T.Ramesh Rao v. The State Of Telangana

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.28770 of 2018 ORDER:

It is the assertion of the petitioner that he is the owner of the land to an extent of Acs.4.00 guntas situated in Survey No.307 of Rhimanaguda Village, Gajwel Mandal, Siddipet District. It is his grievance that the respondents are proposing to acquire his land for public purpose, without initiating acquisition proceedings. Hence, he seeks a writ of Mandamus. Heard learned counsel for the petitioner.

Learned Government Pleader for Revenue, on instructions, submits that though there is a proposal to acquire the land of the petitioner for public purpose, the allegation of the petitioner that the respondents are interfering with the subject property is not correct and the said allegation is made by him only for the purpose of filing the Writ Petition. He further submits that in terms of Section 12 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the respondents are entitled to visit the land and conduct survey, by following due process of law, even before a notification is issued in terms of Section 11 of the said

CKR, J WP.No.28770 of 2018 Act. He also submits that a preliminary survey has been conducted so as to ascertain the suitability or otherwise of the property for public purpose and that due process would be followed for acquisition of the subject land. Recording the submission of the learned Government Pleader that the respondent authorities would not interfere with the subject property of the petitioner in any manner, without following due process, the Writ Petition is disposed of. Miscellaneous Petitions, if any pending, shall stand closed. There shall be no order as to costs.

_________________________ CHALLA KODANDA RAM, J 14th AUGUST, 2018.

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