Telangana High Court
WP/23690/2020 of K. Prabhakar Sharma Vs The State of Telangana on 30 December 2020
THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF DECEIUBER TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO: 23690 OF 2020 K. Prabhakar Sharma, S/o Late Narsimhaiah Aged about 52 Tea.cher R/o Tirumalapur,
WEDNESDAY, THE THIRTIETH DAY OF DECEIUBERTWO THOUSAND AND TWENTY
PRESENT
THE HONOURABLE SRI JUSTICE K.LAKSHMAN
WRIT PETITION NO: 23690 OF 2020
Between:
K. Prabhakar Sharma, S/o Late Narsimhaiah Aged about 52years, Occ Govt.Tea.cher R/o Tirumalapur, Balanagar Manal, MahabubnagarDistrict, presentlyresiding at New Town, Mahabubnagar
..PETITIONER
AND
1The State of Telangana, rep by its Principal Secretary, Revenue Department,Secretariat, HyderabadSecretariat, Hyderabad
2.The District Collector (LA), Mahabubnagar Distirct.
The Revenue Divisional Officer, It/ahabubnagar.
3.
4.The Tahsildhar, Jadcharla [t/andal, IV]ahabubnagar District.
5.V.Narayana Rao, S/o.V.Venkat Rao, Aged about 60 years, Occ Agriculture,R/o.Valluru Village, Jadcharla I\/andal, Mahabubnagar.R/o.Valluru Village, Jadcharla I\/andal, Mahabubnagar.
...RESPONDENTS
Petition under Article 226 o'f lhe Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may be pleasedto issue a writ or order or direction [particularly ]one in the nature of Writ ofMandamus declaring the action of the respondents particularly respondent No.3 innot making further enquiry pursuant to the notice in proceedings No. F 1402212017Dated 2l11l2O2O under Section 21@)o'f the Land Acquisition Act (Act. 30 of 2013) inrespect of the lands under acquisition for Udandapur Balancing Reservoir underPalamur - Rangareddy lrrigation Scheme in Sy.No.179/A extent Ac.'1 1-25 [guntas]and in Sy.No.'1 79/AA extent Ac 0-31 [guntas ]totally admeasuring Ac.12- 16 [guntas]situated at Vallur Village, Mahabubnagar District and not [passing ]the award on theground of pendency of suit as arbitrary, illegal and violation of Article 14 ofConstitution of lndia and consequently direct the respondents [particularly]respondent No.3 to expedite the acquisition proceedings in accordance with law inthe interest of [justice.]
lA NO: 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 issue adirection to the respondents to pass appropriate orders on petitioner's, objectionssubmitted through Advocate dated 1B/1 112020 pursuant to the notice issued by the3rd respbndent in proceedings No. F1402212017 Dated 211112020 in the interest ofjustice.
Counsel for the Petitioner: SRl. M. V. PRAVEEN KUMARCounsel for the Respondent Nos. 1 to 4: SPECIAL GP FORADDL. ADVOCATE GENERAL
Counsel for the Respondent No. 5:
The Courl made the following: ORDER
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ORDER:
THE HONOURABLE SRI JUSTICE K.LAKSHMAN
WRIT PETITION No.23690 OF 2O2O
This Writ Petition is filed to declare the action of the respondentsparticularly respondent No.3 in not making lurther enquiry pursuant tothe notice in proceedings No.F / 4022 I 20 17 , dated 02 .L l .2020 underSection 21$l of the Land Acquisition Act (Act 30 of 2013) in respect ofthe lands under acquisition for Udandapur Balancing Reservoir underPalamur - Ranga Reddy Irrigation Scheme in Survey No. 179 / A extentAc.11.25 guntas and in Survey No.179i AA extent Ac.0.31 guntas totallyadmeasuring Ac.12.16 guntas situated at Vallur Village, MahabubnagarDistrict and not passing the award on the ground of pendency of suit asarbitrary, illegal and violative of Article 14 of Constitution of India andconsequently direct the respondents particularly respondent No.3 toexpedite the acquisition proceedings in accordance with law.
2. On instructions, learned Special Government Pleader wouldsubmit that the petitioner herein got issued legal notice on la.1l.2O2Ostating that he has no objection to acqllire the land on payment ofcompensation @ Rs.10 lakhs per acre and the petitioner herein has filedO.S.No.62 of 2016 for perpetual injunction against the [5th respondent]and the said suit was decreed. [Thus, ][there is ][claim and counter claim ][by]the petitioner and the 5h respondent [with ][regard ][to the ][subject ][land. ][[n]view ol'the same, learned Special [Government ][Pleader ][would ][submit that]the 3rd respondent will [expedite ][the ][acquisition ][proceedings ][by ][strictly]following the procedure laid [down in ][The ][Right to Fair ][Compensation and]in Land [Acquisition, ][Rehabilitation ][and ][Resettlement Act,]Transparency 20 1 3 (Act No.30 of 20 [13).]
3. As stated above, the petitioner filed this writ [petition ][to ][direct]respondent No.3 to expeclite the acquisition [proceedings ]in [accordance]u,ith lalv.
4. Considering the said submissions, this writ petition is disposed ofdirecting the 3'd respondent to complete the land acquisition proceedingsstrictly following the procedure laid down in Act No.30 of 2013 within thetime frame fixed in the said Act, with regard to acquisition of subjectland.
Miscellaneous petitions, if any pending, shall stand disposed of.
There shall be no order as to costs.
SD/. N.CHANDRA [SEKHAR ][RAO]ASSISTANT REGISTRAR/iTRUE COPY//SECTION OFFICER
To,
1The Principal secretary, [Revenue Department, State ][of ][Telangana, secretariat,]Hvderabad2. Tlie District Collector [(LA), ttlahabubnagar Distirct]3. The Revenue [Divisional Officer, Mahabubnagar']+. fhe iafrsitohar, [Jadcharla ][Mandal, ][tvlahabubnagar ][District']6. s. iil One CCs CC to to Sti. GP M. [for ][V. Praveen Kumar' Advocate ][Revenue, ][High ][Court for the ]IOPUC] [State of ][Telan]-gana. [OUT]i. r*o CCs to the Advovate [Geneful, ][High ][Court ][for ][the State ][of]Telangana. 8. Two CD [CoPies.]
gana. [OUT]Telangana. [(OUT)]
PIV
HIGH COURT
DATED:30 t12t2O2O
ORDERWP.No.23690 of 2O2O
Disposing of the WpWithout costs.
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