Telangana High Court
Erupulla Rukkamma, vs State Of Telangana on 25 September, 2024
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE J.SREENIVAS RAO
WRIT APPEAL No.885 OF 2010
JUDGMENT:
(per the Hon'ble Sri Justice J. Sreenivas Rao)
This intra court appeal is filed aggrieved by the orders dated
21.03.2006 in Writ Petition No.8118 of 1995 passed by the learned
Single Judge of the erstwhile High Court of Judicature, Andhra
Pradesh at Hyderabad.
2. No representation on behalf of either of the parties.
3. Brief facts of the case:
3.1 The appellants are claiming that they are the successors of
late E.Bala Singari, late G.Pedda Balaiah and late G.Durgaiah and
the Government had assigned the land to an extent of Ac.2-00 to
each family in Sy.Nos.132/2, 329/1, 330/3, 331/7, 331/9 and
331/10 situated at Quthbullapur Village total extent of Ac.12-00.
3.2 In the year 1962, Military Estate Officer, Andhra Pradesh
Circle, Secunderabad, illegally occupied the assigned agriculture
land to an extent of Ac.21-15 guntas, out of Ac.63-12 guntas. On
11.01.1962, respondent No.1 issued G.O.Rt.No.12, Industries
Department, authorizing respondent No.4 to acquire Ac.263.11
guntas specified in the said G.O. situated at Qutubullapur,
Balanagar and Boinapally Villages. On 11.01.1962, respondent
No.1 issued another G.O.Rt.No.13, Industries Department,
authorizing respondent No.4 to acquire Ac.72.20 guntas situated at
Moosapet and Kukatpalli villages.
3.3 It is further averred that the appellants' families were in
possession and enjoyment of Ac.26-07 guntas of land, which was
assigned to them under Laoni Rules, 1950. The said land was not
required for respondent No.4, however, he took possession of
Ac.263.11 guntas of land as per G.O.Rt.No.12, dated 11.01.1962
and Ac.72.20 guntas of land as per G.O.Rt.13, dated 11.01.1962
total Ac.335.31 guntas of land. Respondent No.4, instead of
delivering the above said Ac.335.31 guntas of land, delivered 361.38
guntas including Ac.26.07 guntas of land to respondent No.5
illegally. Therefore, the appellants are entitled for possession of
their respective land or for compensation. When the appellants have
approached the respondent authorities, they failed to deliver the
land or to pay compensation under the Land Acquisition Act, 1894
and therefore, the appellants have approached the erstwhile High
Court of Judicature, Andhra Pradesh at Hyderabad and filed Writ
Petition No.8118 of 1995 questioning the action of the respondents
in not delivering possession or not paying the compensation amount
to them proportionately. Learned Single Judge dismissed the said
writ petition on the ground that the appellants have approached the
Court after lapse of long period of 34 to 38 years. Aggrieved by the
same, the appellants have filed the present writ appeal.
4. From perusal of the records, it reveals that the learned Single
Judge after considering the contentions of the respective parties and
the material available on record, dismissed the writ petition holding
that the appellants have filed Writ Petition No.8118 of 1995
claiming restoration of possession, or alternatively for payment of
compensation in respect of the subject property, after lapse of
nearly more than 38 years. The appellants have not given any
reasons much less valid reasons for the long delay and latches. The
learned Single Judge has rightly dismissed the Writ Petition and
this Court does not find any ground to interfere with the order
passed by the learned Single Judge.
5. Accordingly, the Writ Appeal is dismissed. There shall be no
order as to costs.
Miscellaneous applications, if any pending, shall stand closed.
_______________________
ALOK ARADHE, CJ
_____________________________
J.SREENIVAS RAO, J
Date: 25.09.2024.
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