Palakurthi Kanthaiah v. State Of Telangana

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH [Special Original Jurisdiction] WEDNESDAY THE THIRTYFIRST DAY OF AUGUST, 2016 PRESENT WRIT PETITION NO. 17504 OF 2016 Between:

Palakurthi Kanthaiah & Ors. ... Petitioners V/s.

State of Telangana Rep. by its Prl. Secretary Revenue Department, Secretariat, Hyderabad & Ors. ... Respondents Counsel for the Petitioner: Sri M.V. Hanumantha Rao Counsel for the Respondents: GP for Revenue [TG] Sri J. Sreenivasa Rao SC for SCCL Sri V.Venugopala Rao GP for Land Acquisition [TG]

The court made the following: [order follows] WRIT PETITION NO. 17504 OF 2016 O R D E R :

Vide the writ petition, petitioners seek mandamus, declaring the inaction of the respondents in consideration the representation dated 19/5/2016 submitted by the petitioners for release of compensation in respect of the land admeasuring Ac: 313 guntas in survey No. 110/A situated at Kommepally Revenue village, Sathupally Mandal, Khammam district as illegal, arbitrary and violative of principles of natural justice and consequently to direct the respondents to conduct enquiry in view of the representation of the petitioners and release compensation to the petitioners by following due process of law and to pass such other suitable orders as this Court may deem fit and proper in the circumstances of the case.

2. Heard learned counsel for the petitioners, learned Government Pleader for Revenue [TG], Sri J.Sreenivasa Rao, learned Standing Counsel for the Singareni Collories Company

Limited, Sri V.Venugopal Rao, learned Government Pleader for Land Acquisition [Telangana].

3. It is informed by the counsel for respondent No.6 that respondent No.7 has already expired, however, the legal heirs of respondent No.7 has not been made party to this writ petition.

4. Keeping in view of the averments made in the affidavit filed in support of the petition and submission of the learned counsel for the petitioners, I hereby direct the respondent No. 4 - Tahsildar, Sathupally Mandal, Khammam district, to take decision on the representation dated 19/5/2016 filed by the petitioners after giving reasonable opportunity of hearing to the petitioners, respondent No.6 as well as the legal heirs of respondent No.7 and pass appropriate orders on merits and in accordance with law within a period of two months from the date of receipt of a copy of this order. The decision taken by the respondent No. 4 - Tahsildar, Sathupally Mandal, Khammam district shall be communicated to the petitioners, within one week thereafter.

5. In view of the above direction, the writ petition is disposed of at the stage admission. No costs.

6. As a sequel, miscellaneous petitions if any, pending in

this writ petition shall stand closed.

___________________________________ JUSTICE SURESH KUMAR KAIT.

31/08/2016 I s L

WRIT PETITION NO. 17504 OF 2016 Date: 31/08/2016 Circulation No.

Court Master: I s L