IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.34587 of 2014 Between:
Ravula Phani Charan, S/o. Late R. Krishna Rao, Aged about 27 years, Occ: Business, R/o. H.No.8-62, Kodurpaka Village, Boinpally Mandal, Karimnagar, Telangana & 2 others .. Petitioners AND The State of Telangana, Rep. by its Principal Secretary, Irrigation and C.A.D. Department, Secretariat, Hyderabad & 5 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.34587 of 2014 ORDER:
When the matter is taken up for consideration, the learned counsel for the petitioners, learned Government Pleader for Irrigation and CAD for the 1st respondent, learned Government Pleader for Revenue for Respondents 2 to 4 and 6 and the learned Government Pleader for Land Acquisition for the 5th respondent have stated that the subject matter of the writ petition is covered by decision of this Court in W.P.No.34439 of 2012, dated 31.01.2013.
2. The petitioners in this writ petition are seeking the benefit of Rehabilitation and Resettlement Policy notified by the Government in G.O.Ms.No.68, Irrigation & CAD (Project Wing-LA- IV-R&R) Department, dated 08.04.2005. In the above judgment, this Court held that having identified the petitioners in the socio- economic survey for extending the benefits under G.O.Ms.No.68, Irrigation & CAD (Project Wing-LA-IV-R&R) Department, dated 08.04.2005, the respondents cannot ignore the said survey. This Court further held that so long as the Gazette notification remained in existence, it is not permissible for the respondents to deny the petitioners the benefits flowing under G.O.Ms.No.68, Irrigation & CAD (Project Wing-LA-IV-R&R) Department, dated 08.04.2005, and accordingly, the writ petition was allowed in terms of the prayer made.
3. In this case also, the petitioners were identified in the socio-economic survey and it is contended that the petitioners are similarly situated.
4. In view of the judgment of this Court in W.P.No.34439 of 2012, dated 31.01.2013, this Writ Petition is also allowed in terms of the prayer sought for. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
P.NAVEEN RAO, J Date: 17th November, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.34587 of 2014 Date: 17th November, 2014 KL