THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY
WRIT PETITION No.35865 of 2022
ORDER:
Heard learned counsel for the petitioners, learned Government Pleader for Land Acquisition appearing on behalf of respondent Nos.1 to 3 and learned Government Pleader for Irrigation appearing on behalf of respondent Nos.4 to 6.
2. This writ petition is filed praying to grant the following relief:
"...to issue a writ in the nature of Mandamus or any other appropriate writ, order or direction, by declaring the action of the respondents in not paying the compensation and all consequential benefits, for the lands of the petitioners which were acquired, situated in Mangurla Village, Jainad Mandal, Adilabad District, for the purpose of formation of Sathanala Project under Land Acquisition Act, even after completion of ceiling dispute as illegal, arbitrary, unjust and unconstitutional being violative of Articles 14, 21, 300-A & 31-A of the Constitution of India and consequently direct the respondents to pay the compensation with all consequential benefits including interest and to pass such other order or orders as this Hon'ble court may deem fit and proper in the circumstances of the case."
3. Learned counsel for the petitioners stated that in respect of lands situated in the very same Village, this Court, by order dated 19.11.2016 in W.P.No.8506 of 2007, has passed orders 2 AAR, J W.P.No.35865 of 2018 directing the authorities concerned to initiate land acquisition proceedings in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, by fixing a time frame. Learned counsel further stated that the petitioners herein are also similarly situated persons and their lands are also in the very same village i.e., Mangurla Village, Jainath Mandal, Adilabad District.
4. Learned Government Pleader for Land Acquisition has not disputed about the orders passed by this Court in W.P.No.8506 of 2007, dated 19.11.2016.
5. Having regard to the orders passed by this Court in W.P.No.8506 of 2007, dated 19.11.2016, this Court is of the prima facie opinion that ends of justice would be met, if the respondent authorities are directed to dispose of the representations made by the petitioners to respondent No.1 within a time frame.
6. In view of the same, the writ petition is disposed of directing the District Collector, Adilabad District, respondent No.1, to consider the representation dated 28.11.2016 submitted by the petitioners, as expeditiously as possible, 3 AAR, J W.P.No.35865 of 2018 preferably within a period of four (4) weeks from the date of receipt of a copy of the order. It is needless to mention that the District Collector will consider the representation of the petitioners duly taking into account the judgment of this Court in W.P.No.8506 of 2007, dated 19.11.2016, having regard to the fact that the representation has been given on 28.11.2016 and received by the office of the District Collector on 30.11.2016, the respondent authorities shall verify the same and if it is still pending and not passed necessary orders on the same. Further, if the representation is not found, petitioners shall be put on notice directing them to file a fresh representation and after receipt of the representation stated to have been filed by the petitioners, necessary orders shall be passed thereon. There shall be no order as to costs. Miscellaneous applications, if any pending, shall stand closed.
__________________________
A. ABHISHEK REDDY, J
Date:15.03.2022
plv/KH
4 AAR, J
W.P.No.35865 of 2018
THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY WRIT PETITION No.35865 of 2018 Date:15.03.2022 Plv/KH