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High Court for State of TelanganaPIL/96/2015disposed of no costs

K.Chandra Mohan, v. The State Of Andhra Pradesh,

2015-04-133 pages

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON'BLE SRI JUSTICE SANJAY KUMAR PUBLIC INTEREST LITIGATION NO.96 OF 2015 DATED:13.04.2015 Between:

K.Chandra Mohan.

...Petitioner.

And The State of Andhra Pradesh represented by its Principal Secretary, Industries & Commerce Department, Hyderabad and others.

... Respondents.

THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON'BLE SRI JUSTICE SANJAY KUMAR PUBLIC INTEREST LITIGATION NO.96 OF 2015 ORDER: (per the Hon'ble The Chief Justice Sri Kalyan Jyoti Sengupta) In this writ petition, the petitioner complains that the encroachers have been given premium by paying the compensation for their ousting of the land. We are of the view that the petitioner shall file a complaint before the authority concerned to that effect. Therefore, we direct the Principal Secretary, Revenue Department, Hyderabad, the 2nd respondent, to look into the complaint so to be made by the petitioner after giving notice and hearing, and take a decision in accordance with law.

In the process, if he finds that the petitioner's complaint is correct, appropriate legal measures have to be taken against those officials concerned and steps may be taken for recovery of the compensation from the beneficiaries, who have received it, after giving them notice. If it is found that complaint is incorrect, it would be open for the 2nd respondent to take action in accordance with law against the petitioner. This entire exercise shall be completed within a period of eight (8) weeks from the date of communication of this order.

The writ petition is accordingly disposed of. Pending miscellaneous petitions, if any, shall stand closed. There will be no order as to costs.

_______________ K.J. SENGUPTA, CJ

_______________ SANJAY KUMAR, J 13.04.2015 GJ