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High Court for State of TelanganaWP/43171/2017disposed of no costs

Gunnala Narsaiah, v. The State Of Telangana,

2018-09-14M.S.Ramachandra Rao2 pages

THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO I.A.No.1 OF 2018 in/and WRIT PETITION No.43171 of 2017 COMMON ORDER:

Heard counsel for the petitioner and the Government Pleader for Land Acquisition appearing for respondents. 2.

Petitioner had filed the Writ Petition challenging the action of the respondents in acquiring petitioner's property in terms of G.O.Ms.No.123 Revenue (JALA) Department dt.30.07.2015 as against the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short 'the Act'). 3.

In view of the said averments, an order of status quo was granted by this Court on 20.12.2017.

4.

I.A.No.1 of 2018 is filed by the respondents seeking to vacate the said order. In the counter affidavit filed along with the vacate application it is stated that the respondents have published Notification under Section 11(1) of the Act in newspapers on 28.03.2017 and thereafter a Declaration has been published on 24.09.2017 and it is stated that Award will be passed under the Act.

5.

In view of the said statement of the respondents, I.A.No.1 of 2018 is allowed; the interim order granted

20.12.2017 is vacated; and the respondents are directed to continue with the acquisition process under the provisions of the Act along with rehabilitation and resettlement and then only dispossess the petitioners from the subject land. 6.

The Writ Petition is disposed of with the above directions. No order as to costs.

7.

Consequently, miscellaneous petitions pending, if any, shall stand dismissed.

_____________________________ M.S.RAMACHANDRA RAO, J 14th September, 2018.

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