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High Court for State of TelanganaWP/9691/2019disposed of no costs

Maddur Ramesh v. The State Of Telangana

2019-04-30Challa Kodanda Ram2 pages

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 9691/2019 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 not following the procedure laid down under Sections 26 to Section 30 of the Right to Fair Compensation and transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act, 2013) while passing the award No. F/5555/2016 dated 16/03/2019 passed by the 5th Respondent for widening R and B Road from Satyanarayana Chowrastha to Markandeya Temple at Narayanpet Town and Mandal as illegal, arbitrary, unconstitutional and violative of Art. 14, Art. 19(1)(g) and Art. 300A and consequently set aside the Award No F/5555/2016 dated 16/03/2019 passed by the 5th Respondent for widening R and B Road from Satyanarayana Chowrastha to Markandeya Temple at Narayanpet Town and Mandal and consequently direct the respondents to consider all the provisions as compulsorily mandated under the RFCTLARR Act 2013 afresh and pass Award afresh...."

When the matter is taken up, it is submitted by the learned counsel for the petitioners that the issue raised in the present Writ Petition is squarely covered by the order, dated 22.04.2019, passed by this Court in Writ Petition No.8253 of 2019. Relevant portion of the aforesaid order reads as under: "In those circumstances, leaving it open to the petitioners to approach the authority or seek, by way of application to the Collector, to refer the matter to the competent authority, the writ petition is disposed of. It is also, further, made clear that the properties of the petitioners shall not be taken possession of without completely paying the monetary compensation."

Following the aforesaid order and for the reasons stated therein, this Writ Petition is also disposed of in terms thereof. Miscellaneous petitions, if any, pending in this Writ Petition shall also stand disposed of. There shall be no order as to costs. _________________________ CHALLA KODANDA RAM, J Dt:30.04.2019 kdl