Joga Saraiah And 2 Others v. The State Of Telangana And 10 Others

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.28929 OF 2019 Dated:30.12.2019 Between:

Joga Saraiah, S/o Pottaiah, Aged about 60 years, Occ: Agriculture, R/o.Station Bethampudi Village, Sujathanagar Mandal, Bhadradri Kothagudem District and others .. Petitioners And The State of Telangana, rep., by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others .. Respondents This Court made the following:

- 2 - THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.28929 OF 2019 ORDER:

Heard learned counsel for the petitioners, learned Government Pleader for Revenue for respondents 1 to 4 and Sri J. Srinivasa Rao, learned standing counsel for Singareni Collieries Company Limited for respondent No.5. 2.

Petitioners allege that their grandfather by name Sri Jogu Pullaiah was the pattadar of agricultural land to an extent of Acs.10.00 in Survey No.55/42 of Koppurai Village, Bodu Post, Tekulapally Mandal, Bhadradri Kothagudem District. After death of their grandfather, their father succeeded to the said property and after death of their father, the petitioners succeeded to the same. They allege that the Singareni Collieries Company Limited acquired the subject land for the purpose of extraction of coal in the year 2011. Therefore, the petitioners claimed to have filed O.S.No.192 of 2017 on the file of the Agent to Government, Bhadradri Kothagudem, seeking declaration of title and recovery of possession. The said suit was dismissed on 27.07.2019. Thereafter, the petitioners issued legal notice to various authorities on 25.11.

2019 alleging that the compensation payable on the said land should not be paid to the unofficial respondents and the same should be paid to them, as they are the legal heirs of the original pattadar. Alleging inaction on the said legal notice, this Writ Petition is filed.

3.

Learned Government Pleader representing the Land Acquisition Officer submits that the compensation payable on the

- 3 - land acquired was already disbursed to the unofficial respondents. He would further submit that the subject land is an assigned land and compensation was paid to persons whose names are shown in the revenue records.

4.

In view of the same, the cause in the Writ Petition does not survive for adjudication.

5.

The Writ Petition is accordingly dismissed leaving it open to the petitioners to work out their remedies as available in law. Pending Miscellaneous Petitions, if any, shall stand closed. ____________________ P. NAVEEN RAO, J Date:30.12.2019 KH