THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.28467 of 2025

ORDER

Heard learned counsel for the petitioners and learned Assistant Government Pleader for R&B appearing for respondent No.1 and learned Assistant Government Pleader for Land Acquisition appearing for respondent Nos.2 and 3. With their consent, this writ petition is being taken up for disposal.

2. This writ petition is filed by the petitioners questioning the inaction on the part of the respondent Nos.2 and 3 in considering the applications of the petitioners dated 19.09.2024 and 28.11.2024 made under Section 28-A of the Land Acquisition Act, 1894 as being illegal, arbitrary and violative of articles 14 and 300-A of Constitution of India and consequently, seeking a direction to respondent Nos.2 and 3 to comply the orders passed by the Hon’ble High Court in W.P.No.12009 of 2016 dated 03.06.2016 by fixing timeline from the receipt of disposal of this petition and the application of the petitioners for payment of lawful compensation as per the orders passed by the Hon’ble High Court.

3. The facts in brief as stated in the affidavit are that the petitioners submits that they are the owners of lands as mentioned below:

Sl.No. Name of the Petitioner Extent of the land in Sy.No.

Ac.gts.

1 V. Saidaiah 0-18 723

2 Shaik Jani Pasha 0-18 798 3 Shaik Bale Saheb 0-18 798 4 Seethaiah 0-10 793

4. It is submitted that the said lands were acquired for the purpose of laying Railway Lane at Damercherla Village and Mandal, Nalgonda District by issuing a common notification dated 23.03.2010 under Section 4 (1) of the said Act. The advance possession of the said lands along with others was taken and a common award was made by the 3^rd respondent on 23.03.2010 in Award Proceedings No.E/1476 of 2007 and awarded compensation of Rs.1,00,000/- per acre and for I.D crops at the rate of Rs.1,25,000/- per acre along with all statutory benefits under the L.A.Act of 1984. At the instance of some other claimants, reference under Section 18 of the said Act was made to the reference Court which was numbered as O.P.No.47 of 2013 on the file of Senior Civil Judge, Miryalguda. The reference Court vide its judgment dated 27.04.2025 enhanced compensation to Rs.475-00 per square yard in O.P.No.47 of 2013 on the file of Senior Civil Judge, Miryalguda and thereafter, no appeal has been preferred by the 3rd respondent and the judgment of the reference court has become final. Further, the petitioner made an application under Section 28 of the Act before the 3rd respondent by enclosing a copy of the award passed in O.P.No.47 of 2013, with a prayer to re-determine the compensation. The petitioners made the said application on 08.07.2015 under acknowledgement and another representation was made on

29.10.2015. Inspite of the same, nothing was informed and the applications of the petitioners were not considered. It is further submitted that the petitioners have filed W.P.No.12009 of 2016 challenging the aforementioned inaction on the part of the respondent Nos.2 and 3 in considering the application of the petitioners dated 08.07.2025. This Court by order dated 06.06.2016 directed respondent Nos.2 and 3 to dispose of the application within a period of (02) months from the date of receipt of copy of this order. Thereafter, representations are made to the respondents on 19.09.2024 and 28.11.2024 to comply the orders but no action has been taken. The time fixed by the Hon’ble High Court in W.P starts from the disposal of L.A.A.S.No.298 of 2015 and batch dated 25.07.2024, despite the above orders, the respondents did not consider the representations of the petitioners. Questioning the same, the present writ petition is filed.

5. Learned Assistant Government Pleader appearing for Land Acquisition has placed the written instructions submitted by Land Acquisition Officer & Sub-Collector, Miryalguda wherein it is submitted that this is a fit case to file S.L.P before the Hon’ble Supreme Court against the orders in L.A