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High Court for State of TelanganaWP/1988/2018disposed of no costs

Boyinpally Shantamma v. State Of Telangana,

2018-02-15Challa Kodanda Ram3 pages

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.1988 OF 2018 Dated:15.02.2018 Between:

Boyinpally Shantamma, W/o. Boyinpally Venkat Rao, Aged about 35 years,, Occ: Agriculture, R/o. Karukonda Village, Bijinapally Mandal, Nagarkurnool District, Telangana and another .. Petitioners And The State of Telangana, rep., by its Principal Secretary, Revenue Department, Government of Telangana, Secretariat, Hyderabad and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.1988 OF 2018 ORDER:

Heard.

2.

Petitioners claim to be the owners of land to an extent of Acs.3.03 guntas in Survey No.104 of Karukonda Village, Bijinapally Mandal, Nagarkurnool District.

According to petitioners, though their land was not acquired by following due procedure as required under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and the orders of the Government in G.O.Ms.No.123, dated 30.07.2015, the Contractor, who was entrusted with the work of building a reservoir and laying canals, is illegally undertaking the digging/excavation work in the land belonging to the petitioners with the active connivance of the officials. 3.

According to learned counsel for the petitioners, a representation dated 30.08.2017 was made by the petitioners alleging illegal involvement, but no action is taken. In other words, the grievance of the petitioners is against excavation undertaken by the 6th respondent in the land belonging to the petitioners. If that is so, petitioners have to work out civil law remedy as available to them against illegal interference and enjoyment or altering the structure of the property without the consent of the owner of the property.

4.

Thus, leaving it open to the petitioners to work out their remedies as available in law, the Writ Petition is dismissed. There shall be no order as to costs.

Miscellaneous Petition, if any, filed in this Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:15.02.2018 KH