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High Court for State of TelanganaWP/4479/2017dismissed

Esam Satyanarayana Yadav , Esam Sattaiah v. The State Of Telangana

2018-01-03A V Sesha Sai2 pages

THE HON'BLE SRI JUSTICE A.V.SESHA SAI W.P.NO.4479 OF 2017

O R D E R

Heard the learned counsel for the petitioner and the learned Government Pleader for Land Acquisition.

In the present writ petition, petitioner herein assails the action of the respondents in not referring his application dated 18.01.2007 to the Civil Court under Section 18 of the Land Acquisition Act, 1894 (for short 'the Act').

According to the petitioner, he owned property bearing municipal No.8-3-952/ 1 to 12, situated at Punjagutta, Srinagar Colony Road, Hyderabad. Earlier, he filed writ petition in W.P.No.11138 of 2001. This Court disposed of the said writ petition by order dated 8.6.2001 directing the respondent authorities to follow the procedure under the Act or under Sections 146 and 147 of the Hyderabad Municipal Corporation Act, 1955. Consequently, proceedings under the provisions of the Act, were initiated and award was passed and notice under Section 12(2) of the Act was issued on 2.1.2007. According to the petitioner, being unsatisfied with the quantum of compensation granted by the Land Acquisition Officer, he filed application on 18.01.2007, requesting for reference under Section 18 of the Act, but no action has been taken on the said representation till date.

On the other hand, the learned Government Pleader for Land Acquisition, submits that if the application filed by the petitioner herein is within time and is entertainable under the provisions of the Act, the same

will be verified and appropriate action will be taken strictly in accordance with law.

Recording the above submission of the learned Government Pleader for Land Acquisition, the writ petition is disposed of directing the 3rd respondent to cause verification of the application of the petitioner said to have been submitted on 18.01.2007 and take appropriate action on the said application in accordance with law, within a period of two months from the date of receipt of a copy of this order. Miscellaneous petitions pending, if any, shall stand closed. No order as to costs.

---------------------------------- A.V.SESHA SAI,J DATE:03-01-2018 AVS