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High Court for State of TelanganaWP/25323/2017disposed of no costs

Tupally Ram Reddy, v. The State Of Telangana,

2018-04-25Challa Kodanda Ram3 pages

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.25323 of 2017 O R D E R:

Petitioners assert that they are the owners of land admeasuring Acs.4.13 guntas, Ac.1.36 guntas and Acs.5.07 1⁄2 guntas in Survey Nos.43 (part), 43 (part) and 85 (part) respectively, situated at Brahmanapally Village, Bibi Nagar Mandal Yadadri Bhongir District. They further assert that without initiating land acquisition proceedings and without paying compensation, the respondents are illegally excavating a water channel through their land. While so, they made representations, dated 03.04.2014 and 29.06.2017, to respondent Nos.3 and 6 respectively, but the same were not considered even as on date. Hence, they filed the present writ petition to direct the respondent authorities to consider their representations. Today, when the matter is taken up for consideration, learned Government Pleader seeks time to get instructions in the matter.

This Court is not inclined to grant any further time, particularly, in the light of the order likely to be passed. Since the petitioners submitted the representations, dated 03.04.2014 and 29.06.2017, respondent No.3-District Collector, Yadadri Bhongir District shall enquire into the matter and if the

allegation of the petitioners that their land was acquired for digging of channel is correct, he shall forthwith take necessary steps for initiation of land acquisition proceedings in terms of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and ensure that an Award is passed and payment is made, in accordance with law. In the event the allegation of the petitioners is not correct, the same shall be intimated to them through a letter. Entire exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order. With the above directions, the writ petition is disposed of. Miscellaneous petitions, if any, pending in this writ petition shall also stand disposed of. There shall be no order as to costs. _________________________ CHALLA KODANDA RAM, J Dt:25.04.2018 kdl