Shaik Mohammed Adil v. The State Of Telangana And 2 Others

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 22096 of 2019 O R D E R:

This writ petition is filed for the following relief: ".....to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of respondents in interfering with peaceful possession and enjoyment of property of the petitioner bearing municipal No.16-2-300/240 in Survey No.156/1, admeasuring 210 square yards with built up area of 200 square feet situated at Hydernagar Village, Balanagar Mandal under Kukatpally Circle Limits, Ranga Reddy District without following procedure and the laws laid under the Land Acquisition Act, 1894 and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and also in violation of Articles 21 and 300-A of the Constitution of India...."

When the matter is taken up, it is submitted by the learned counsel for the petitioner as well as learned Standing Counsel for respondent Nos.2 and 3 that the issue raised in the present Writ Petition is squarely covered by the order, dated 13.09.2019, passed by this Court in Writ Petition No.19687 of 2019. Relevant portion of the aforesaid order reads as under: "In those circumstances, the writ petition is disposed of with the direction to the respondent authorities not to interfere with the peaceful possession and enjoyment of the petitioners over the property in question, without following the procedure prescribed under Section 146 of the Act and without complying with Section 38 of Act 30 of 2013. It is made clear that the entitlement of the compensation is subject to the right and title of the petitioners over the subject plots."

Following the aforesaid order and for the reasons stated therein, this Writ Petition is also disposed of in terms thereof.

Miscellaneous petitions, if any, pending in this Writ Petition shall also stand disposed of. There shall be no order as to costs. _________________________ CHALLA KODANDA RAM, J Dt:14.09.2019 kdl