Koduri Laxmi v. The State Of Telangana

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.42117 OF 2018 Date:23.11.2018 Between:

Koduri Laxmi, W/o. Late Hanmantha Reddy, Aged about 74 years, Occ: Retired Employee, R/o. Mamidyal Village, Mulugu Mandal, Siddipet District .. Petitioner And The State of Telangana, rep., by its Principal Secretary, Revenue (Land Acquisition) Department, Secretariat, Hyderabad and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.42117 OF 2018 ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for Land Acquisition appearing for respondents 1 to 5.

2.

The limited grievance of the petitioner is that the unofficial respondents are sought to be paid compensation without apportioning the share of compensation to the petitioner concerning the land in house bearing No.23-72 comprising of 23 sq. yards, 202.08 sq. yards and 182.62 sq. yards in Mamidyala Village, Mulugu Mandal, Siddipet District. Having come to know that the respondent authorities are paying compensation to unofficial respondents, petitioner filed objections on 27.10.2018. Alleging inaction on the said objections and seeking not to pay compensation to unofficial respondents, this Writ Petition is filed. 3.

When the matter is taken up, learned Government Pleader for Land Acquisition, on instructions, would submit that after receiving objections, compensation is not paid to unofficial respondents and appropriate steps would be taken on objections filed by the petitioner.

4.

However, it is seen from the material on record, there are two persons in whose favour there appears to be a proposal to pay compensation for the properties acquired. If the objections of the petitioner are to be accepted, the unofficial respondents are entitled to be put on notice with regard to prima facie validity of the

objections and afford opportunity to them before a decision is made.

5.

Having regard to the same, the Joint Collector and Administrator for Land Acquisition, R & R Project, Siddipet District, respondent No.5 herein, is directed to cause notice on unofficial respondents as regards objections filed by the petitioner on 27.10.2018, afford them due opportunity and on due consideration of the respective submissions, take appropriate further course of action as to whether the matter should be referred to the authority for adjudication on the respective claims or reject the objections for settlement of compensation to the unofficial respondents. Till such a decision is made, compensation shall not be disbursed to the unofficial respondents. 6.

With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. Pending Miscellaneous Petitions, if any, shall stand closed.

____________________ P. NAVEEN RAO, J Date:23.11.2018 KH