S Kumar Goud, Wanaparthy Dist 20 ... vs Prl Secy, Revenue Dept, Hyderabad ...
2022 Latest Caselaw 2696 Tel

 THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                           AND
      THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

                       WRIT APPEAL No.311 of 2017

JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)

        The present writ appeal is arising out of the order dated

29.11.2016          passed        by     the      learned       Single   Judge   in

W.P.No.41179 of 2016.

        The undisputed facts of the case reveal that the writ

petition was preferred by the appellants/writ petitioners before

the learned Single Judge being aggrieved by the action of the

respondents/State in dispossessing them from the land situated

in Survey No.1051 of Thoomkunta Village, Veepangandla

Mandal, Wanaparthy District. It was stated in the writ petition

that the land admeasuring Ac.0.29 guntas in Survey No.1051

was being used by the villagers for cattle halt. Before the

learned Single Judge, it was brought on record that the land in

question was handed over to the Electricity Department for

erection of 33 KV Sub-Station and the villagers also agreed

before the Tahsildar to vacate the land, as there was no

alternative suitable land for construction of 33 KV Sub-Station,

and the villagers were also permitted to use the land adjacent to

a Vagu for cattle halt. The learned Single Judge has disposed of

the writ petition permitting the appellants/writ petitioners to

use the land adjacent to the Vagu for cattle halt.

In the considered opinion of this Court, the learned Single

Judge was certainly justified in disposing of the writ petition, as

the villagers were permitted to use alternative land for cattle

halt and also keeping in view the fact that the land was

transferred to the Electricity Department for erection of 33 KV

Sub-Station. It is not a case where the land was transferred to

private individuals and the action taken by the State

Government was in fact in the interest of the villagers, as 33 KV

Sub-Station was being established to cater to the needs of the

people residing in the vicinity of the Sub-Station. This Court

does not find any reason to interfere with the order passed by

the learned Single Judge.

Resultantly, the writ appeal stands dismissed.

Pending miscellaneous applications, if any, shall stand

closed. There shall be no order as to costs.

________________________ SATISH CHANDRA SHARMA, CJ

_______________________ ABHINAND KUMAR SHAVILI, J 14.06.2022 JSU