Smt. Leelabai v. The State Of Telangana

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.27360 OF 2017 Dated:17.08.2017 Between:

Smt. Leelabai, W/o. Babu Rao, Aged about 65 years, Occ: Agriculture Coolie, R/o.H.No.9-9-2/1, Bandlageri, Mahabubnagar Mandal, Mahabubnagar District and another .. Petitioners And The State of Telangana, rep., by its Principal Secretary, Department of Revenue, T.S. Secretariat Buildings, Hyderabad and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.27360 OF 2017 ORDER:

Petitioners claim that they are owners of lands admeasuring of Ac.1.00 in Survey No.753/2/A and Ac.0.20 guntas in Survey No.753/2/E. They state that they are granted pattadar passbooks and title deeds and are cultivating the said lands upto 07.10.2016. They allege that the said lands are irrigated through a tank, by name, Yerrakunta, which exists in an extent of Ac.12.01 guntas in Survey No.755 and provides irrigation to an area covering Ac.93.02 guntas. Recently, some persons widened the existing tank by using JCB and thereby the lands of the petitioners are affecting. Alleging dispossession of the petitioners without following due process of law, they claimed to have submitted representation dated 07.10.2016 to the District Collector, Mahabubnagar District. As there was no response from the authorities, legal notice was issued on 18.03.

2017. In response to the same, the Tahsildar, Mahabubnagar Urban Mandal, vide his letter No.B/1590/2017, dated 13.06.2017, informed the advocate who sent legal notice that no private land is acquired nor an additional land is utilized for the purpose of strengthening the pond and the pond is covered by Acs.12.01 guntas of land in Survey No.755. By this letter, the advocate was also informed that the parties were already informed by way of endorsement dated 01.04.2017 with regard to the request for demarcation of Survey Nos.753/2/A and 753/2/E. Advocate was also informed that as per survey record, land an extent of Ac.6.30 guntas out of Ac.15.29 guntas in Survey No.

area existing Tank Bund. It is thus seen that the grievance of the petitioners was considered and suitable reply was given to them. If the petitioners are aggrieved by any such decision, they have to work out their remedies in accordance with law. 2.

The prayer sought in the Writ Petition is that the representation dated 07.10.2016 submitted by the petitioners is not considered and no survey is conducted to fix the boundaries and that without following due process and without paying compensation under the Right to Fair Compensation and Transparency in the Land Acquisition, Rehabilitation and Resettlement Act, 2013, private properties are utilized for public purpose.

3.

As noted above, as the issue was considered and reply was already given, the cause in the Writ Petition does not survive for adjudication.

4.

The Writ Petition is accordingly dismissed leaving it open to the petitioners to work out their remedies against the communication dated 13.06.2017 sent to them. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in the Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:17.08.2017 KH