Smt. Thumma Venkatamma v. The State Of Telangana And 3 Others
THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.40856 & 40859 of 2022 COMMON ORDER:
Heard learned counsel for the petitioners and learned Assistant Government Pleader for Land Acquisition. Since the issue involved in these two writ petitions is one and the same, both the writ petitions are disposed of by this common order. 2.
The petitioners in these two writ petitions are claiming right and title over land to an extent of Acs.0.161⁄2 guntas each in Survey No.260/B situated at Thimmapur Village, Khila Warangal Mandal, Warangal Urban District, by placing reliance upon a registered sale deed of the year 1985. The petitioners claim that when the subject lands are sought to be acquired by the respondents and the names of the petitioners are notified, they approached this Court by filing W.P.Nos.11454 and 11514 of 2020 and this Court by a common order, dated 06.04.2021, disposed of both the writ petitions directing the respondents therein to consider the representation dated 17.01.2020 submitted by the petitioners and to pass appropriate orders thereon in accordance with law, within a period of eight weeks from the date of the said order.
3.
Since the respondents have once again initiated steps for acquiring the subject lands along with certain other extents of lands and survey proceedings are initiated on field, the petitioners herein once again approached this Court complaining that the respondents, without following due process of law and without putting the petitioners on notice, are trying to acquire the subject lands and dispossess the petitioners from their respective extents of lands. 4.
On the other hand, learned Assistant Government Pleader for Land Acquisition submitted that the said representation was not considered, as the earlier acquisition proceedings initiated by issuing notification under Section 11 (1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 were lapsed. 5.
Learned Assistant Government Pleader, on instructions, submitted that the petitioners are not having any right over the lands, which are being claimed by them, as their names are not entered in the revenue records. However, the basis for the petitioners to claim right over the subject lands is the basis of a registered sale deed obtained by them as early as in the year 1985. Therefore, the petitioners do have their right for
consideration of their claim for the payment of compensation, when the very same lands, which are being claimed by the petitioners, are sought to be acquired by the respondents, especially in the context of an order passed by this Court in the previous round of litigation, referred to above. 6.
In the circumstances, both the writ petitions are disposed of directing respondent Nos.2 to 4 to put the petitioners on notice and afford them a reasonable opportunity of hearing in the event the respondents intend to acquire the lands admeasuring Ac.0.161⁄2 guntas each in Survey No.260/B of Thimmapur Village, Khila Warangal Mandal, Warangal Urban District, for payment of compensation or otherwise by following the due process of law. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in these writ petitions shall stand closed.
____________________________________ MUMMINENI SUDHEER KUMAR, J Date:25.11.2022 KH
THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.40856 & 40859 of 2022 Date:25.11.2022 KH