HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.28190 of 2015

ORDER

This writ petition is filed seeking the following prayer:-

“to declare the action of 2nd Respondent in not considering and disposing of the representation dt 30.7.2015 filed by petitioners before him as illegal, arbitrary, violative of Art 14, 19(1)(g), 21 and 300A of Constitution of India and ultra vires Section 101 of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 and to consequently direct the 2nd Respondent to forthwith consider the application filed by petitioners on 30.7.2015.”

2. Brief facts in this writ petition are that the petitioner claims to be the owner and possessor of land admeasuring Ac.19.25 gts in Sy.No.510, situated at Nadargul Village, Saroornagar Mandal, Ranga Reddy District. On 30.09.2004, the said land was notified under Section 4(1) of Land Acquisition Act and subsequently Section 6 Declaration was issued on 15.04.2005. Thereafter, the Special Deputy Collector (LA), Shamshabad, issued award proceeding bearing No.C/128/2004 dated 12.06.2006. Aggrieved by the award dated 12.06.2006, petitioner filed O.P.No.1240 of 2008 on the file of II compensation. Meanwhile, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 came into force and under Section 101 of the Act, power is given to the Government and also rights are created in the original owners of the lands for reversion of lands in case the land which acquired has remained unutilized for a period of 5 years from the date of taking over possession. Thereafter State Government had framed rules vide G.O.Ms.No.50 dated 19.12.2014 i.e., Telangana State Rights to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2014. Since, the subject land was not utilized, the petitioner on 30.07.2015 made an application before respondent No.2 for reversion of lands in question by way of reconveyance and the same is still pending. Aggrieved by the same, this writ petition is filed.

3. Today when the matter has been taken up for hearing, none appeared for petitioner.

4. Learned Assistant Government Pleader for Land Acquisition appearing for respondents submits that the respondent authorities had deposited the compensation amount in O.P.No.1240 of 2008 on would further submit that the subject property is also utilized and the cause in the writ petition does not survive for further adjudication.

5. Recording the above submission and since the cause in the writ petition does not survive, this writ petition is closed. However, liberty is granted to the petitioner to seek appropriate remedy as available under law, if otherwise aggrieved.

6. Accordingly, with the above directions this writ petition is Closed. Miscellaneous applications, if any pending, shall stand closed. No order as to costs.

____________________________

N.V.SHRAVAN KUMAR,J

01.04.2025

SU