THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION No.12836 OF 2021

ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

"…..to issue a Writ, Order or direction more particularly one in the nature of Writ of mandamus declaring the action of the respondents in not considering the objections raised by the petitioner on 11.09.2020 in pursuance of the draft supplementary list dt 07.09.2020 of the beneficiaries in Rehabilitation and Resettlement of the oustes of Gandikota Resorvior project as illegal arbitrary and consequently direct the respondents to cause enquiry on objections raised by the petitioner in his objection petition dt 11.09.2020…"

2. The precise case of the petitioner is that he is the resident of Talla Proddatur Village, Railway Kondapuram Mandal, Y.S.R.Kadapa District. The Village was submerged under Gandikota Project and paid compensation for the structures (Houses) to the respective owners. As a part of rehabilitation for the displaced villagers, the government has taken a decision to allot house sites. It was decided that not only the owners of the houses, but also the persons, who are dwelling in the village as tenants shall also be included for the purpose of granting benefit by rehabilitation. The cut off year was fixed as 2010 and therefore the persons who were residing in the village even in the capacity of tenants as on 2010 are eligible for rehabilitation. However, certain persons were not included in the list of beneficiaries. Therefore, the respondents prepared a draft supplementary list dated 07.09.2020 and published the same and invited objections for the said draft list. The objections were to be made on or before 15.09.2020 and the petitioner made detailed objections on 11.09.2020 to the Revenue Divisional Officer, Jammalamadugu alleging that certain ineligible persons were

included in the list and the petitioner made specific allegation and asked the respondents to cause enquiry on the objections made by him, but so far, no action was taken and thereby questioned the inaction on the part of the respondents and requested to declare the same as illegal and arbitrary and consequently direct the respondents to consider the objections submitted by the petitioner in accordance with law by the 4th Respondent/ Revenue Divisional Officer.

3. During hearing learned counsel for the petitioner reiterated the contentions urged in the petition, whereas learned Assistant Government Pleader for Land Acquisition submitted that the respondent authorities are agreed to consider the objections of the petitioner in accordance with law within a period of six (06) weeks.

4. In view of the submission made by the learned Assistant Government Pleader for Land Acquisition, no further adjudication is required in this matter. However, suffice it to issue a direction to consider the objections of the petitioner dated 11.09.2020 submitted to the 4th Respondent/ Revenue Divisional Officer, for inclusion of certain ineligible persons for rehabilitation by Deputy Tahsildar in the supplementary list of eligible persons for rehabilitation and to take action in accordance with law within a period of six (06) weeks from today.

5. With the above direction, the Writ Petition is disposed of at the stage of admission with the consent of both counsel. There shall be no order as to costs. As a sequel, all the pending miscellaneous applications are closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 07.07.2021 KK

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THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION No.12836 OF 2021

Date: 07.07.2021

KK