Telangana High Court

WP/46498/2022 of Mr. Mitta china Bikshapathi Vs The State of Telangana and 3 others on 29 December 2022

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HIGII COURT FOR THE STATE OF TELANGANA ATHYDERABAD .'' (Special Original Jurisdiction) THURSDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO ,.. PRESENT THE HONOURAIILE SRI JUSTICE K. SARATH ,.- Between: Mr. Mitta china Bikshapathi, S/o late M Pentaiah, Occ agriculture, R/o. H.

[ [3302 ]I

HIGII COURT FOR THE STATE OF TELANGANAATHYDERABAD .''(Special Original Jurisdiction)THURSDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY TWO ,..PRESENT

THE HONOURAIILE SRI JUSTICE K. SARATH ,.- WRIT PETITION NO: 46498 OF 2022

Between:

Mr. Mitta china Bikshapathi, S/o late M Pentaiah, Occ agriculture, R/o. H. No. 13- 1411,Yagiripatli Village, Mandal Yadagirigutta, Dist Yadadri Bhuvanagiri .

...PETITIONER [-'-]

AND

l. The State of Telangana, Rep. by its Principal Secretary, LA, Secretariat Building,Hyderabad.Hyderabad.

2. The District Collector (L A ), Yadadri Bhuvanagiri District.

3. The Revenue Divisional Offrcer, Bhongir, Yadadri Bhuvanagiri District

4. The Tahsildar, Mandal Yadagirigutta, Yadadri Bhuvanagiri District Dist.

...RESPONDENTS

Petition under Article 226 of tbe Constitution of India praying that in thecircumstances stated in the affidavit filed therervith, the High Court may be pleased toissue a appropriate writ, order or orders, more particularly one in the nature of writ ofmandamus to the respondents in not taking the action against the representations dated21. 12. 2022 and 28. 02. 2022 is illegal, arbitrary and violative of Article 21 and 300 - Aof the constitution thereby directing the respondents to pay the land acquisitioncompensation to the petitioner herein; IA NO: 1 OF 2022

Petition under Section 151 CPC praying that in the circumstances stated in theaffidavit filed in support of the petition, the High Court may be pleased to issue adirection to the respondents to take action on the complaint / objection petitions dated21. 12.2022 and28. 02.2022

Counsel for the Petitioner: SRI. DORISHETTI POCHAIAH

Counsel for the Respondent Nos. 1 to 4: GP FOR LAND ACQUISITION

The Court made the follorving:

L

I

THE H )NOURABLE SRI JUSTICI) K.SrlRI,THW.tIT PETITION No. 46498 of 2C'.2,2

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ORDER:

Tl-ris v,rit petition is liled under Artrcl,: 225 of theConstitutio:r of India for the following relief ".-..t< issue an appropiate turit, order or directionmore particularlg one in nature of li/it ofmore particularlg one in nature of li/it ofMan,lamus to the respondents in not tarcitg theactio t against the representation dated21.1).2022 and 28.02.2022 is itlegat, orbitroryand uiolatiue of Arlicle 21 and 300-A Ltf theactio t against the representation dated21.1).2022 and 28.02.2022 is itlegat, orbitroryand uiolatiue of Arlicle 21 and 300-A Ltf theCons titution thereby directing the responLients topaq the land acquisit.ion compensation to thepetit oner herein and to pass such other order".paq the land acquisit.ion compensation to thepetit oner herein and to pass such other order".

2. Heard Learned Counsel appearing fbr thepetitioner iLnd learned Government ['lead:1 I<tr LandAcquisition appearing for the respondents.

3. Durin3 the course of hearing, it is brought to thenotice of tf is court that lor redressal of the: grievanceof the l retitioner, petitioner herein submittedrepresentations dated 2l .12.2022 and 28.(l2.'.2022 to I

To, the respondents for awarding compensation for theland acquired and no action has been taken on thesaid representation and a copy of the same is alsoenclosed as material paper aiong with the writ petition4. Having regard the nature of controversy, the writpetition is disposed of, without expressing any opinionon the entitlement of the petitioner, directing therespondents to pass appropriate orders on therepresentations dated 2l .12.2022 and 28.O2.2022submitted by the petitioner herein, in accordance withlaw, within a period ol eight (8) weeks from the date ofreceipt of copy of this order.

5. Miscellaneous petitions pending consideration, if&oy, in the Writ Petition shall stand closed inNo order as to costs.consequence.

SD/-MOHD.SANAULLAH [ANSARI]ASSISTANTGISTRAR

//TRUE COPYIISECTIONFFICER

1. The Principal [Secretary, ][LA, ][Secretariat ][Building, ][Hyderabad' ][State ][of ][Telangana']2The District [Collector ][(L ][A ]), [Yadadri ][Bhuvanagiri ][District']Jft n"r"tt"" [Divisional ][Ofi'rcer, ][Bhongir, Yadadri Bhuvanagiri ][District]4iil" " i"ft.ifa-, [Mandal ][Yadagirigutta, ][Yadadri ][BhuvanagiriDistrict Dist']5One CC to Sru. [nOruSgpfU ][POCHAIAH ][Advocate [OPUC]]6TwoCCstoGPFORLANDACQUISITION,HighCourtatHyderabad'[OUT]7Two CD CoPies2The District [Collector ][(L ][A ]), [Yadadri ][Bhuvanagiri ][District']Jft n"r"tt"" [Divisional ][Ofi'rcer, ][Bhongir, Yadadri Bhuvanagiri ][District]4iil" " i"ft.ifa-, [Mandal ][Yadagirigutta, ][Yadadri ][BhuvanagiriDistrict Dist']5One CC to Sru. [nOruSgpfU ][POCHAIAH ][Advocate [OPUC]]6TwoCCstoGPFORLANDACQUISITION,HighCourtatHyderabad'[OUT]7Two CD CoPies HIGH COT]I{T

SK, J

DATED: 29112/21)22

ORDER

WP.No..l6498 of 2022

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WzuT PETITION IS I] ISPOSED OF WITHOUT COSTS

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