Smt. Goili Yadamma v. The State Of Telangana

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 3392 of 2019 O R D E R:

This Writ Petition is filed for the following relief: "to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in interfering the petitioner's land in Survey No.987 to an extent of Ac.0.33 1⁄2 guntas, situated at Itipamula village, Kattamguru mandal, Nalgonda District for the purpose of construction of double bed rooms without acquiring the petitioner's land under Land Acquisition Act, without paying the compensation to the petitioner, as illegal, void and opposed to Articles 14, 19, 21 and 300A of the Constitution of India." The petitioner asserts that she is the owner and possessor of the aforementioned land and has been raising crops without interference of any third parties or authorities.

It is stated that the pattadar pass book and title deed were issued in favour of the petitioner. It is the grievance of the petitioner that without issuing any prior notice, the respondents are interfering with her land and taking steps to construct buildings thereon, by spoiling the existing crop and hence, seeks a direction to the respondents not to interfere with her property, without following due process of law.

Learned Government Pleader for Revenue would submit that the procedure prescribed under law would be followed while interfering with the property of the petitioner. In the said circumstances, the Writ Petition is disposed of directing the respondents not to interfere with the land of the petitioner, without following the procedure prescribed in the

Rights to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, more particularly under Section 38.

Miscellaneous petitions, if any, pending in this Writ Petition shall stand disposed of. There shall be no order as to costs. _________________________ CHALLA KODANDA RAM, J Dt.20.02.2019 vhb