Telangana High Court
Kodapa Jangu vs The Land Acquisition ... on 19 April, 2024
1
SK, J
W.P.No.37749 of 2015
THE HON'BLE SRI JUSTICE K.SARATH
W.P.No.37749 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 Division Bench of this Honourable High Court in
W.A.No.111 of 2004 dated 13.04.2004 in respect of following
acquired land of petitioners herein i e
1. K. Jangu, 3 acres 8 guntas in Sy. No.78/44/2
(Petitioner No. 1)
2. Sedam Jaithu, 2 acres 21 guntas in Sy. No.78/66/2
(Petitioner No.2)
3. P. Anasuya Bai, 23 guntas in Sy.No.78/40 (Petitioner
No.3)
4. D.Paryaga Bai, 18 guntas in Sy.No.78/42/2
(Petitioner No. 4)
5. K. Thukaram, 1 acre 35 guntas in Sy.No.78/65/2
(Petitioner No. 5)
6. D.Sitharam, 2 acre 20 guntas in Sy.No.78/41
(Petitioner No. 6)
7. D.Bheemshah, 3 acres 5 guntas in Sy.No.78/39
(Petitioner No.7)
8. P.Jaganath Rao, 12 guntas in Sy.No.78/63/2
(Petitioner No.8)
entire land is situated in Jamgaon village, Mandal Jainoor,
District Adilabad, which was acquired for formation of New
Irrigation Tank through proceedings of the respondent No.1
herein vide No.C/5578/95 dated 14-09-1998 and
consequently declare the action of respondents in not paying
the said compensation is illegal, arbitrary, violative of Article
14, 31-A 300-A 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.13225 of
2003 and the same was dismissed by this Court
SK, J
on 08.07.2003 following the decision of a Full Bench of this
Court in State of A.P.,, vs. P. Peda Chinnayya 1.
Challenging the same, the petitioners filed W.A.No.111 of
2004 and the same was allowed by a Division Bench of this
Court on 13.04.2004 setting aside the order
dated 08.07.2003 in W.P.No.13225 of 2003 following the
judgment of this Court in Land Acquisition Officer-cum-
Revenue Divisional Officer vs. Mekala Pandu 2 and
directed the respondents to pay compensation as per the
provisions of the Land 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 3. In
spite of disposal of the SLP, the respondents did not choose
to comply with the orders of this Court in W.A.No.111 of
1 1995(2) ALD 1215 FB
2 2004(2) ALT 546
3 2014 SCC Online SC 1885
SK, J
2004 dated 13.04.2004 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/5578/95 dated 14.09.1998 issued by the respondent
No.1 by implementing the orders passed by the Division
Bench of this Court in W.A.No.111 of 2004 dated
13.04.2004 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
