R.Shivaram,And 3 vs R.D.O And L.A.O,Adilabad,And 3
2024 Latest Caselaw 1613 Tel

Telangana High Court

R.Shivaram,And 3 vs R.D.O And L.A.O,Adilabad,And 3 on 19 April, 2024

                                     1
                                                                        SK, J
                                                        W.P.No.39904 of 2015




           THE HON'BLE SRI JUSTICE K.SARATH

                       W.P.No.39904 of 2015
ORDER:

This writ petition is filed with the following prayer:

" to pass an order or orders direction or directions or issue a writ more particularly in the nature of Writ of Mandamus directing the respondents herein to pay the adequate compensation with all consequential benefits according to the mandatory provisions of Land Acquisition Act on par with private pattedars and in pursuant to the orders passed by the Honourable High Court in W.P.No.13259 of 2004 dated 23.3.2010 in respect of following acquired land of petitioners herein i e

1. Rathod Shivaram-1 acre 1½ guntas in Sy No.52.

2. 2 Jadhav Himla-2 acres 4 guntas in Sy.Nos.61 and 62.

3. Jadhav Seethabai-6 acres in Sy.No.53/1.

4. Jadhav Jamla-6 acres 53/2.

the entire land (15 acres 1 gunta) is situated at Gangapur Village. Mandal Narnoor. District Adilabad. which was acquired for formation of New Irrigation Tank through proceedings of the respondent No.1 herein vide No.C/74/2002 dated 21-6-2003 and consequently declare the action of respondents in not paying the said compensation is illegal, arbitrary. violative of Article 14, 31A. 300A and 21 of the Constitution of India".

2. Heard learned counsel for the petitioners and learned

Government Pleader for Revenue.

3. The petitioners have earlier filed W.P.No.13259 of

2004 and the same was disposed by this Court

on 23.03.2010 following the judgment of this Court in

Land Acquisition Officer-cum-Revenue Divisional

Officer vs. Mekala Pandu 1 and directed the respondents

to pay compensation as per the provisions of the Land

1 2004(2) ALT 546

SK, J

Acquisition Act to the petitioners in respect of assigned

lands acquired from them. The said orders have not been

complied with on the ground that the Hon'ble Supreme

Court has granted stay in SLP 670-678 of 2005 (Civil

Appeal No.9317-9321 of 2012) filed by the respondents.

Thereafter, the said SLP was dismissed on 04.08.2014 vide

A.P. Industrial Infrastructure Corporation Ltd., vs.

Ramesh Singh and others 2. In spite of disposal of the

SLP, the respondents did not choose to comply with the

orders of this Court in W.P.No.13259 of 2004

dated 23.03.2010 and hence, the instant writ petition is

filed by the petitioners.

4. Even after a lapse of more than 8 years, the

respondents did not choose to file counters denying the

averments made in the writ affidavit.

5. In view of the same, the Writ Petition is disposed of

directing the respondents to pay compensation to the

petitioners on par with the private pattadars in respect of

the subject lands acquired through proceedings

No.C/74/02 dated 21.06.2003 issued by the respondent

2 2014 SCC Online SC 1885

SK, J

No.1 by implementing the orders passed by this Court in

W.P.No.13259 of 2004 dated 23.03.2010 within four (4)

months from the date of receipt of a copy of this order. No

order as to costs.

6. Miscellaneous Applications, if any pending in this

writ petition, shall stand closed.

_____________________ JUSTICE K.SARATH Date:19.04.2024 sj