SEETHA SULOCHANA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition is filed seeking a writ of mandamus declaring the Notice No.D4/1382/2019, dated 06.04.2020, issued by the Revenue Divisional Officer, Gajwel Division, Siddipet District, respondent No. 2 herein, as illegal and arbitrary, and consequently, to set aside the same by directing the respondents to forbear from acquiring any land of the petitioner in Damarakunta Village, Markuk Mandal, Siddipet District.

(2.) It is the case of the petitioner that she is the owner, possessor and pattadar of agricultural land, admeasuring Acs.4.29 guntas in Survey No.98, and Acs.7.38 guntas in Survey No.99, situated in Damarkunta Village, Markuk Mandal, Siddipet District, having purchased the same under a registered sale deed dated 12.03.2001 for a valuable consideration. Pattadar pass book and title deed were also issued in her favour. As on the date, the subject land has 1600 mango trees, 700 red sandal wood trees, 800 teak trees, 100 guava trees and various other vegetable crops. While so, the respondent No.2 has issued the impugned notice dated 06.04.2020 stating that the land belong to the petitioner to an extent of Ac.0.14 guntas in Survey No.98 and Ac.0.11 guntas in Survey No.99 has been notified to be acquired for construction of canal under Kondapochamma Reservoir of Kaleswaram Project at Thurkapally. By the said notice, the petitioner was directed to approach the Tahsildar, Markuk Mandal, respondent No. 3 herein, on 07.05.2020, and file her objections along with valid documents, and receive the compensation. Pursuant to the said notice, the petitioner has submitted her objections/letters to the Tahsildar, Markuk Mandal, the Revenue Divisional Officer, Gajwel Mandal, Siddipet District, and respondent Nos.4 and 5 on 07.05.2020, 20.05.2020 and 17.06.2020 respectively. But, there was no response from them. In the objections dated 20.05.2020 and 17.06.2020, the petitioner has categorically pointed out that a large extent of Government land is available on the western and northern sides of her land, and if the canal alignment is taken through the said Government land, a large saving in land acquisition compensation can be made apart from saving valuable land, mango, guava, teak garden, and that the re-alignment of canal in such circumstances would only be marginal, and no prejudice would be caused to anybody.

(3.) It is stated that in the Notification dated 19.07.2019, published in 'Andhra Prabha' Telugu Daily News Paper, it was notified that an extent of Ac.0.14 guntas in Survey No.98 and Ac.0.14 guntas in Survey No.99 belonging to the petitioner will be acquired. But, however, in the Notification dated 02.03.2020, published in 'Manam' Telugu Daily News Paper, it was mentioned that Ac.0.14 guntas in Survey No.98 and Ac.0.11 guntas in Survey No.99 would be acquired.