Telangana High Court
Mohammed Ghouse Khan vs The State Of Telangana And 3 Others on 23 January, 2024
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI
WRIT APPEAL No.193 of 2022
JUDGMENT:
(per the Hon'ble the Chief Justice Alok Aradhe)
Mr. K. Upender Reddy, learned counsel appears for the
appellant.
Ms. P. Bhavana Rao, learned Government Pleader for
Land Acquisition appears for the respondents.
2. This intra court appeal has been filed against an order
dated 03.01.2022 by which Writ Petition No.4611 of 2021
filed by the appellant has been dismissed.
3. Facts giving rise to filing of this Writ Appeal briefly
stated are that the Sub-Collector, Bodhan, had assigned the
land to an extent of Acs.9.18 guntas in Survey No.74 of
Achampet Village to the grandmother of the appellant. After
demise of the grandmother and father of the appellant, the
property devolved on him and pattadar pass book was issued 2 CJ & JAK, J WA.No.193 of 2022
in favour of the appellant. As per the averments made in the
Writ Petition, the lands held by the ancestors of the appellant
were submerged in Koilsagar Project. Therefore, his ancestors
filed Writ Petition No.3467 of 1988 which was disposed of on
13.09.1988 with the direction to the respondents to allot the
alternative land to the ancestors of the appellant. However, no
action was taken by the respondents for allotment of an
alternative land. Thereupon, the appellant filed another Writ
Petition, namely, Writ Petition No.3658 of 2008 which was
dismissed by learned Single Judge of erstwhile High Court of
Andhra Pradesh by an order dated 19.02.2009. The aforesaid
order passed by the learned Single Judge was upheld by the
Division Bench of erstwhile High Court of Andhra Pradesh as
Writ Appeal No.923 of 2009 filed by the appellant was also
dismissed by judgment dated 21.10.2009.
4. According to the appellant, again, an area measuring
Acs.8.36 guntas out of the total extent of Acs.9.18 guntas was
submerged in Nizamsagar Project. Thereupon, the appellant 3 CJ & JAK, J WA.No.193 of 2022
approached the Land Acquisition Officer seeking allotment of
alternative land. The appellant submitted a representation on
14.05.2020 to the Land Acquisition Officer for allotment of
alternative land. Thereupon, the Land Acquisition Officer by a
communication dated 28.05.2020 informed the appellant that
Writ Petition No.46586 of 2018 filed by him is pending.
Therefore, on 16.11.2020, the appellant withdrew Writ
Petition No.46586 of 2018 preferred by him.
5. The appellant thereafter again filed Writ Petition
No.4611 of 2021 seeking allotment of alternative land. The
learned Single Judge inter alia held that the Writ Petition
preferred by the appellant is barred by res judicata as Writ
Petition No.3658 of 2008 filed seeking similar relief has
already been dismissed and the order passed by the learned
Single Judge has been upheld in Writ Appeal No.923 of 2009
and the same operates as res judicata. In the aforesaid factual
background, this appeal has been filed.
4 CJ & JAK, J WA.No.193 of 2022
6. We have heard the learned counsel for the parties at
length.
7. The appellant had previously filed Writ Petition No.3658
of 2008 seeking the similar relief of allotment of alternative
land which was dismissed by the learned Single Judge vide
order dated 19.02.2009. The aforesaid order passed by the
learned Single Judge was upheld by the Division Bench of
erstwhile High Court of Andhra Pradesh in Writ Appeal
No.923 of 2009 vide judgment dated 21.10.2009. Therefore,
the learned Single Judge has rightly held that the issue
involved in the subsequent Writ Petition was barred on the
principle of res judicata. The appellant therefore is not entitled
to allotment of alternative land in the facts and circumstances
of the case.
8. For the aforementioned reasons, we do not find any
ground to differ with the view taken by the learned Single
Judge.
5 CJ & JAK, J WA.No.193 of 2022
9. In the result, the Writ Appeal fails and is hereby
dismissed.
Miscellaneous applications, if any pending, shall stand
closed. There shall be no order as to costs.
___________________ ALOK ARADHE, CJ
________________________ ANIL KUMAR JUKANTI, J 23rd JANUARY, 2024.
kvni
