Telangana High Court
The Zonal Manager vs Kavati Sambaiah And 8 Others on 7 January, 2022
Bench: Satish Chandra Sharma, Abhinand Kumar Shavili
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT APPEAL No.12 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
Learned counsel for the State Government, at the
outset, has informed this Court that W.A.No.673 of 2021
has been allowed by this Court, which was against the
same order based on which the impugned order was
passed in the present writ appeal. The judgment passed
by this Court in W.A.No.673 of 2021 on 31.12.2021 is
reproduced as under:-
"The present writ appeal is arising out of an interim
order dated 08.12.2020 passed in I.A.Nos.1 and 2 of 2021
in W.P.No.32928 of 2021 by the learned Single Judge.
The undisputed facts of the case reveal that four writ
petitions are preferred i.e., W.P.Nos.17299, 19504, 17199
and 19464 of 2021 challenging the land acquisition
proceedings. Undisputedly, no interim order was granted
in the aforesaid cases.
The facts reveal that after an award was passed and
as stated by the learned Government Advocate that after
taking possession of the land in question and also after
depositing the amount with the competent authorities, as
the land owners have not accepted the amount, fresh writ
petition was preferred i.e., W.P.No.32928 of 2021 and the
learned Single Judge has stayed the award.
This Court has carefully gone through the order
passed by the learned Single Judge. The learned Single
Judge has held that the notification under Section 11(1) of
the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013, was
not published in regional language. However, a document
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has been brought on record and the same reveals that the
notification was published in regional language. This Court
is not commenting upon the statement of fact, as it is
disputed by the other side. However, the fact remains that
as the award has already been passed in the matter,
possession has already been delivered and the amount of
compensation has already been deposited, the impugned
interim order deserves to be set aside and accordingly, it is
set aside.
Learned counsel for the parties, at this stage, has
fairly stated before this Court that the present writ appeal
itself be disposed of with a request to the learned Single
Judge to decide the writ petition at an early date.
In the light of the aforesaid, the present writ appeal
stands allowed and the order passed by the learned Single
Judge is set aside. Office is directed to list the matter
before the learned Single Judge on 19.01.2022 along with
all other connected matters. It is made clear that this
Court has not observed anything on merits and has only set
aside the interim order passed by the learned Single Judge.
The learned Single Judge shall be free to decide the matter
on merits. Learned Government Advocate shall make all
possible endeavours to file a counter in the pending writ
petitions.
Miscellaneous petitions, if any, shall stand closed.
There shall be no order as to costs."
In the light of the aforesaid judgment, the present
writ appeal is also allowed and the judgment passed by
this Court in W.A.No.673 of 2021 shall be applicable
mutatis mutandis in the present case also. Resultantly,
the impugned order passed by the learned Single Judge
is hereby set aside.
Office is directed to list the writ petition before the
learned Single Judge on 19.01.2022.
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The miscellaneous applications pending, if any,
shall stand closed. There shall be no order as to costs.
______________________________________
SATISH CHANDRA SHARMA, CJ
______________________________________
ABHINAND KUMAR SHAVILI, J
07.01.2022
vs
