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2024 Supreme(Online)(TEL) 7842

THE HON’BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.23816 of 2024

ORDER:

This Writ Petition is filed seeking the following relief:

“….to pass an order, direction, or a writ particularly in the nature of writ of mandamus declaring that the action of the Respondents in making efforts to acquire the property of the Petitioner i.e., all that the property bearing No. 4-41 & 4-41/1,total admeasuring 365 Sq. Yards in Survey No. 6, situated in Parsapur Village, Kodangal Mandal, Vikarabad Dist., TS, without paying compensation and without following due process of law and without paying fair compensation under The Right To Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act as illegal, arbitrary and unconstitutional and consequently prayed this Court to direct the Respondents not acquire the Petitioner's property i.e., all that the property bearing No. 4-41 & 4-41/1, total admeasuring 365 Sq. Yards in Survey No. 6, situated in Parsapur Village, Kodangal Mandal, Vikarabad Dist., TS, without following due process of law and The Right To Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act and direct the respondents to calculate the compensation as per the existing market value of land as contemplated under The Right To Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act..…”

2. Considered the submissions of the learned counsel for the respective parties and perused the record.

3. The case of the petitioner is that her husband Late Sri Syed Osman was the absolute owner and possessor of property bearing Nos.4-41 & 4-41/1, admeasuring 365 square yards in Survey No.

6, situated at Parsapur Village, Kodangal Mandal, Vikarabad District and the revenue authorities have also issued pattadar passbooks and title deeds in his favour. It is further case of the petitioner that on 22.08.2024, respondent Nos.3 to 6 approached her and asked to handover the said property for the purpose of road widening, for which she requested the respondents either to provide alternative land or pay appropriate compensation but the respondents instead of paying compensation had threatened her.

4. The learned counsel for the petitioner has submitted that without paying compensation and without following the due procedure contemplated under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (for short “RFCTLARR Act, 2013”), the respondents are making efforts to acquire the subject property of the petitioner and therefore, prayed this Court to allow the writ petition as prayed for.

5. In view of the above submissions, this Court without expressing any opinion with regard to the merits of the matter, deems it appropriate to dispose of the writ petition directing the respondents to follow the due procedure contemplated under the provisions of the RFCTLARR Act, 2013, if the lands of the petitioner are required for the purpose of road widening.

6. With the above directions, this Writ Petition is disposed of.

No order as to costs.

Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

_________________________________ JUSTICE C.V.BHASKAR REDDY Date: 30.08.2024 sus

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