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High Court for State of TelanganaWP/37639/2017disposed of no costs

Sri S. Niranjan Rao v. The State Of Telangana, Rep. By Its Principal Secretary,

2017-11-15A.Rajasheker Reddy3 pages

THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION No.37639 of 2017 ORDER:

This Writ Petition is filed declaring the action of the respondents in issuing the impugned declarations vide G/ 2645/ 16, dt. 26.06.2017, published in Gazette No.52/ 17 dt.

29.06.2017, G/ 2646/ 16, dt.10.04.2017, published in Gazette No.15/ 2017 dt. 00-04-2017 and Vide G/ 2647/ 16, dt. 29.06.2017, published in Gazette No.51 under Section 19(1) of the Right to Fair Compensation and Resettlement Act, 2013 (Act 30 of 2013) without conducting Grama Sabha as illegal, arbitrary and violative of Act 30 of 2013.

Heard Sri K. Kishore Kumar, learned counsel for the petitioners and the learned Special Government Pleader appearing on behalf of the learned Advocate General.

Learned Counsel for the Petitioners submits that the Government published declarations under Section 19(1) of the Right to Fair Compensation and Resettlement Act, 2013 (Act 30 of 2013) without conducting Grama Subha as envisaged under Section 11(2) of the Act and aggrieved thereby, the present Writ Petition is filed. The learned Special Government Pleader appearing for the respondents fairly conceded that the respondents have not conducted Grama Sabha as contemplated under Section 11(2) of the Act and they are going to conduct Gram Sabha as required under Section 11(2) of the Act and thereafter only further proceedings will be taken up.

In view of the said statement, the impugned declarations under Section 19(1) of the Act is set aside insofar as the petitioners are concerned.

Accordingly, this Writ Petition is disposed of directing the respondents to conduct Gram Sabha as envisaged under Section 11(2) of the Act and thereafter proceed further in accordance with law. The miscellaneous Petitions, if any, pending in this case shall stand closed. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A. RAJASHEKER REDDY, J November 15, 2017 eha

THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION No.37639 of 2017 November 15, 2017 eha