Zonal Manager vs Kavati Sambaiah And 8 Others

Learned counsel for the State Government, at the outset, has informed this Court that W.A.No.673 of 2021 has been allowed by this Court, which

was against the same order based on which the impugned order was passed in the present writ appeal. The judgment passed by this Court in

W.A.No.673 of 2021 on 31.12.2021 is reproduced as under:-

“The present writ appeal is arising out of an interim order dated 08.12.2020 passed in I.A.Nos.1 and 2 of 2021 in W.P.No.32928 of 2021 by the

learned Single Judge.

The undisputed facts of the case reveal that four writ petitions are preferred i.e., W.P.Nos.17299, 19504, 17199 and 19464 of 2021 challenging the

land acquisition proceedings. Undisputedly, no interim order was granted in the aforesaid cases.

The facts reveal that after an award was passed and as stated by the learned Government Advocate that after taking possession of the land in

question and also after depositing the amount with the competent authorities, as the land owners have not accepted the amount, fresh writ petition was

preferred i.e., W.P.No.32928 of 2021 and the learned Single Judge has stayed the award.

This Court has carefully gone through the order passed by the learned Single Judge. The learned Single Judge has held that the notification under

Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, was not published

in regional language. However, a document has been brought on record and the same reveals that the notification was published in regional language.

This Court is not commenting upon the statement of fact, as it is disputed by the other side. However, the fact remains that as the award has already

been passed in the matter, possession has already been delivered and the amount of compensation has already been deposited, the impugned interim

order deserves to be set aside and accordingly, it is set aside.

Learned counsel for the parties, at this stage, has fairly stated before this Court that the present writ appeal itself be disposed of with a request to the

learned Single Judge to decide the writ petition at an early date.

In the light of the aforesaid, the present writ appeal stands allowed and the order passed by the learned Single Judge is set aside. Office is directed to

list the matter before the learned Single Judge on 19.01.2022 along with all other connected matters. It is made clear that this Court has not observed

anything on merits and has only set aside the interim order passed by the learned Single Judge. The learned Single Judge shall be free to decide the

matter on merits. Learned Government Advocate shall make all possible endeavours to file a counter in the pending writ petitions.

Miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.â€​

In the light of the aforesaid judgment, the present writ appeal is also allowed and the judgment passed by this Court in W.A.No.673 of 2021 shall be

applicable mutatis mutandis in the present case also. Resultantly, the impugned order passed by the learned Single Judge is hereby set aside.

Office is directed to list the writ petition before the learned Single Judge on 19.01.2022.

The miscellaneous applications pending, if any, shall stand closed. There shall be no order as to costs.