Telangana High Court

WP/28605/2008 of Prakash Vs The Government of Andhra Pradesh on 30 December 2008

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COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 28605 of 2008 Between: 1 Prakash S/o. Devidas Rao Kulkarni R/o. Tandur Village,

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

TUESDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND EIGHT

PRESENTTHE HON'BLE SRI JUSTICE RAMESH RANGANATHANWRIT PETITION NO : 28605 of 2008

Between:

1 Prakash S/o. Devidas Rao Kulkarni

R/o. Tandur Village, Raikote Mandal,

Zaheerabad Taluk, Medak District.

2 Sakkubai W/o. Bhaskar Rao, D/o. Devidas Rao Kulkarni R/o. H.No.17-1-471, Krishna Nagar, Saidabad, Hyderabad. Saidabad, Hyderabad.

..... PETITIONERS

AND

1 The Government of Andhra Pradesh Rep. by Secretary toGovernmentGovernment (Projects) Secretariat, Hyderabad.

2 The Special Deputy Collector (Land Acquisition) Singoor Project Sanga Reddy, Medak District.

.....RESPONDENTS

Petition under Article 226 of the constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtmay be pleased to issue Writ, Order or Direction more only in the natureof Mandamus declaring the action of the 2nd Respondent in notconsidering the representation filed by the Petitioner along with thestatement of compensation for payment of compensation in terms of theAward passed in O.P.No.120 of 1996 and O.P.No.116 of 1996 by theDistrict Judge, Sanga Reddy along with the statement of compensationin both the O.Ps. on 14-8-2008 as illegal, arbitrary and unjust andagainst the principles of natural justice and consequently direct the 2ndRespondent to consider the representation of the Petitioner for paymentof compensation as per the representation dated 14-08-2008.

Counsel for the Petitioners:MR.P.VINOD KUMAR

Counsel for the Respondents: GP FOR LAND ACQUISITION

THE HON’BLE SRI JUSTICE RAMESH RANGANATHANWRIT PETITION No.28605 of 2008

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ORDER:

Failure on the part of the respondents to pay the balancecompensation is the subject matter in the present writ petition.

The petitioners submitted a representation to the 2[nd] respondenton 14.08.2008 giving details and made a request for release of thebalance compensation.

Sri P.Vinod Kumar, learned counsel for the petitioners, would statethat, instead of adjudication on merits, it would suffice if the writ petitionwas disposed of directing the 2[nd] respondent to dispose of therepresentation dated 14.08.2008 within a specified time.

Learned Government Pleader for Land Acquisition appearing forboth the respondents would submit that a period of three months begranted for disposal of the said representation.

Hence, I consider it appropriate to dispose of the writ petition itselfdirecting the 2[nd] respondent to dispose of the petitioners’ representationdated 14.08.2008 within a period of ten weeks from the date of receipt ofa copy of this order.

The writ petition stands disposed of accordingly.

30.12.2008v v/ khm

_______________________

RAMESH RANGANATHAN,J

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