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High Court for State of TelanganaWP/32323/2010disposed of no costs

Battula Gangulappa v. The District Collector,

2015-01-29Raja Elango2 pages

THE HON'BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.32323 of 2010 O R D E R:

This writ petition is filed seeking a writ of mandamus declaring the action of the respondents in resuming the lands of the petitioner in Sy.Nos.408/13 and 408/18 to an extent of Ac.0.67 cents and Ac.1.21 cents respectively, in Bhimagani Palli revenue village, Punganur, Chittoor District without paying compensation as equivalent to market value under G.O.Ms.No.1307 Revenue (Assignment) Department, dt.23.12.1993 as illegal and arbitrary and consequently direct the respondents to give proper estimations as per market value of the petitioner well and bore wells and to pay the compensation as per the provisions of the Land Acquisition Act.

According to the petitioner, the Government has taken possession of his land long back by invoking the provisions under the Land Acquisition Act and he has also given a representation on 25.10.2010 seeking payment of compensation but till date there is no reply given by the authorities concerned.

Pendency of the writ petition, the third respondent filed a counter affidavit on behalf of all the respondents admitting some of the claims of the petitioner and disputing some of the claims since the same are pending before the civil court. Under those circumstances, the writ petition is disposed of as follows:

The respondents are hereby directed to consider the representation of the petitioner dated 25.10.2010 and also directed to pay the compensation including other benefits in terms of G.O.Ms.No.1307, dated 23.12.1993 as far as the undisputed land of the petitioner is concerned within a period of three months from the date of receipt of a copy of this order. If the representation of the

petitioner is not considered as directed by this Court, the petitioner is at liberty to approach the appropriate forum seeking redressal of his grievance.

The writ petition is disposed of accordingly. There shall be no order as to costs.

Consequently, the miscellaneous petitions, if any shall also stand disposed of.

___________________ RAJA ELANGO, J.

Date.29.01.2015