HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.39293 of 2015

ORDER

This writ petition is filed seeking the following prayer:- “to declare the inaction of the respondents in not considering the representations made by the Petitioners and also in not extending the benefits contemplated under the Rehabilitation and Resettlement policy vide G.O.Ms.No.68 dated 08th April, 2005 issued by Irrigation and C.A.D (Project Wing-L.A-IV-R&R) Department., in lieu of the acquisition of the properties of the Petitioners for Mid-Maneru Reservoir by issuing a Notification in the Karimnagar District Gazette vide Gazette No.64 dated 29.12.2009 as arbitrary, illegal, unlawful, wholly unsustainable in law and violative of Articles 14, 19, 21 and 300-A of the Constitution of India and to consequently direct the respondents to grant benefits to the Petitioners as stated in the Rehabilitation and Resettlement policy vide G.O.Ms.No.68 dated 08th April, 2005 issued by Irrigation and C.A.D (Project Wing-L.A-IV-R&R)

Department for the Project Displaced Families.”

2. Brief facts stated in this writ petition are that the petitioners are the residents of Kodurpaka Village, Boinpally Mandal, Karimnagar District and they claim to be the possessors of the residential houses where in they are staying. The case of the petitioners is that the then Government of Andhra Pradesh vide Gazette Notification No.64 dated 29.12.2009 and vide proceeding No.G1/4274/2009 stated that the survey was conducted in Kodurpaka village and the said village was notified as fully Submerged village under Mid Manair Reservoir. Further case of the petitioners is that the respondent authorities vide G.O.Ms.No.68 dated 08.04.2005, granted several benefits like allotment of house sites, payment of ex- gratia and various other benefits to the project displaced families and the said benefits were not extended to the petitioners. Hence, the petitioners made several representations and requested respondent authorities to grant such benefits to the petitioners and when the same was not considered, petitioners filed this writ petition.

3. Sri.Katta Radha Sandeepthi Reddy, learned Assistant Government Pleader for Land Acquisition appearing for respondent Nos.2 and 3 submits that counter is filed on behalf of respondent Nos.2 and 3, wherein it is stated that as per Para 3.16 of G.O.Ms.No.68 dated 08.04.2005, the project affected families means the families who has been residing continuously for a period of not less than (3) years preceding the date of declaration of the affected zone and thus, the benefits were extended to such families only and not to the families who are not permanently residing in the project affected areas. It is further submitted that as per the re-verification made by the Tahsildar, Boinpali, the petitioners are enlisted in in-eligible list, hence, the petitioner were not given benefits under G.O.Ms.No.68 dated 08.04.2005 and pray this Court to dismiss the writ petition.

4. Heard, learned Assistant Government Pleader for Revenue and it is noticed that inspite of matter being posted under the caption ‘specially identified cases’, there is no representation on behalf of the petitioners either in physical mode or in virtual mode.

5. Having considered the facts and circumstances submitted by the learned Assistant Government for Revenue and in view of the fact that petitioners fails to substantiate their case, the writ petition fails and this Court deems it appropriate to dismiss the writ petition.

6. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.

As sequel to it, Miscellaneous Petitions, if any pending, shall stand dismissed.

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N.V.SHRAVAN KUMAR, J

02.07.2025 Su