Vanjari,Puduri Sathaiah, v. The State Of Telangana
HON'BLE SRI JUSTICE A.RAJASHEKER REDDY AND HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITON No.31559 of 2016 ORDER: ( per Hon'ble Sri Justice P.Naveen Rao) The Writ Petition is filed with the following prayer: "Respectfully pray that this Hon'ble Court may be pleased to issue an appropriate Writ, Order, Direction, more particularly one in the nature of 'Writ of Mandamus' declaring the action of the official respondents No.4 to 8 for wrongfully acquiring and registering by impersonating the unofficial respondents No.10 and 11 with the help of Respondent No.9 for the agricultural land for the purpose of 'Mallanna Sagar Project" in Medak District, by causing wrongful loss to the petitioner in respect of his agricultural land in Sy.No.611/E and Sy.No.611/EE, total extent of Acs.2.
00 Guntas, at Etigadda Kistapur village, Toguta Mandal, Medak District, as illegal, arbitrary, unreasonable, violative of Articles 21 and 300A of the Constitution of India, consequently to direct the respondent No.3 to enquire into the matter and for prosecuting the responsible persons in the matter herein." When the matter is called, the learned Special Government Pleader representing learned Additional Advocate General, appearing for official respondents by referring to the contents of the counter affidavit informs this Court that the petitioner sold the land to an extent of Acs.2.00 gts in Sy.No.611 to Voggu Mallaiah, S/o. Pentaiah and Vanga Lingam S/o.Narayana, 20 years back. Paragraph 3 of the counter affidavit reads as follows: "3. It is submitted that in the present case the petitioner Sri Vanjari Pudari Sathaiah S/o.
Nagaiah sold the said land to an extent of Ac.2.00 gts in Sy.No.611 to Sri Voggu Mallaiah S/o.Pentaiah and Vanga Lingam S/o.Narayana, 20 years back. The said land compensation was paid to Vuggu Mallaiah S/o.Pentaiah and Vanga Lingam S/o.Narayana being the purchaser and owner of the property. The petitioner has no right to claim compensation as he was sold out the property. However the petitioner being the resident of Etigadda Kistapur Village, he has been paid Rehabilitation and Resettlement benefits as per the state policy. The evidence showing the payment of Rehabilitation and Resettlement benefits to the petitioner are enclosed herewith for the kind perusal of this Hon'ble Court. The writ petition may be closed as infructuous."
Along with the counter affidavit, a statement is also enclosed showing the payment of Rs.7,50,000/- as part of R & R package to the petitioner.
When the matter was listed on 29.11.2019, there was no representation on behalf of the petitioner, as such, it was directed to be listed on 07.12.2019 under the caption 'for dismissal'. Even when the matter is listed today, none appeared on behalf of the petitioner and no reply affidavit is filed disputing the assertions in the counter affidavit filed by the official respondents.
In view of above facts and circumstances, the Writ Petition is dismissed. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand dismissed.
__________________________ A.RAJASHEKER REDDY, J _________________________ P.NAVEEN RAO, J 13-12-2019 kvs
HON'BLE SRI JUSTICE A.RAJASHEKER REDDY And HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITON No.31559 of 2016 Date 13.12.2019.
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