High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in not including plot No. 64, admeasuring 200 Sq. Yards in Sy. No. 491 at Christianpally village, Mahabubnagar Town and District, in the LA proceedings initiated in respect of the land at Christianpally village for construclion of NH 167N from Mahabubangar to Chincholi of State of Karnataka, though admittedly the above plot of the petitioner is being effected in the construction of NH 167N and further though in respect of similar plots in Sy. No. 49'1 at Christianpally village, the 2nd respondent included the same in LA proceedings and paid the compensation, and further though the earlier LA proceedings of the State Government in the year 2018 initiated for construction of Bypass road to Mahabubnagar Town had been lapsed as no compensation was paid to the petitioner nor possession of the I t' I plot is being taken by the Government, as illegal, unlaMul, contrary to law and consequently direct the 2nd respondent to include the above plot of the petitioner in the LA proceedrngs acquired for construction of NH 167N and pay the compensation on par with other plots in Sy. No. 491 at Chirstianpally village which acquired for NH 167N. lA NO:'f OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to issue interim order directing the 2nd respondenl to consider the pending representation dated 06-01-2025 submitted by the petitioner claiming compensation in respect of the plot No.64, admeasuring 200 sq. Yards in Sy. No. 491 at Chirstianpally village of Mahabubnagar lv'landal and District on par with the payment of compensation in respect of the other plots in Sy. No. 4gl, pending disposal of main Writ Petition. Counsel for the Petitioner: SRI M.DAMODAR REDDY Counsel for the Respondent No.1: SRI K.RAJESH REDDY, SC FOR NHAI / SRI GADI PRAVEEN KUMAR, DEPUTY SOLICITOR GENERIAL OF INDIA Counsel for the Respondent No.2 & 3: AGP FOR LAND ACQUISITION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO WRIT PETITION No.1531 oF 2025 ORDER: This writ petition is fiied seeking the following reliet -Chincholi " To issue al order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2,d respondent in not including plot No.64, admeasuring 200 SO.-Yards in Sy.No.491 at Christianpally viltage, Mahabubnagar Town and District, in the iA proceedings initiated in respect of the land at Christianpally village f6r construction of NH l67N from Mahabubangar to State of Karn-ataka, though admittedly the above plot of the petitioner is being effected in the construction of NH 167N ald further though in respect of similar plots in Sy.No.491 at Chtirstianpally village, the 2"a respondent includei the sarne in LA proceedings and paid the compensation, and further though the earlier LA proceedings of the State Government in the year 2018 initiated for construction of Bypass road to Mahabubnagar Town had been lapsed as no'compensadon was paid to the petitioner nor possession of the ploi is being taken by the Government, as illegal, unlawful, contrary to law and consequently direct tJle 2na respondent to include the above plot of ttre petitioner in the LA proceedings acquired for construction of NH 167N and pay the compensatio, ,r, p- with other plots in Sy.No.491 at Chirstianpally village which acquired for NH 167N, ..."

2. Heard Sri M. Damodar Reddy, learned counsel for the petitioner, learned Assistant Government pleader appearing for respondent Nos.2 and 3 and learned Standing Counsel appearing for respondent No.1.

3. With the consent of both parties, the writ petition disposed of at the admission stage. 1S \ f 2

4. Learned counsel for the petitioner submitted that the petitioner is the owner and possessor of plot No'64' admeasuring 2Oo sq' yards in Sy'No'491 at Christianpally village of Manhabubnagar Mandal and District and the same was acquired through registered sale deed dated O7'12'2011' He further submitted that respondent No'1 acquired the land at Christianpally village including the plot of the petitioner for the purpose of construction of road on National Highway No'167N from Malrabubnagar to Chincholi of Karnataka State uide Gazettee Notilication dated O5'O7 '2022' However' the petitioner's property was not included in the said Notification and her property was being affected in the construction of National Highway No' 167N' The petitioner submitted a representation dated 06 'Ol '2025 to respondent No'2 requesting him to include the petitioner's property in the land acquisition proceedings. In spite of repeated representations submitted by the petitioner, the respondent authorities have not taken any steps to consider the claim of the petitioner without any reasons. He further submitted that in similar circumstances' some other Tperson approached this Court and filed l A 3 w'P'No.33302 of 2024 and the said writ petition was disposed of on 27 .l l .2024 with a direction to the respondents to consider the representation submitted by the petitioner therein and the petitioner is a_lso entitled the very same relief.

5. Learned Assistant Government pleader for respondent Nos.2 and 3 submitted that respondent Nos.2 and 3 wil consider the representation submitted by the petitioner and requested this Court to grant reasonable time. I /

6. Having considered the submissions made by the respective parties and taking into consideration the order passed by this Court in W.p.No.3330 2 of 2024 dated 27.1I.2024, respondent Nos.2 and 3 are directed to consider the representation submitted by the petitioner dated 06.01.2025 and pass appropriate orders in accordalce with law, within a period of four (4) weeks from the date of receipt of a copy of this order by giving opportunity to the petitioner. 7 With the above directions, the writ petition is disposed of. No order as to costs. I u + Miscellaneous petitions, if any, petition shall stand closed. ^To \ //TRUE COPYII SD/. V.HARI PRASAD ASSISTANT REGIS SECTI N OFFICER '1. The National Highway Authority, At New Delhi, Union of lndia. 2. The Additionar coilector cum Land Acquisition officer under National Highway Act, Mahabubnagar. a. IL:r,j.""""ue Divisional Officer, Mahabubnagar Division, I\Iahabubnagar

4. One CC to SRt M.DAMODAR REDDY, Advocate tOpUCl 5. One CC to SRt K.RAJESH REDDY, SC FOR NHA| IOPUC] 6. 9!e CC to SRt GAD, Kq[/AR, DEpUTy SOL,C,TOR GENERTAL oF rND'A, High court for the state o1i"irirsa;r-ai nvo"iioiii ropirEi-'''^' 7' Two ccs to GP FoR .LAN,- AceursrroN, High court for the State of . - '- 8. Two CD Copies Telangana at Hyderabad [OUT] 'RAVE]iN v -'i I riv BSR @) I -4 HIGH COURT DATED: 2810112025 ORDER WP.No.1531 of 2025 DISPOSING OF THE WRIT PETITION AT THE ADMISSION STAGE, WITHOUT COSTS V o'a iHE S14 jC iL, 11 riB 2m $( I c)),) * t)r -17 . * ,2 ;, I I I I