HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original J urisdiction)

IVONDAY, THE SEVENTH DAY OF I/ARCH TWO THOUSAND AND TWENTY TWO

PRESENT

THE HONOURABLE SRI JUSTICE A.ABHISHEK REDDY

WRIT PETITION NO: ¹⁰⁴⁹⁶0F ²⁰²²

Between:

• ¹. Kurva An.ianamma ' Agriculture, r/o 6-43, l,4ahbubnagar w/o KurvaNarsimulu, aged about' 34 years'. occ' ci i"ri""ipritv, Cr,jaaOon-a village, Ghattumandal' Dist
• ² Kurva ChinnaVenkatesh, s/o Sunkanna'. aged ngritultuie, rlo Chinnonipally, Chadadona DistMahboobnagar 40 years,occ. Ghattumandal, about. village,

..PETITIONERS

AND

• 1, State of Telangana, Rep by its Principal Secretary' Revenue' Secretariat Building HYderabad.
• 2. District Collector, Jogulamba Gadwal District'
• 3. Special Deputy Collector (Land acquisition)' Jawahar Lift lnigation project' at Jogulamba Gadwal District'
• 4. Revenue Divisional Officer, Gadwal'
• 5. Tahsildar, Ghattumandal.
• 6. Distirct Forest Officer, Jogulamba Gadwal District Wanapathy'

...RESPONDENTS

PetitionUnderArticle226oflheConstitutionoflndiaprayingthatinthe circumstances stated in irre arioavit filed therewith, the High court . may be pleased to issue un upptopriu6 writ, order.or directions more particularly one in the nature of writ of ruanoamus declaring the in action of respondent No 2 to ⁵ i" prv*".t "t compensation of 1034 Tea-k trees falling within th^e land of the 1st ;";ti";"; and 12O Teak trees falting within the land of the 2nd petitioner in !uiuuv ruo. 463 situated at c-hadadona village, Ghattumandal , Dist. MahboobNagar ror"r.rrinj to an extent of of Ac 5 00 gts acquired under the znJ pr''rr." ior Jawahar Lifi lrrigation project in the year 201oas illegal void uruitlrrv and violative oi nrt ti, 21 'and 3004 of constitution of lndia and Consequentty issue directions to the respondents No 2 to 5 to pay compensation r"i ioi+ Teak trees falling within the tand of the 1st petitioner and 124 reak trees falling within the land of the 2nd petitioner in survey No. 463 situated at chadadona village, Ghattumandal Dist. MahboobNagar which is acquired under the 2nd phase in 2010 and 2nd phase in 2009 of Jawahar Lift lrrigation project.

r.A. NO.1 0F 2022

Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to issue directrons to respondents No.2 to 5 to pay compensation for 1034 Teak trees falling within the land of the 1st petitioner and 124 Teak trees falling within the Iand of the 2nd petitioner in survey No.463 situated at chadadona village, Ghattumandal Dist. MahboobNagar which is acquired under the 1St phase in 2006 and 2nd phase in 2009 of Jawahar Lift lrrigation proiect.

Counsel for the Petitioners : SRl.T.V'KALYAN SINGH

Counsel for the Respondent Nos.1, 2, 4 & 5: GP FOR REVENUE

Counsel for the Respondent No.3 : GP FOR LAND ACQUISITION

Counsel forthe Respondent No.6 : GP FOR FORESTS

The Court at the stage of admission made the following ORDER

THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY Writ Petition No.10496 of 2022 ORDER:

Heard the learned counsel for the petitioncrs, thc lc:rrncd Government Pleader for Revenuc, learned Government Pleadcr ior Land Acquisitions and learned Government Plcadcr lor Forests, for the respondents. With their consent, rhe Writ Petition is disposed of at the stage of admission itself.

Aggrieved by the inaction of the respondent Nos.2 to 5 in paying the compensation for the teak trees falling within the respective lands of the petitioners situated in survey No.463, Chadadona Village, Ghattu Mandal, Mahabub Nagar District, the present u,,rit petition is filed.

Learned Government Pleader [or Forcsts has submrttr:c]. across the Bench, the 'nvritten instructions received fron-r respondent No.6. Rclevant portion of the szrme rcads as unclcr

''ln this case thc enumeration list atrcl r':rllratio:r rcl)ort ol above (4961 tc2rk trees pcrtair.rir-rg lo Smt.An.jtrrnmri. W/o.Narsimulu, R/ o.Chinnonipailv and Kun.a China Vcnl<ataiah, S/o.Sunkanna, Occup:Agriculture, R/ o. Chinr-ronipaliy (v), Chadadona (v), Ghattu (M), Mahabubr-ragar (D) in Sy.No.463 at Chagadona Shivar Ghattu Manclal was done in the part ol Forest Department."

I

Iilrving re qirrd to thc abovc. instrr.rctions ol. thc rcsponclcnl No.r.r. thc rcsponcie n I No.3_special Dcpur,r, Coi]ector (Lanci Acquisrtion) is dirccted to verifl, rr,hether an' such report has bcen sent by respondent No.6. In case such a report is submitted bv the respondent No.6, the respondent No.3 shall take necessary steps for paying the compensation amount for 496 teak trees, as expeditiously as possible, preferably within a period of eight weeks Irom the date of receipt of a copy of this order, duly taking into consideration the proceedings of the chief conser,ator or.Forest, FD, Amrabad Tiger Reserve, Achampct. in Rc.No.4lO/2020/FT--s, datcd 24.04.2021. It rhe rcport o[ the resporrcicnt No.6 is nol r er rcce i'cc1, thc rcsp.rde.t No.3 s'all, forrh*.ith, scncl a reminclcr to rcsprindcnt No.6, rvho shall act on thc_ same. ln respcct ol the clairn ol the 1:ctitir>ncr-s ovcr rcn.iainins [c.rk trces. thc. arc at libcrt-r'to .pproach thc compcrenL.ruthorit]., if ther.are so ad'ised.

Accordingly, the Wrir petition is disposed of.

Miscellaneous petitions pending, if any, shail stand closed There shall be no order as to costs.

SD/.M.MANJULA ASSISTANT REGISTRAR

,TRUE COPY// f'

SECTION OFFICER

The Principal Secretary, Revenue, Secretariat Building, State of Telangana, Hvd erabad 1

The District Collector, Jogulamba Gadwal District. 2

To

2

• 3. The Special Deputy Collector (Land acquisition), Jawahar Lift lrrigation project at Jogulamba, Gadwal District.
• 4. The Revenue Divisional Officer, Gadwal.
• 5. The Tahsildar, Ghattumandal.
• 6. The District Forest Officer, Jogulamba Gadwal District Wanapathy.One CC to
• SRI.T.V.KALYAN SINGH, Advocate [OPUC] 7. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT]
• B. Two CCs to GP FOR LAND ACQUISITION, High Court for the State of
• Telangana at Hyderabad. [OUT] 9. Two CCs to GP FOR FORESTS, High Court for the State of Telangana at Hyderabad. [OUT]

10. Two CD Copies

¹1 . One spare copy

S.A. BS

A-..k d\

HIGH COURT

٦

DATED:07/03/2022

ORDER

WP.No.10496 of 2022

DISPOSING OF THE W.P AT THE STAGE OF ADMISSION

WITHOUT COSTS.

$\frac{1}{2}$

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