Anjanayulu And 2 Others v. The Government Of Telangana And 5 Others

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.14975 OF 2019 ORDER:

Heard.

2. Petitioners claim, house site admeasuring 178 Sq. Yards bearing plot No.6 was allotted to the grand father of the first petitioner under 'Indiramma Padakam' scheme. According to the petitioners, in the year 2005, the entire area was damaged and sub-merged. Thereafter, in the year 2007, Government awarded compensation to the persons whose lands were affected with leakage of water from the dam of Priya Darshini Jurala project. However, the petitioners came to know that in respect the subject plot, some other persons' names were entered and compensation is sought to be paid to them.

3. Material on record would disclose that the first petitioner earlier filed W.P.No.13636 of 2014 and withdrew the said writ petition on 01.08.2014, pursuant to the compromise entered on 22.07.2014. Even according to the petitioners, some third party was given assignment patta and he is now identified as the person who is entitled for compensation. The order of 2007 is not challenged by the petitioner. The person against whom alleged assignment was made is not made a party. Having regard to these facts, the relief sought by the petitioners to cancel the possession certificate issued in favour of the unknown persons and to direct the respondents not to disburse the compensation cannot be granted. Further, in this writ petition the petitioners are seeking enforcement of alleged Memorandum of Compromise stated to have

been entered on 22.7.2014. No such relief can be granted in a writ petition.

4. Therefore, the writ petition is dismissed leaving it open to the petitioners to work out their remedies as available in law. Miscellaneous petitions, pending if any, shall stand closed. No order as to costs.

_____________________ P. NAVEEN RAO, J 22nd July, 2019 sur