Item No.20
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
W.A.No.265 OF 2020
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The matter was taken up yesterday. But, because the affidavit filed
by the Revenue Divisional Officer, Vikarabad Division was not record,
the appeal was adjourned for today. The affidavit dated 26.04.2021 is on
record wherein, it has been stated that the appellants have verified the
records relating to availability of vacant land free of encumbrance and
without litigation for being allocated to the respondent. As per the
records, land to an extent of Acs.2.00 in Sy.No.280 and another parcel of land to an extent of Acs.2.00 in Sy.No.164 is available in Morangapally Village of Mominpet Mandal. The other alternate land offered by the appellants is from out of the parcel of land measuring Acs.8.00 in Sy.No.118 of Yenkepally Village, classified as pormaboke.
2. Learned counsel for the respondent states that his client is willing to accept the land measuring Acs.4.00 from out of Acs.8.00 in Sy.No.118 of Yenkepally Village, but date and time may be fixed for the said purpose.
3. The appellants shall issue the proceedings for allocation of the parcel of land measuring Acs.4.00 situated in Sy.No.118 of Yenkepally Village along with a site plan indicating the demarcation of the said parcel of land within two weeks from today whereafter, the actual physical possession of the subject land shall be handed over on site by the Tahsildar to the respondent within two weeks from the date of issuance of the proceedings.
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5. At this stage, learned counsel for the appellants requests that the costs of Rs.25,000/- imposed on the appellant No.1 in the writ petition may be waived. He clarifies that costs of Rs.20,000/- imposed on the appellant No.1 in the contempt case has already been handed over to the respondent.
6. Learned counsel for the respondent submits that if the appellants adhere to the timeline for completing the proceedings relating to allocation of the land and handing over of possession, then he has no objection to the waiver of the costs imposed in the writ proceedings.
7. It is made clear that in the event any of the appellants commit a default in adhering to the timeline fixed by this court in relation to completion of the proceedings for handing over possession of the parcel of land to the respondent and/or in handing over the actual physical possession thereof to him, then the appellant No.1 shall pay the costs of Rs.25,000/- to the respondent as imposed in the impugned common order.
8. The present appeal is closed along with the pending applications, if any.
_________________ HIMA KOHLI, CJ ______________________ B.VIJAYSEN REDDY, J 15.06.2021 Lrkm/pln W.A.No 265 of 2020 Page 2 of 2