Mrs. Anees Fatima, v. The State Of Telangana,

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.3655 OF 2017 ORDER:

The case of the petitioner is that she purchased agricultural land admeasuring Ac.31-01 guntas comprised in Sy.No.135 and 136 of Kismatpur Village, Rajendranagar Mandal, R.R.District by virtue of various registered sale deeds bearing Document Nos.139; 148; 2718; 2475; 792; 2476 of 1979 along with her sister-in-laws and since the date of purchase, they have been in possession of the subject land. While so, the Government of A.P., laid a road leading from Excise Academy to Kismatpur Village by encroaching the land of the petitioner to an extent of Ac.0-20 guntas in Sy.Nos.135 & 136 without following due process of law. In respect of the same, petitioner made a representation to the respondents requesting either to pay compensation in accordance with Land Acquisition Act, or for allotment of alternate land in lieu of acquired land.

In pursuant to the representation, the Tahsildar vide its letter dated 09.04.2007 directed Mandal Surveyor & Additional Mandal Revenue Inspector to demarcate the land in Sy.No.132 and submit a report. In response to the same, the 6th respondent addressed a letter dated 13.04.2007 to the 5th respondent to recommend the matter to District Collector-4th respondent. Accordingly, the 5th respondent addressed a letter dated 18.07.2007 to the 4th respondent seeking instructions for allotment of the land as proposed. The 4th respondent vide letter dated 26.07.2007 requested the 6th respondent to submit alienation proposals, who inturn vide letter dated 12.09.

directed the Mandal Surveyor to submit records for processing the alienation proposals. Thereafter, no action has been initiated by the respondents. Aggrieved by the same, petitioner filed W.P.No.10736 of 2012 and this Court vide order dated 16.04.2012 disposed of the said writ petition directing the RDO, Chevella to consider the representation of the petitioner dated 22.03.2007 and pass appropriate orders. In pursuant to the said order, the 4th respondent, vide letter dated 26.04.2012 requested the 5th respondent to take necessary action in the matter. Once again, the 4th respondent addressed a letter dated 30.06.2014, to the Special Chief Secretary & Chief Commissioner of Land Administration, to issue orders. In response to the same, the 3rd respondent addressed a letter dated 06.09.

2014 directing the 4th respondent to enquire into the matter and submit a detailed report. In compliance of the same, the 4th respondent sent a detailed report vide letter dated 14.04.2015. Finally, the 3rd respondent addressed a letter dated 01.07.2016 requesting the 2nd respondent to accord necessary permission to the 4th respondent for allotment of alternate land in sy.No.132 to an extent of Ac.0-16 guntas in lieu of compensation to be paid to the petitioner for the lands in Sy.No.135 and 136 of Kismatpur Village. As no action has been initiated, the present writ petition is filed. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue.

In view of the above facts and circumstances, since the issue is pending before the 2nd respondent, the 2nd respondent is directed to take appropriate action in accordance with law on the

proposal sent by the 3rd respondent. The said exercise shall be done within a period of two (02) months from the date of receipt of copy of this order.

With the above direction, the writ petition is disposed of. There shall be no order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.

_____________________________ A.RAJASHEKER REDDY, J 16.02.2017 dv