Bommena Kondal Rao v. The State Of Telangana And 6 Others

THE HON'BLE SRI JUSTICE T.AMARNATH GOUD W.P.NO.21372 OF 2019

O R D E R

Aggrieved by the action of the respondents in not paying compensation in respect of remaining 234 sq. yards, out of 474 sq. yards open area, appurtenant house site of Bangalore tiled house bearing H.No.2-27 (MMR No.2-28), Mandal, Rajanna Sircilla District, erstwhile Karimnagar District vide award No.93/2012-13 dated 13.03.2013 passed by the 3rd respondent - Land Acquisition Officer and Special Deputy Collector, acquired for Mid Manair Reservoir Project, the present writ petition is filed.

Heard the learned counsel for the petitioner. Learned Assistant Government Pleader for Land Acquisition produced written instructions of Special Deputy Collector, FAC L.A., Unit -VII, FFC / MMR & Dr. BRA PCSSR, Rajanna Sircilla District dated 09.12.2019. In the written instructions it is stated as under:

"In compliance of the orders of the High Court of Telanana at Hyderabad in Writ Petition No.21372 of 2019 dated 26.09.2019, the left over balance extent of 234 sq. yards., open area of house bearing H.No.2-27 (MMR No.2-28) has been taken into consideration and passed Supplementary Award vide proceeding No.F/224/2012, Dt: 14.11.2019 U/s 23; 24; 29 & 30 of the RFCTLARR Act, 2013 (Act No.30/2013) in connection to the earlier award No.93/2012-13 dated 30.03.2013.

Further, I submit that, Sri Bommena Anantha Rao s/o Bhooma Rao, R/o Karimnagar (brother of awardee) has filed an objection application on 30.10.2019 stating that, the property of house bearing No. H.No.2-27 is their joint family property and earlier he has filed claims and objections on the said H.No.2-27, the matter was already referred to the concerned Competent Court and further requested to refer this award also to the competent authority for adjudication."

In view of the above written instructions, without expressing any opinion on the merits of the case, writ petition is disposed of directing the 2nd respondent / competent authority, to consider the claim of the petitioner and after giving notice and opportunity of hearing to all the parties, shall pass appropriate orders in accordance with law.

Interlocutory applications pending, if any, shall stand closed. No order as to costs.

------------------------------------------------ T.AMARNATH GOUD,J DATE:12-12-2019 avs