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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT IIYDERABAD WEDNESD.AY, THE TWENTY FOURTHNAY OF JUNE

: PRESENT: THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY

WRIT PETITION NO: 7419 OF 2020

Befween:

• l. Yekkaladevi Yellam, S/o. Sailu
• 2. Surakonti Madhusudhan Reddy, S/o. Mallareddy
• 3. Surakonti Malla Reddy, S/o. Mallareddy
• 4. Thalari Chandraiah, S/o. Mallaiah
• 5. Sandanaboina Rajaiah, S/o. Rajaiah
• 6. Sandanaboina Ramchandram, S/o. Rajaiah
• 7. Sandanaboina Narayana, S/o.Venkaiah
• 8. Sandanaboina Laxmi, Wo. Pentaiah
• 9. Godugu Pedda Kistaiah, S/o. Pentaiah
• 10. Oggu Rajaiah, S/o. Komuraiah
• I l. Nune Chinna Pentaiah, S/o. Isthari
• 12. Godugu Balawa, S/o. Pentaiah
• 13, Nimmaraju Balaiah, S/o. Rajaiah
• 14. Ranga Yadavva, W/o. Narayana
• 15. Nirnmaraju Rajaiah, S/o. Mallaiah
• 16. Juvvi Ramgopal, S/o.Narayana
• 17. Nimmaraju Anjaiah, S/o. Rajaiah
• 18. Nirnmaraju Balawa, Wo. Chandram
• 19. Nune Narsimulu, S/o. Pentaiah
• 20. Nayini Srinivas, S/o. Raj alingam
• ²¹. Matroju Krishnachary, S/o. Brahmaiah
• 22. Amshala Rajamani, Wio. S;ilu
• 23. Nayini Kamsavva, Wo.Pentaiah

ANT)

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Petitioners

• ^I. State of Telangana, Represented by its Principal Secretary, Revenue Department (J.A and L.A), T.S Secretariat buildings, Hyderabad.
• 2. State of Telangana, Represented by its Principal Secretary, Irrigation and CAD Department, T.S Secretariat buildings, Hyderabad.
• 3. Commissioner, Rehabilitation and Resettlement, Govemment of Telangana, Budha Bhavan, Hyderabad.
• 4. District Collector, Siddipet District, Siddipet.
• 5. District Joint Collector and Administrator, R & R Siddipet District, Siddipet
• 6. Special Deputy Collector (L.A) and Kaleswaram Project Unit- I and Revenue Divisional Officer (R.D.O), Siddipet Division, Siddipet District.
• 7. Mandal Tahsildar, Thoguta Mandal, Siddipet District.
• 8. Executive Engineer, Executive Engineer, Kaleswaram Project, Construction Division No. 7, Gajwel, Siddipet District.
• 9, Circle Inspector ofPolice, Thoguta Circle, Thoguta, Siddipet District.
• ^I0. Sub-lnspector of Police, Thoguta P. S, Thoguta, Siddipet District.

Respondents

Petition under Artic|e 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction. more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the respondent authorities in issuing declaration uis 19(l) and award enquiry notice under section 21 of Act 30 of20l3 as amended by Act 2l of 2011 for acquisition of .houses ofthe petitioners in Etigaddakistapur village, Thoguta mandal based on a lapsed 1l(1) notification and in complete violation of provisions ofAct 30 of 2013, particularly section 11(2), 15,16, 17,18, 19 and ²¹ among others and without taking any action on the representations of the petitioners as illegal, unconstitutional and against the principles of natural justice and consequently set aside the 1 1( 1) notification vide Gazette No.45l2018 dated 2210112018, declaration vide Gazette No. 563/2019, dated 18/09/2019 and award enquiry notice dated 2010212020 issued for acquisition of the subject residential houses ofthe petitioners in Etigadddakistapur village, Thoguta Mandal

IA \O: I OI. ²⁰²⁰

Pctition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Couft may be pleased to grant stay on all further proceedings pursuant to the 1l(l) notification issued vide Gazette No.45l2018 dated 2210112018, declaration vide Gazette No. 563i2019, dated l8/09i2019 and award enquiry notioe datcd ^2010212020issued for acquisition of the subject residential houses of the petitioners in Etigaddakistapur village, Thoguta Mandal, including removal of essential infrastructure like roads, water supply, electricity connections, communication lines etc., and causing any destruction and construction activities in the subject lands, pending disposal of WP 7419 of 2020, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri Ch Ravi Kumar Advocate for the Petitioners and Assistant GP for Land Acquisition for the Respondent No. 1 to 8 and ofCP for Home for respondent No. 9 & 10, the Court made the following.

ORDER;

Matter was listed on 02.06.2020, and the learned Special Government Pleader, appearing for respondents, sought time for instructions and accordingly the matter was adjourned to 04.06.2020. On 04.06.2020, the learned Special Government Pleader sought time for filing counter affidavit and the matter was adjourned. To day, the learned Assistant Government Pleader for Land Acquisition again seeks time for filing counter affidavit.

Learned counsel for the petitioners submits that notification under Section l1(l) of Act 30 of 2013 rvas issued on 23.01.2018, and the declaration under Section 19, was made on 20.09.2019 i,e., after a period of one year, and no extension was granted.

Learned Assistant Government Pleader for Land Acquisition could not gct instructions on thc above submission of the.learned counsel for the petitioners, and he seeks time for filing counter affidavit.

Post after four weeks in the motion list.

In the meanwhile, there shall be interim stay as prayed for.

SO/. ^N . CHA.NDR''\SEKI{ARA I{.qO //TRUE COPY// ASSISTANT RE ^T SECTIO FFICEII.

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To,

• ^I. The Principal Secretary, Revenue Department (J.A and L.A), State of Telangana, T.S Secretariat buildings, Hyderabad.
• 2. The Principal Secretary, Irrigation and CAD Department, State ofTelangana, T.S Secretariat buildings, Hyderabad.
• 3. Commissioner, Rehabilitation and Resettlement, Govemment of Telangana, Budha Bhavan, Hyderabad.
• 4. District Collector, Siddipet District, Siddipet.
• 5. District Joint Collector and Administrator, R & R Siddipet District, Siddipet
• 6. Special Deputy Collector (L.A) and Kaleswaram Project Unir I and Revenue Divisional Officer (R.D.O), Siddipet Division, Siddipet District.
• 7. Mandal Tahsildar, Thoguta Mandal, Siddipet District.
• 8. Executive Engineer, Executive Engineer, Kaleswaram Project, Construction Division No 7, Gajwel, Siddipet District.
• 9. Circle Inspector ofPolice, Thoguta Circle, Thoguta, Siddipet District
• ^I0. Sub-lnspector of Police, Thoguta P. S, Thoguta, Siddipet District. (Addressees I to l0 by RPAD)
• ¹I . One CC to Sri Ch Ravi Kumar Advocate [OPUC]
• '12. Two CC to GP for Land Acquisition, High Court of Judicature at Hyderabad. [OUT]
• 13. One spare copy /

HIGH COURT

ARRJ

DATED:24/06/2020

NOTE: POST AFTER FOUR WEEKS IN THE MOTION LIST

ORDER

WP.No.7419 of 2020

INTERIM STAY