Maaku Mallaiah, v. The State Of Telangana

HON'BLE SRI JUSTICE SURESH KUMAR KAIT W.P. No. 30299 of 2016 DATE: 21.09.2016 Between:

Maaku Mallaiah .. Petitioner And The State of Telangana and eight others .. Respondents

SKK,J WP_30299_2016 O R D E R:- The main grievance of the writ petitioner is that even though he made a representation dated 24.06.2016 stating that he and his two brothers have equal share over the ancestral property belonging to their late father - Maaku Balaiah i.e. the land in Sy.No.1209/ AA in an extent of Ac.01.38 guntas situated in Marpadaga village, Kondapak Mandal, Medak District which is under acquisition by the Telangana Major Irrigation Department for the purpose of proposed " Irrigation Project by Digging Canal" , the 7th respondent -Tahsildar, without considering his representation, is trying to disburse the entire compensation to his younger brother, respondent No.9.

The learned counsel for the petitioner has submitted that the petitioner made representation dated 24.06.2016 for grant of compensation towards his share.

The representation dated 24.06.2016 said to have been filed by the petitioner, does not specifically reveal as to how much extent of land falls to the share of the petitioner or the shares of his two brothers.

Therefore, keeping in view the averments made in the writ affidavit and having perused the material placed on record, this Court is inclined to dispose of the writ petition by permitting the petitioner to make a proper representation to

SKK,J WP_30299_2016 the 3rd respondent - District Collector setting out details of the land in question and his share thereof along with relevant documents within a period of two weeks from today. On receipt of such representation, the 3rd respondent is directed to consider the same and pass appropriate orders thereon, in accordance with law, within a period of two weeks thereafter, and communicate decision that may be taken, in writing, to the petitioner within one week thereafter. It is made clear that till such time, the compensation amount shall not be disbursed in favour of respondent Nos. 8 and 9 and any other third party.

With the above direction, the writ petition is disposed of. No order as to costs.

As a sequel, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.

_____________________ SURESH KUMAR KAIT, J 21.09.2016 bcj