Gaddam Balamma v. The State Of Telangana

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.12870 OF 2019 DATED :27.06.2019 Between :

Gaddam Balamma W/o.Narasimha, Aged about 60 yrs, R/o.Mallapur, Hyderabad & another.

..

Petitioners And The State of Telangana, Rep., by its Principal Secretary, Revenue Department, Secretariat, Hyderabad & others.

.. Respondents This court made the following :

- 2 - THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.12870 OF 2019 ORDER :

Heard learned counsel for the petitioner and learned Government Pleader for Revenue.

2.

This writ petition is filed alleging that illegally the 5th respondent got her name mutated in the revenue records, though it is a joint family property and petitioners also have equal right on par with the 5th respondent. Having come to know that illegally mutation was carried out, petitioners filed application before the revenue authorities and the said application is pending consideration. While so, the respondents have initiated land acquisition proceedings to acquire Ac.1-20 guntas of land in Sy.No.61/3/1, of Pagidipally Village of Bhuvanagiri Mandal, Bhuvanagiri Yadadri District. Since the name of 5th respondent is reflected in the revenue records, respondents are proceeding to disburse the compensation ignoring the petitioners. Petitioners claim to have filed objections on 18.06.2019. Alleging no action on the said objections for disbursement of compensation, this writ petition is filed. 3.

According to learned Government Pleader, the acquisition proceedings are at the stage of Section 11 notification under the Right to Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short 'the Act, 2013'). Since petitioners have already filed objections they would be considered during the course of award enquiry.

- 3 - 4.

Since the Award is yet to be passed and it is at the stage of Section 11 notification, the apprehension expressed by the petitioners for disbursement of compensation is not valid. It is needless to observe that since petitioners have already filed objections, the Land Acquisition Officer shall consider those objections in the process of conducting enquiry. If petitioners are aggrieved by the decision of Land Acquisition Officer, it is open for them to work out their remedies.

5.

With the above observations, the Writ Petition is dismissed. Pending miscellaneous petitions, if any, shall stand closed.

__________________ P.NAVEEN RAO,J 27th June, 2019 Rds