Smt. Amina Begum, v. The State Of Telangana

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.16645 OF 2017 ORDER:

The case of the petitioner is that her lands, situated in Sy.Nos. 12, 13, 13/1, 15, 15/1 of Kotherpally village, Vikarabad Mandal, Ranga Reddy District, have been utilised by the State over an extent of Ac.2-00 guntas for extension of Ankapally Nala for passing rain water to Shivareddypet Cheruvu, Chevella. It is her grievance that neither any land acquisition proceedings were initiated nor any compensation was paid. It is further submitted that bringing all these aspects to the notice of the District Collector, Ranga Reddy District, Lakdikapul, Hyderabad, the petitioner had submitted representations, dated 01.12.2015 and 06.07.2015. In spite of the same, no action is taken, thereby depriving their right over the property without authority of law.

2) Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue (TS).

3) The matter came up for admission on 01.06.2017 and the learned Government Pleader for Revenue (TS) had accepted notice on behalf of respondents 1 to 4. Thereafter, the matter was directed to be listed on 22.06.2017 and 18.04.2018. At request of the learned Government Pleader, for getting instructions, one more week time was granted.

4) Today, the learned Government Pleader raised an objection that Vikarabad Division authorities have not been made as party respondents on the ground that the subject property is within the jurisdiction of the Vikarabad District.

5) Considering the nature of the relief, which the petitioner seeks and there being no counter-affidavit denying the specific averments about the acquisition of the petitioner's land by the State for the public purpose and also considering the fact that the petitioner has already approached the 2nd respondent by submitting representations, the request of the learned Government Pleader to defer the matter is rejected. At any rate, it is for the District Collector, who being the competent authority to deal with the acquisition cases to ensure payment of compensation to the land owners. In that view of the matter, the 2nd respondent-District Collector shall examine the representations, dated 01.12.2015 and 06.07.2015, submitted by the petitioner and enquire into the same.

If the petitioner's land has been taken possession without initiating any land acquisition proceedings, as on date, the District Collector shall ensure initiation of the land acquisition proceedings and conclude the same as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a copy of this order. 6) Subject to the above the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall also stand closed. ____________________________ CHALLA KODANDA RAM, J Dated:15.04.