High Court for State of TelanganaWP/26424/2018disposed of no costs

Balugani Sudarshan v. The Principal Secretary

2019-12-05A.Rajasheker Reddy2 pages

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY W.P.NO.26424 OF 2018

O R D E R

This writ petition is filed for the following relief: "To direct the respondent No.3 not to pass award in respect of notification in form No.C under Section 11 of the Act, where Section 10-A exemption is given under file No.G1/3814/2016 and Gazettee R.R.No.97, Sl.No.13, without considering the petitioner's objection dated 04.07.2018." In I.A.No.1 of 2018 in W.P.No.26424 of 2018, petitioner sought the following direction:

"To direct the respondent No.3 to give opportunity to the petitioner herein to participate in award enquiry"

While admitting the writ petition on 30.07.2018, this court granted the interim direction as prayed for.

Learned counsel for the petitioner, producing copy of the proceedings issued by the 2nd respondent - Collector vide No.G1/3814/2017 dated 27.11.2019, submits that notice has been issued to the petitioner and the enquiry is fixed today i.e., 05.12.2019, and the petitioner is participating in the said enquiry and as such, the grievance of the petitioner in this writ petition, stood redressed.

Heard learned Government Pleader for revenue for respondents 1 to 4. Sri G.Chandrasekhar Reddy, learned counsel appearing for the unofficial respondent No.5 submits that petitioner has no right in the subject lands as such, the writ petition is not maintainable. This aspect has to be considered by the competent authority.

Since notice under Section 15(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has

been issued to the petitioner, and Section 21(2) of the said Act also provides for issuance of notice to interested person, without expressing any opinion on merits, the competent authority is directed to dispose of the objections of the petitioner while considering the claim of unofficial respondent No.5 after affording them an opportunity of hearing, and take further action in accordance with law. Writ petition is accordingly disposed of.

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

---------------------------------------------------- A.RAJASHEKER REDDY,J DATE:05-12-2019 AVS