Telangana High Court
Savanapalli Kanakaiah vs The State Of Telangana on 17 October, 2023
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.18113 of 2023
ORDER:(Per the Hon'ble the Chief Justice Alok Aradhe) Mr. Y.Ravindra Prasad, learned counsel for the petitioners.
Mr. T.Srikanth Reddy, learned Government Pleader for Revenue for respondent Nos.1 to 4.
Mr. Ponnam Ashok Goud, learned counsel for respondent No.6.
2. With consent of the learned counsel for the parties, the matter is heard finally.
3. In this writ petition, the petitioners have assailed the validity of the order dated 06.09.2021, by which Lokayukta has directed the Revenue Divisional Officer, Husnabad Division to initiate recovery proceedings from the persons to whom compensation on account of acquisition of the land was paid wrongly and deposit the same before Court ::2::
and pay the same to the appropriate persons. To that effect, on 29.10.2021, the Revenue Divisional Officer, Husnabad Division issued a notice to the petitioners, which is styled as "Notice-2" asking them to deposit the compensation amount received by them on account of acquisition of the land and deposit the same before the Court so that appropriate orders can be passed.
4. Learned counsel for respondent No.6 has fairly conceded that under the provisions of Telangana Lokayukta Act, 1983, the aforesaid order could not have been passed.
5. We have perused the provisions of the Telangana Lokayukta Act, 1983 (briefly referred to hereinafter as 'the Act'). Sections 7 and 9 of the Act do not empower the Lokayukta to pass such an order. The order dated 06.09.2021 passed by the Lokayukta is therefore without jurisdiction. The same is therefore quashed. However, liberty is reserved to the parties to take recourse to such remedy as may be available to them in law with regard to their grievance.
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6. Accordingly, Writ Petition is allowed. No costs.
As a sequel, miscellaneous petitions, pending if any, stand closed.
_______________________________ ALOK ARADHE, CJ _______________________________ N.V.SHRAVAN KUMAR, J Date: 17.10.2023 KL