Telangana High Court
Mohammed Ghouse Khan vs The State Of Telangana And 3 Others on 23 January, 2024
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI
WRIT APPEAL No.193 of 2022
JUDGMENT:
(per the Hon'ble the Chief Justice Alok Aradhe) Mr. K. Upender Reddy, learned counsel appears for the appellant.
Ms. P. Bhavana Rao, learned Government Pleader for Land Acquisition appears for the respondents.
2. This intra court appeal has been filed against an order dated 03.01.2022 by which Writ Petition No.4611 of 2021 filed by the appellant has been dismissed.
3. Facts giving rise to filing of this Writ Appeal briefly stated are that the Sub-Collector, Bodhan, had assigned the land to an extent of Acs.9.18 guntas in Survey No.74 of Achampet Village to the grandmother of the appellant. After demise of the grandmother and father of the appellant, the property devolved on him and pattadar pass book was issued 2 CJ & JAK, J WA.No.193 of 2022 in favour of the appellant. As per the averments made in the Writ Petition, the lands held by the ancestors of the appellant were submerged in Koilsagar Project. Therefore, his ancestors filed Writ Petition No.3467 of 1988 which was disposed of on 13.09.1988 with the direction to the respondents to allot the alternative land to the ancestors of the appellant. However, no action was taken by the respondents for allotment of an alternative land. Thereupon, the appellant filed another Writ Petition, namely, Writ Petition No.3658 of 2008 which was dismissed by learned Single Judge of erstwhile High Court of Andhra Pradesh by an order dated 19.02.2009. The aforesaid order passed by the learned Single Judge was upheld by the Division Bench of erstwhile High Court of Andhra Pradesh as Writ Appeal No.923 of 2009 filed by the appellant was also dismissed by judgment dated 21.10.2009.
4. According to the appellant, again, an area measuring Acs.8.36 guntas out of the total extent of Acs.9.18 guntas was submerged in Nizamsagar Project. Thereupon, the appellant 3 CJ & JAK, J WA.No.193 of 2022 approached the Land Acquisition Officer seeking allotment of alternative land. The appellant submitted a representation on 14.05.2020 to the Land Acquisition Officer for allotment of alternative land. Thereupon, the Land Acquisition Officer by a communication dated 28.05.2020 informed the appellant that Writ Petition No.46586 of 2018 filed by him is pending. Therefore, on 16.11.2020, the appellant withdrew Writ Petition No.46586 of 2018 preferred by him.
5. The appellant thereafter again filed Writ Petition No.4611 of 2021 seeking allotment of alternative land. The learned Single Judge inter alia held that the Writ Petition preferred by the appellant is barred by res judicata as Writ Petition No.3658 of 2008 filed seeking similar relief has already been dismissed and the order passed by the learned Single Judge has been upheld in Writ Appeal No.923 of 2009 and the same operates as res judicata. In the aforesaid factual background, this appeal has been filed.
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6. We have heard the learned counsel for the parties at length.
7. The appellant had previously filed Writ Petition No.3658 of 2008 seeking the similar relief of allotment of alternative land which was dismissed by the learned Single Judge vide order dated 19.02.2009. The aforesaid order passed by the learned Single Judge was upheld by the Division Bench of erstwhile High Court of Andhra Pradesh in Writ Appeal No.923 of 2009 vide judgment dated 21.10.2009. Therefore, the learned Single Judge has rightly held that the issue involved in the subsequent Writ Petition was barred on the principle of res judicata. The appellant therefore is not entitled to allotment of alternative land in the facts and circumstances of the case.
8. For the aforementioned reasons, we do not find any ground to differ with the view taken by the learned Single Judge.
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9. In the result, the Writ Appeal fails and is hereby dismissed.
Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.
___________________ ALOK ARADHE, CJ ________________________ ANIL KUMAR JUKANTI, J 23rd JANUARY, 2024.
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