Yekkaladevi Yellam And 22 Others vs. State Of Telangana And 9 Others
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Order Issued After Hearing
Purpose:
Admission (Revenue-La)
Before:
Hon'ble A.Rajasheker Reddy
Listed On:
22 Jul 2020
Original Order Copy
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Order Text
$[2583]$
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY. THE TWENTY SEVENTH DAY OF HULY
TWO THOUSAND AND TWENTY : PRESENT:
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION NO: 7419 OF 2020
Between:
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- Yekkaladevi Yellam, S/o. Sailu
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- Surakonti Madhusudhan Reddy, S/o. Mallareddy
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- Surakonti Malla Reddy, S/o. Mallareddy
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- Thalari Chandraiah S'e Mallaiah
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- Sandanaboina Rajaiah, S/o. Rajaiah
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- Sandanaboina Ramchandram, S/o. Rajaiah
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- Sandanaboina Narayana, S/o. Venkaiah
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- Sandanaboina Laxmi, W/o. Pentaiah
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- Godugu Pedda Kistaiah, S/o. Pentaiah
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Oggu Rajaiah, S/o. Komuraiah
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Nunc Chinna Pentaiah, S/o. Isthari
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Godugu Balavva, S/o. Pentaiah
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- Nimmaraju Balaiah, S/o. Rajaiah
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- Ranga Yadavva, W/o. Narayana
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- Nimmaraju Rajaiah, S/o. Mallaiah
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Juvvi Ramgopal, S/o.Narayana
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Nimmaraju Anjaiah, S/o. Rajaiah
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Nimmaraju Balavva, W/o. Chandram
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Nune Narsimulu, S/o. Pentaiah
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Nayini Srinivas, 376. Rajalingam
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Matroju Krishnachary, S/o. Brahmaiah
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Amshala Rajamani, W/o. Sailu
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Nayini Kamsavva, W/o.Pentaiah
AND
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- State of Telangana, Represented by its Principal Secretary, Revenue Department (J.A and L.A), U.S Secretariat buildings, Hyderabad.
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- State of Telangana, Represented by its Principal Secretary, Irrigation and CAD Department, T.S Secretariat buildings, Hyderabad.
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- Commissioner, Rehabilitation and Resettlement, Government of Telangana, Budha Bhavan, Hyderabad.
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- District Collector, Siddipet District, Siddipet.
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- District Joint Collector and Administrator, R & R Siddipet District, Siddipet
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- Special Deputy Collector (L.A) and Kaleswaram Project Unit- 1 and Revenue Divisional Officer (R.D.O), Siddipet Division, Siddipet District.
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- Mandal Tahsildar, Hioguta Mandal, Siddipet District.
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- Executive Engineer, Executive Engineer, Kaleswaram Project, Construction Division No. 7, Gajwel, Siddipet District.
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- Circle Inspector of Police, Thoguta Circle, Thoguta, Siddipet District.
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- Sub-Inspector of Police, Thoguta P. S, Thoguta, Siddipet District.
Respondents
Petitioners
Petition under Article 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 u/s 19(1) and award enquiry notice under section 21 of Act 30 of 2013 as amended by Act 21 of 2017 for acquisition of houses of the petitioners in Etigaddakistapur village, Thoguta mandal based on a lapsed 11(1) notification and in complete violation of provisions of Act 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 11(1). notification vide Gazette No.45/2018 dated 22/01/2018, declaration vide Gazette No. 563/2019, dated 18/09/2019 and award enquiry notice dated 20/02/2020 issued for acquisition of the subject residential houses of the petitioners in Etigadddakistapur village. Thoguta Mandal
IA NO: 1 OF 2020
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to grant stay on all further proceedings pursuant to the 11(1) notification issued vide Gazette No.45/2018 dated 22/01/2018. declaration vide Gazette No. 563/2019, dated 18/09/2019 and award enquiry notice dated 20/02/2020 issued 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 the order dated $4.6.2020 & 24.06.2020$ 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 of GP for Home for respondent No. 9 & 10, the Court made the following.
ORDER:
Learned counsel for the petitioners seeks time for filing a reply.
List after two (2) weeks.
Till then, the interim order granted on 24.06.2020 is extended.
SD/- K.AMMAJI ASSISTANT/REGISTRAR
$\frac{1}{T}$ RUE COPY//
SECTION OFFICER
To,
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- One CC to Sri Ch Ravi Kumar Advocate [OPUC]
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- Two CC to GP for Land Acquisition, High Court of Judicature at Hyderabad. [OUT]
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- One spare copy
HIGH COURT
ARR,J
DATED: 27.7.2020
NOTE: LIST AFTER TWO (2) WEEKS
WP.NO.7419 OF 2020
EXTENSION OF INTERIM ORDER