Madavi Sheku, Adilabad Dist. vs L.A. Cum R.D.O., Utnoor Mandal And 3 Ors.
2024 Latest Caselaw 1616 Tel

Telangana High Court

Madavi Sheku, Adilabad Dist. vs L.A. Cum R.D.O., Utnoor Mandal And 3 Ors. on 19 April, 2024

                                 1
                                                                  SK, J
                                                   W.P.No.2664 of 2016




           THE HON'BLE SRI JUSTICE K.SARATH

                     W.P.No.2664 of 2016
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.13264 of 2004 dated 14-10-2009 in respect of acquired land of petitioner to the extent of 3 acres 8 guntas situated in Sy.No.22/89 of village Dongargaon, Mandal Narnoor, District Adilabad, which was acquired for formation of New Irrigation Tank 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 petitioner and learned

Government Pleader for Revenue.

3. The petitioner has earlier filed W.P.No.13264 of 2004

and the same was disposed by this Court on 14.10.2009

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 Acquisition Act to the

petitioner in respect of assigned land acquired from him.

1 2004(2) ALT 546

SK, J

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.13264 of 2004 dated 14.10.2009 and hence, the

instant writ petition is filed by the petitioner.

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

petitioner on par with the private pattadars in respect of

the subject land acquired by implementing the orders

passed by this Court in W.P.No.13264 of 2004 dated

14.10.2009 within four (4) months from the date of receipt

of a copy of this order. No order as to costs.

2 2014 SCC Online SC 1885

SK, J

6. Miscellaneous Applications, if any pending in this

writ petition, shall stand closed.

_____________________ JUSTICE K.SARATH Date:19.04.2024 sj