ThePrincipalsecretary,RevenueDepartmentLandAcquisition'StateofTelangana'Secretariai, [[HYderabad]]Secretariai, [[HYderabad]]

Secretariai, [[HYderabad]]2. i[; Di;i;i;i [C6ttector, Ranoa Reddv District]2. i[; Di;i;i;i [C6ttector, Ranoa Reddv District]

Di;i;i;i 3. The soeciat officer [Land ][A:"1;l;ii#-dil ][FLu"nu" ][Divrsional ][officer, chevella ][Division,]- cnevdlla. Ranqa Reddy District'ilffi [EE ][jq"S.[,q.Hff ][J'3!,#l:ff ][i^"e:"",.n:tr#e1s:lr"v"?lana(our)]7. Two CD Cooies. *\ )Lp-3. The soeciat officer [Land ][A:"1;l;ii#-dil ][FLu"nu" ][Divrsional ][officer, chevella ][Division,]- cnevdlla. Ranqa Reddy District'ilffi [EE ][jq"S.[,q.Hff ][J'3!,#l:ff ][i^"e:"",.n:tr#e1s:lr"v"?lana(our)]7. Two CD Cooies. *\ )Lp- HIGH COURT

DATED:3011212020

ORDERWP.No.24253 ot 2020

Disposing of the WPWithout costs.

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