1. Burgubai Sathyanarayana v. 1. The State of Telangana

Counsel for the Petitioner : SRI M.S.N.pRASAD Counsel for the Respondent No.'l : AGP FOR MCPL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent No.2 : AGP FOR REVENUE Counsel for the Respondent No.3 : SRI PUTTA KRISHNA REDDY The Court made the following ORDER 1r./. r/\RIllri! i .li i ")r 1n A HONI'BLE SRI JUSTTCE K. LAKSHMAN WRIT PETITION No.669 OF 2023 ORAL ORDE.R: Heard firi M.S.N.Prasad, learned counsel for the petitioners, learned Assistant Government Pleader for Municipal A<lministration ald Urban Development for respondent N.o.1, learned Assistant Government Pleader for Revenue eLppearing for respondent No.2 and Sri Putta Krishna Reclcly, learned Standing Counsel appear-ing for respondent No.3. Perused the record.

2. Petitionr:rs are claiming that they are the absolute owners and possessors of land admeasuring Acs.3.OS gts., 1n Sy.irlos.l99 and 2OOA, situated at Kompally Village, Dundigal-Gandimaisamma Mand.al, Mr:dchal- Malkajgiri District. In proof of the same, they have filed copies of latesit pattadar pass books and title deeds. They are in posserssion of the said property. 'Ihey used to ',1 cultivate the said land. Even then, respondent No.3 has issrred auction notice, dated 21.12.202|2 calling for 1 'tl .q5t I ( t W.P.No.669 of 2023 2 tenders for laying of RCC pipe lines from Aparna Farm Groves Septic Tank tt D nearby Ashoka Alaa-Maisan, Dulapalli Culvert in Kon lrpully Municipality. According to the petitioners, respondt fnt No.3 proposed to lay the said pipeline from their lands without following due procedure laid down under law. If [heir property is required for anY public purpose includin g laying of pipeline, respondent No.3 has to acquire the same by following due procedure laid down under law, th fen they have to lay the PiPeline. Without following the sr [id, respondent No.3 has issued auction notce. Cha-llengi fng the said action of respondent No.3, petitioners filed th I present writ petition.

3. Respondent No.3 Iiled counter and additional counter allidavit stating I that they have laid the pipeline in the existing 40 feet ro ad. Respondent No.3 has not laid the said pipeline from the land of the petitioners AS alleged by them in the ' fvrit amaavit. Therefore, are also .a a KL,J W.P.No.669 of 2023 3 not entitled f<rr any compensation. Thus, respondent No.3 sought to dismiss the present writ petition.

4. Sri M.S.N. Prasad, learned counsel for the petitioners r€:ferring to the proceedings including letters, dated 24.O8.2023, 13.O9.2023, and 22.C\1.2024 addressed t,y respondent No.3-Municipality to the Tahsildar, HIvIDA and the petitioners herein respectiveiy arrd letters, clated 28.08.2023 and 19.1O.2O23 ad,lressed by the Tahsildar and the HMDA to respondent No.3, would contend that respondent No.3 laid the pipeline from the land of the petitioners without following due procedure ledd down under law. Vide order, dated O9.O1.2O23, this Court directed the respondents not to take any steps in laying the pipeline in t-he petitioners agricultural patta lands till 11.O1.2023. According to the petitioners, r'espondent No.3 laid the pipeline in utter violation of the said order, dated O9.01.2023. Therefore, !" j ,.I-, W.P.No.669 of 2023 4 petitioners frled a Contempt Case vide C.C.No.lll7 of

2024. The sarne is pending.

5. In the light of the said submissions, it is relevant to note that, vide letter, dated 24.O8.2023, respondent No.3 requested the Tahsildar, Dundigal-Gandimaisamma Mandal, Medchal-Malkajgi.i District to submit ownership details, extent of land affecting the road area in Sy.Nos.199 and 20OA of Kompally Village belongs to the petitioners along with sketch map. Vide letter, dated

28.08.2023 the Tahsildar, Gandirnaisamma-Dundigal Mandal informed respondent No.3 stating that as per revemre records of Kompally Village i.e., pahani for the year 2OL4-I5, the land in Sy.No.199 (Acs. 10.05 gts.,) and Sy.No.22/A (Acs.2.16 gts.,) are classified as patta and recorded in ttle name of 1) B. Hanmanth Rao; 2) B. Satyanarayana; 3) B. Laxman Rao; 4) B. Venkatesh S/o. Narsimha; 5) B. Pentaiah and 6) B. Isthari S/o. Balaiah 1n both pattadar and possessor columns. Man.dal o a' KL,J \[ .P.No.669 of 2023 5 Surveyor has already issued location sketr:h and demarcated the said property. He has already enclosed location sketch of the Mandal Surveyor, along with the said letter. dated 28.O8.2023.

6. Thereaf'ler, vide letter, dated 73.09.2023, respondent No.3 informed the said facts to the Metropolitan Commissioner, Hyderabad Metropolitan Development Authority (HMDA) and requested to take necessary action to issue TDR for the land affected in 40 feet road are;1 in Sy.No. 199 to arr extent of 0-07 gts and in 2OO/A to an extent of O-18 gts, situated at Kompally Village as pel the revenue sketch issued by the Tahsildar, Dundigal-G:a:rdimaisamma Mandal.

7. In rep111 to the said letter, vide letter, dated

19.1O.2O23, IIMDA informed respondent No.3 to submit sc,pies of th': following documents for taking further ne(rt'SSaMt:tion: t- a W.P.No.669 of 2023 6 1) To submit the detailed 40 feet road RDP alignment. 2) To submit the owner details, title documents of land affected in 40 feet road. 3) The affected portion of land to be handed over to Municipality, Kompally and any other relevant details as required for RDP may be submitted.

8. Vide ietter, dated 22.01.2024, respondent No.3 informed the petitioners to hand over the land effected in 4O feet road area in Sy.No.199 to an extent of 2178 Sq.yds and in Sy.No.2OO/A, an extent of 847 Sq.yds, total land admeasuring 3O25 Sq.yds, situated at Kompally Village as per the revenue sketch issued by the Tahsildar, Dundigal-Gandimaisamma Mandal to the Commissioner, Kompally Municipality for taking further necessary action in the matter as early as possible. He has also referred the aforesaid letter, dated 19.10.2023 of the HMDA. Loca[on sketch was a-lso enclosed. /-, a KL,J W.P.No.669 of 2023 7 :. I

9. Contrary to the said facts, in the additional counter affidavit filed by respondent No.3, dated 25.11.2024, he has referrecl to the execution of registered gift settlement deed bearirLg document No.232 1 of 2076, dated 01,.04.2016 by the petitioners in favour V3 Infra Build India Private Limited, who in turn, executed a registered gift deed [6,aring document No.4745 o1' 20 16, dated

14.07.2016 in favour of Gram Panchayath, Kompally. The aforesaid tu'c gift settlement deeds are, dated 01.04.2016 and 14.O7.2Ct16. The latest pahani copies of the pattadar pass books u'ere issued in favour of the petitioners, dated

08.04.2018. wherein it is mentioned that petitioner No. 1 i.e., Sri B. Siathyanarayana is the absolute owner ald possessor cf land admeasuring Ac. 1. 1 1 gts Sy.No. l99le'/s and Ac.O.l2 gts., 1n Sy.No.200/ ee/ee/ee. Petitioner No.2

1.e. , Sir- B. Venkatesh, is the absolute ovrrrer and possessor of land admeasuring Ac.1.l-050 Egs., in r- W.P.No.669 of 2023 8 Sy.No.199/ €e/e, and Ac.O.l2 gts 1n Sy.No.2O0/s/sle, total admeasuring Ac.\.2250. Petitioner No.3 i.e., Sri B. Narsingh Rao, is the absolute o\!'ner and possessor of land admeasuring Ac.O.235 gts., in Sy.No.l99lAle and Ac.0.08 gts., in Sy.No.2OO/elAl€, total admeasuring Ac.0-3150 gts. Petitioner No.4 i.e., Sri B. Ram Mohan Rao, is the absolute owner and possessor of land admeasuring Ac.0.1775 gts., in Sy.No.l99/6a/6 and Ac.O.06 g["., in Sy.No.2OOl9l 6a/6, total admeasuring Ac.0.2375 gts., situated at Kompally village. Therefore, the aforesaid lands of the petitioners have mentioned in the latest pattadar pass books and title deeds after deleting the lands covered under the aforesaid gift settlement deed bearing document No.232 1 of 2016, dated Ol.O4.2O 16 executed by the petitioner in favour of V3 Infra Build India Private Limited. Thei'efore, KL,.I \Ir.P.No.669 of 2023 9 without verifying the land revenue records, respondent No.3 has filed additional colrnter atfidavit.

10. During the course of hearing, both the learned counsel fcrr the petitioners and learned Stalding Counsel for respondent No.3 brought to the notice of this Court that despite the order, dated lg.Ol.2O23, respondent No.3 has laid the pipeline.

11. Sri M S.N.Prasad, learned counsel for the petitioners. submits that the petitioners are r:ntitled for compenrsation and TDR rights. They have also submitted a letter, dated 21.O4.2O23 to respondent No.3 with a. request to pay the compensation and also issue TDR r:ights. The same was not considered.

12. It is also brought to the notice of this Court that HMDA is tite competent authority to issue TDR I II t' I I I W.P.No.669 of 2023 10 rights. HMDA is not a party to the present writ petition.

13. The aforesaid facts would reveal that respondent No.3 has already laid the pipeline from the land in Sy.Nos.199 and 2OOA of the Kompally Village.

14. In the light of the said discussion and also submissions made by learned counsel for the petitioners and learned Standing Counsel appearing for respondent No.3, this Writ Petition is disposed of directing the petitioners to submit a representation to the Commissioner, HMDA within one (1) week from the date of receipt of a copy of this order along with all the aforesaid proceedings with a specific request to issue TDR rights in their favour and also compensation in respect of the lald of the petitioners affected for the purpose of laying of the said pipeline. On*r6Eeipt of the same, the Commissioner, FIMDA, \ 7 KL,T \\'.P.No.669 of 2023 l1 shall consi,ler the sarne and take action strictly in accordance with law. The Commissioner, HMDA, shall consicler the aforesaid coffespondence ltetween respondent No.3-Municipatity and the Tahsildar Dundigal-G.andimaisamma Mandal. For any reason, if the Commissioner, HMDA is not inclined to accept the request made by the petitioners, he shall pass a reasoned order and communicate cop.y of the said order to the petitioners herein. However, he shall complete thr-" said exercise within a period of lour (4) weeks frorrt the date of receipt of representation from the petitioners. There shall be no order as to costs. As a secluel thereto, miscellaneous petitions. if any, pending in the Writ petition shall stand closed. To //TRUE COPY// SD/- A.V.S PRASAD ASSISTANT REGISTRAR TF; OFFICER The Principal riecretary, Ir,4unicipal Administration, Government of Telangana Secretariat, Slate of Telangana at Hyderabad. The District ilollector, Medchal - Malkajgiri Dist, Anthayapally village, Shameerpet lllandal Telangana The Commiss oner, Kompally Ir/unicipality, Kompally, [Vledchal - lilalkajgiri Dist. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad IOUT] Two CCs to CiP FOR N,4CPL ADMN URBAN DEV,High Court for the Slate of Telangana. IOUTI One CC to SRI N/.S.N.PRASAD, Advocate [OPUC] One CC to S;Fl PU Two CD Copies A KRISHNA REDDY, Advocate (OPUC) 2 J 4 5 6 7 8 t ,r-r-lr ., C.C. TODAY rHE STA rF 0 7 trln ?E?5 '( q J o o I .f{ \- l't: r 'f r,"'.ii) z C) -)) ,fl HIGH COUTIT DATED:0310312025 ORDER WP.No.669 of 2023 DISPOSING OF THE W.P WITHOUT COSTS. I l' t