THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
W.A.No.917 of 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)
Dr. J.Vijayalaxmi, learned Government Pleader for
Assignment for the appellants; Mr. S.Laxminarayana, learned
counsel for respondents No.1 to 8/writ petitioners; and
Mr. Malugari Sudarshan, learned Government Pleader for Forest Department for respondents No.9, 11 and 12.
2. This intra court appeal has been filed against an order dated 10.03.2023 passed by a learned Single Judge, by which a writ petition viz., W.P.No.2506 of 2021, preferred by respondents No.1 to 8/writ petitioners, has been disposed of.
3. The parties shall be referred to as per their rankings before the learned Single Judge.
4. The petitioners had filed the aforesaid writ petition seeking an order of prohibition against the respondents not to ::2::
dispossess them from the land in question. The aforesaid relief was sought on the basis that the petitioners were assignees in respect of the land in their occupation.
5. The learned Single Judge, by an order dated 10.03.2023, by taking into account the stand taken by the Mandal Revenue Officer that the petitioners are assignees of land bearing Survey No.427 of Parpelli Village and are also shown as pattadars in the revenue records, directed that the entire exercise of identifying the land assigned to the petitioners shall be completed within a period of three months and thereafter, the respondents were directed to either provide alternative land to the petitioners or to pay them compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
6. In the aforesaid factual background, this appeal has been filed.
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7. Learned Government Pleader for Assignment submitted that the time for identifying the land in occupation of the petitioners be extended by a further period of three months.
8. Aforesaid prayer has not been opposed on behalf of the petitioners.
9. In view of the aforesaid submission and in the facts of the case, taking into account the fact that even according to the respondents, the petitioners are assignees in respect of the land situated in Survey No.427 of Parpelli Village, the time for compliance of the direction issued by the learned Single Judge is extended by a further period of three months from today.
10. To the aforesaid extent, order dated 10.03.2023, passed by the learned Single Judge in W.P.No.2506 of 2021, is modified.
11. Accordingly, the Writ Appeal is disposed of. No costs.
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As a sequel, miscellaneous petitions, pending if any, stand closed.
__________________ ALOK ARADHE, CJ _______________________ N.V.SHRAVAN KUMAR, J Date: 21.09.2023 LUR