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High Court for State of TelanganaWP/175/2014disposed of no costs

Kandi Narayana Reddy, S/O. Veera Raghava Reddy v. The State Of Andhra Pradesh

2016-08-11Suresh Kumar Kait4 pages

HON'BLE SRI JUSTICE SURESH KUMAR KAIT W.P. No. 175 of 2014 DATE: 11.08.2016 Between:

Kandi Narayana Reddy and 32 others .. Appellants And The State of Andhra Pradesh and another .. Respondents

O R D E R:- This writ petition is filed for the following substantive relief:

"...to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in not paying compensation to the petitioners by acquiring their houses under the provisions of the Land Acquisition Act on par with the land loosers of Madduvalasa Reservoir of Srikakulam District as the petitioners lost their entire lands under Mid-Manair project, as illegal and arbitrary..." It is stated in the affidavit filed in support of the petition in W.P.M.P.No.13803 of 2016 that the petitioners lost their agricultural lands and are rendered landless poor persons and they migrated to nearby towns for eking out their livelihood.

Consequently, their houses got damaged due to non-maintenance, as such, they have filed the present writ petition seeking a direction to the respondents to acquire their houses by paying them adequate compensation. It is further stated that in W.P.No. 39694 of 2015 filed by the petitioners and other similarly situated persons seeking rehabilitation benefits provided under G.O.Ms.No.

Court that the issue will be considered by the Special Deputy Collector LA (Unit-V) SRSP, Dr.Ambedkar Srujala Sravanthi Project, LMD Colony, Karimnagar and at that point of time, that unit was not established. In view of the submission made by the learned Government Pleader for Land Acquisition in W.P.No. 39694 of 2015 which is not disputed by the learned Government Pleader for Land Acquisition appearing for respondent Nos.2 and 3 in the present writ petition, this Court is inclined to dispose of the writ petition with the following direction:

"The petitioners are directed to make representation to the 3rd respondent - the Special Deputy Collector (LA) (Unit-V) SRSP, Dr.Ambedkar Srujala Sravanthi Project, LMD Colony, Karimnagar. On such representation being made, the 3rd respondent is directed to consider the same and pass appropriate orders thereon, in accordance with law, within a period of four weeks. It is made clear that the 3rd respondent shall communicate to the petitioner in writing the decision that may be taken on the representation, within a period of one week thereafter."

With the above direction, the writ petition is disposed of. No order as to costs.

As a sequel to the disposal of the writ petition, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.

____________________ SURESH KUMAR KAIT, J 11.08.2016 Note:- Furnish copy by tomorrow

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