Chilikeshwarapu Balaiah v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.13880 of 2018 ORDER:

Heard learned counsel for the petitioner, learned Government Pleaders for Energy and Revenue and Sri R.Vinod Reddy, learned Standing Counsel, for the respondents. According to the petitioner, he is a landless poor person eking out his livelihood by undertaking agricultural labour work and the Government allotted an extent of Ac.1.34 guntas in Sy.No.489/2 of Mattapally Revenue shivar of Huzurnagar vide File No.B/3871/2012/Chotapalle/13 on 01.01.2014.

Learned counsel for the petitioner submitted that the petitioner herein has been in possession of the said property as absolute owner and enjoying the same without there being any interruption and the revenue authorities issued pattadar pass book and title deed in his favour and he developed the said land by spending huge amounts and cultivating the same by raising dry crops and growing vegetables. The complaint of the petitioner in the present Writ Petition is that, in an unauthorised manner, the respondents are making efforts to construct a new 33/11KV sub-station in his land without recourse to law.

AVSS,J W.P.No.13880 of 2018 approached the revenue authorities, for redressal of his grievance, but no action has been taken so far. On the other hand, it is submitted by the learned Standing Counsel that the revenue authorities allotted the subject land for establishing a sub-station and that if the petitioner has any objection he can approach the District Collector by way of making representation.

Having heard the learned counsel for the petitioner, the learned Standing Counsel and the learned Government Pleaders, this Court, in the facts and circumstances of the case and having regard to the nature of controversy, deems it appropriate to dispose of the Writ Petition, by permitting the petitioner herein to submit written representation to the District Collector, Suryapet-fifth respondent herein within a period of one week from the date of receipt of a copy of this order. If any such representation is made, the same be considered and appropriate further action be taken by the fifth respondent, within a period of two weeks thereafter, strictly as per law. Till the matter is finally decided by the fifth respondent, the construction of the subject sub-station shall be deferred. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

AVSS,J W.P.No.13880 of 2018 As a sequel thereto, the miscellaneous petitions, if any pending, in this Writ Petition, shall stand closed. __________________ A.V.SESHA SAI,J 19th April, 2018 Tsy