THE HON’BLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.21840 of 2025

ORDER

The petitioners are aggrieved by the action of respondents in trying to disburse the compensation in furtherance of declaration dated 16.06.2025 in favour of respondent Nos.4 to 13 for joint family property situated at Gadimunkanpally Village, Shivara of Damarigadda Mandal, Narayanpet District despite pendency of partition suit vide O.S.No.481/2022 (Old O.S.No.244/2021) and without considering the objections vide representation dated 16.07.2025 and a consequential prayer is sought to direct respondent No.3 not to disburse the award amount to the respondent Nos.4 to 13.

2. Learned counsel for the petitioners submits that petitioners and respondent Nos.4 to 13 belongs to joint family and the land in Sy.No.57 admeasuring Ac.13-18 gts., Sy.No.76/A/A admeasuring Ac.1-16 gts., and Sy.No.244 admeasuring Ac.2-00 gts., situated at Gadimunukanpally Village, Shivara of Damargidda Mandal, Narayanpet District (subject property) constitute joint family property. The said property has been acquired by the Government for the purpose of lift irrigation project by respondent No.3 on 12.03.2025 by issuing notification under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013). A partition suit in respect of subject land has been filed in O.S.No.481/2022 (old O.S.No.244/2021) pending before Junior Civil Judge, Kosgi. Learned counsel further submits that subject land is partition property and petitioner as well as respondent Nos.4 to 13 has common interest and if the amount is disbursed during the pendency of suit, the suit itself becomes infructuous and submits that if the compensation is deposited to the accounts of respondent Nos.4 to 13, petitioners will be put to severe loss and hardship. Learned counsel would further submit that till the suit is decided, the compensation amount shall not disbursed. In that regard, petitioners have made a representation to RDO, Narayanpet on 16.07.2025 requesting to deposit the compensation before the concerned authority. Learned counsel for the petitioner confines his prayer only to the extent of disposing of their representation/objections submitted to RDO, Narayanment on 16.07.2025 in a time bound manner and submits that till the suit is decided, compensation shall not be disbursed.

3. Learned Assistant Government Pleader for Land Acquisition submits that if the said representation is still pending for consideration, the respondent authorities may be directed to dispose of the petitioners’ representation, dated 16.07.2025 and pass appropriate orders in accordance with law.

4. In view of the submission made by the learned counsel on either side and without going into the merits of the case, this writ petition is disposed of directing the respondent authorities to dispose of the petitioners’ representation, dated 16.07.2025 by putting all the concerned parities on notice who have interest on the subject property and after giving a fair opportunity of hearing to all the concerned parties and after verification of all the documents and case details pass appropriate orders strictly in accordance with law, as expeditiously as possible, preferably within a period of four (04) weeks from the date of receipt of a copy of this order and thereafter, communicate the same to the parties.

5. With the consent of learned counsel on either side, this writ petition is disposed of.

Miscellaneous petitions, pending, if any, shall stand closed. However, there shall be no order as to costs.

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N.V.SHRAVAN KUMAR, J

28.07.2025

MRM