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High Court for State of TelanganaWP/45616/2018disposed of no costs

Kandanulu Rafi v. The State Of Andhra Pradesh,

2018-12-17A.Rajasheker Reddy3 pages

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.45616 of 2018 ORDER:

This writ petition is filed challenging the action of the respondent authorities in not paying the compensation amount to the petitioner for acquisition of the petitioner's land admeasuring Ac.2.54 cents in Sy.No.681/1, situated at Gani Village, Gadivemula Mandal, Kurnool District for the purpose of Ultra Mega Parks with 1000 M.W., inspite of the written representations submitted by the petitioner on 20.08.2018.

The case of the petitioner is that he was assigned land admeasuring Ac.2.54 cents in Sy.No.681/1, situated at Gani Village, Gadivemula Mandal, Kurnool District, in the year 2012, and eking out his livelihood by doing cultivation. His name is also reflected in the revenue records in pattadar and possession column. While so, the respondent authorities have acquired petitioner's land along with the lands in and around Gani Village, without initiating the land acquisition proceedings and without paying any compensation, for the purpose of establishment of Ultra Mega Solar Parks with 1000 M.W. The petitioner came to know that the respondent authorities have passed an award and fixed the compensation amount of Rs.4,20,000/- per acre for DKT patta lands, and to that effect, prepared a list and paid the compensation to the

land loosers. The grievance of the petitioner is that the respondent authorities without initiating any land acquisition proceedings, illegally and highhandedly, acquired petitioner's land. When petitioner enquired about the same, he came to know that the name of the 5th respondent is reflecting in the Adangal/Pahani obtained on 18.08.2018.

Immediately, petitioner made written representation to the 2nd respondent on 20.08.2018 and requested to take steps to pay the compensation on par with others. But, no action has been taken by the respondents, till date. Aggrieved by the same, present writ petition is filed.

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue.

The petitioner filed copies of Adangal/Pahanis showing that he is in possession of the subject land. But, in the Adangal for the year 2018 the name of the 5th respondent is incorporated by deleting the name of petitioner. In view of the aforesaid facts and circumstances, since the grievance of the petitioner is pending before the 2nd respondent, the 2nd respondent shall take all these aspects into consideration while considering the representation of the petitioner for payment of compensation and dispose of the same after conducting proper enquiry, within a period of two months from the date of receipt of a copy of this order.

Accordingly, the writ petition is disposed of. No order as to costs.

As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed. ____________________________ A.RAJASHEKER REDDY, J 17.12.2018 tk