Guda Yadaiah, Son Of Ramaiah, v. The State Of Telangana,
THE HON'BLE SRI JUSTICE RAJA ELANGO Writ Petition No.11840 of 2015 ORDER:
The writ petition is filed seeking a writ of Mandamus to declare the action of the respondents in issuing eprocurement notice vide No.225/2014-15, dated 30-032015 under the program of Mission Kakatiya inviting tenders for construction or reconstruction of Aykut of Chowtu Kunta situated in Sy.No.126 of Sirigiripuram Village, without invoking the provisions under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 either by paying compensation thereto or allotting an alternative land, as illegal and arbitrary and consequently direct the respondents not to destroy the crops being cultivated by the petitioners in lands situated in Sy.No.126 of Sirigiripuram Village of Maheshwaram Mandal Rangareddy District, including dispossession thereof. Heard the learned counsel on either side and perused the material available on record.
On perusing the entire material papers including the affidavit filed in support of the writ petition, this Court is of the view that it does not disclose anything to substantiate the case of the petitioners.
Learned Assistant Government Pleader for Irrigation
submits that the respondents are repairing the existing tanks in Sirigiripuram Village and other villages in Maheshwaram Mandal, and that they are not disturbing the possession of the petitioners in their patta lands. In view of the facts and circumstances of the case, the writ petition is disposed of directing the respondents not to dispossess the petitioners from their patta lands without invoking due process of law. If the respondents intend to take possession of the patta lands of the petitioners, they may do so by following due process of law.
The writ petition is accordingly disposed of. No order as to costs. Consequently, the miscellaneous petitions pending, if any, shall also stand disposed of. _______________________ JUSTICE RAJA ELANGO 23rd April, 2015 skmr