Telangana High Court
Saddela Srinivas, vs The State Of Telangana, on 23 March, 2023
Bench: Ujjal Bhuyan, N.Tukaramji
THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT APPEAL No.377 of 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. Rapolu Bhaskar, learned counsel for the
appellant.
2. Appellant is aggrieved by the order dated 13.12.2022
passed by the learned Single Judge dismissing
W.P.No.34062 of 2022 filed by the appellant as the writ
petitioner.
3. Appellant had filed the related writ petition seeking
the following relief:
To issue an appropriate writ, order or direction
more particularly one in the nature of writ of mandamus
declaring the action of respondent No.4 in non-
considering the representation of the petitioner and non-
initiating and legal notice of the petitioner and non-
initiating to grant the compensation to the petitioner on
his land to an extent of Ac.0.20 gts in Sy.No 33/U/1
which is situated at Garlapad revenue Village shivar of
Dharur Mandal, Jogulamba Gadwal District, which is
acquired under the land acquisition program for
construction of Priyadarshini Jurala Project and granted
the compensation on the name of respondents No.7 to
12 by illegally instead of the name of petitioner and
going to pay the compensation to them on the land of
the petitioner is highly illegal, arbitrary,
unconstitutional, violation of Articles 14, 15, 21 and
300-A of the Constitution of India and violation of
provisions of Right to Fair Compensation and
Transparency in Land Acquisition Rehabilitation and
Resettlement Act, 2013 and violation of principles of
natural justice and consequently direct the respondent
No.4 to grant compensation to the petitioner on his land
which was acquired under land acquisition program to
construct the Priyadharshini Jurala Project and to
cancel the illegal allotment of compensation on the
name of respondents No.7 to 12 as they do not have any
title or patta.
4. Learned Single Judge vide the aforesaid order dated
13.12.2022 dismissed the writ petition in the following
manner:
This Writ Petition is filed questioning the action of
the respondents 1 to 4 in not initiating steps for grant of
compensation to the petitioner in respect of land
admeasuring Ac.0.20 gts situated in Survey No.33/U/1
of Garlapad Revenue Village, Darur Mandal, Jogulamba
Gadwal District, as illegal and arbitrary.
2. It is the case of the petitioner that he is the
absolute owner and possessor of the subject land having
succeeded the same from his ancestors and also claims
that his name is entered in the revenue records and he
was also issued pattadar pass books.
3. It is the further case of the petitioner that the
said land was submerged in Priyadarshini Jurala Project
at Revulapally Village and the same was acquired by the
respondents and basing on the false representation
made by the respondents 7 to 12, the compensation was
paid in favour of the respondents 7 to 12 herein without
verifying the title over the said extent of land.
4. From a perusal of the material on record, it is
noticed that the said acquisition has taken place long
before almost a decade back and the petitioner herein
approached this Court now making a claim for
compensation in respect of the compensation, which
was already paid in favour of the respondents 7 to 12 a
decade back. In view of the abnormal delay in
approaching this Court and making a claim for
compensation by the petitioner in respect of the subject
land, this Court is not inclined to entertain the Writ
Petition in exercise of discretionary jurisdiction under
Article 226 of the Constitution of India.
5. Accordingly, the Writ Petition is dismissed.
5. Learned Single Judge noted that the land acquisition
had taken place almost a decade ago, whereas appellant
had approached the Court claiming compensation after an
inordinate delay. Therefore, learned Single Judge declined
to invoke his discretionary jurisdiction under Article 226 of
the Constitution of India and dismissed the writ petition.
6. Learned counsel for the appellant submits that
despite the appellant being the owner of the land
admeasuring Ac.0.20 guntas situated in Survey No.33/U/1
of Garlapad Revenue Village, Darur Mandal, Jogulamba
Gadwal District, he had not been paid any compensation,
instead compensation was wrongly paid to respondents
No.7 to 12 without verifying the title.
7. We have gone through the writ affidavit filed by the
appellant in support of the writ petition. The writ affidavit
is devoid of any material particulars, including the date of
the award passed. All that it says is that when appellant
came to know that his land was acquired for which
compensation was paid to respondents No.7 to 12, he had
approached his counsel who issued a legal notice on
02.08.2022 whereafter the writ petition came to be filed.
8. Interestingly, we find that in the verification column
of the writ affidavit though the exact date was not
mentioned, it was typed as July, 2022. In other words, the
writ petition was ready for filing even before the legal notice
was issued on 02.08.2022.
9. Be that as it may, we find that award was passed by
the Land Acquisition Officer and Special Deputy Collector,
Gadwal, on 07.02.2012. On perusal of the award, we find
that draft notification under Section 4(1) of the Land
Acquisition Act, 1894, was issued on 23.11.2009
whereafter draft declaration was issued on 01.01.2010. It
is not possible to agree with the contention advanced on
behalf of the appellant that appellant was totally oblivious
of the land acquisition proceedings.
10. However, appellant had his remedy under Sections
18 and 30 of the Land Acquisition Act, 1894. But instead
of availing the remedy provided under the statute,
appellant had slept over his rights, if any, and after an
inordinate delay, filed the related writ petition which was
rightly rejected by the learned Single Judge.
11. We find no merit in the writ appeal and the same is
dismissed.
Miscellaneous applications pending, if any, shall
stand closed. However, there shall be no order as to costs.
______________________________________
UJJAL BHUYAN, CJ
______________________________________
N. TUKARAMJI, J
23.03.2023
vs
