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2025 Supreme(Online)(TEL) 1807

THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO WRIT PETITION No.5543 of 2025

ORDER:

This writ petition is filed 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 4th Respondent in not referring the applications of the Petitioners Dt.07/07/2016 made U/s 64 of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 30 of 2013 to the Authority in respect of the 1st Petitioner H.No.1133 in Sy.No. 338, 2nd Petitioner H.No.1135 and 171/1 in Sy.No.338 and as well as Petitioner No.3 H.No.1110 in Sy.No.344 situated at Rudravaram Village of Vemulawada Mandal, Rajanna Siricilla District as illegal and arbitrary action and also violative of Articles 14, 16, 21 of the 300A of the Constitution of India and provisions of Act 30/2013 and consequently direct the 4th Respondent herein to refer the matter to the Authority U/Sec 64 of the Land Acquisition Act 30/2013 forthwith.”

2. Heard Sri Ch.Shiva Kumar Raju, learned counsel for petitioners and Sri Somu Srinivas Reddy, learned Assistant Government Pleader for Land Acquisition for respondent Nos.1 to 4.

3. With the consent of learned counsel for the parties, the writ petition is being disposed of at the stage of admission.

4. Learned counsel for petitioners submitted that petitioners’ structures were acquired for the purpose of construction of Mid Manair. In the said construction, the structures of the petitioners were submerged. Respondent No.4 passed award vide No.G/749/2007, dated 30.06.2016 and determined meager compensation and not satisfying with the said compensation, the petitioner submitted application dated 07.07.2016, under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for brevity ‘Act 30 of 2013’), before respondent No.4, requesting him to refer the matter to the competent authority, as per Section 64 of the Act 30 of 2013. In spite of the request made by the petitioner, respondent No.4 has not taken any steps to consider the same, without giving any reasons.

5. Learned Assistant Government Pleader submitted that if the application submitted by the petitioner, dated 07.07.2016 is in accordance with the provisions of Section 64 of the Act 30 of 2013, respondent No.4 will consider the same and pass appropriate orders in accordance with law and requested this Court to grant reasonable time.

6. Taking into consideration the facts and circumstances of the case and submissions made by the respective parties and without going into the merits of the case, this Court deems it appropriate to dispose of the Writ Petition, with a direction to respondent No.4 to consider the application submitted by the petitioner dated 07.07.2016 and pass appropriate orders in accordance with law, within a period of four (4)

weeks from the date of receipt of a copy of this order.

7. With the above direction, the Writ Petition is disposed of. No costs.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

______________________

J. SREENIVAS RAO, J Date: 25.02.2025 Note: Issue CC in a week b/o vsl

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