High Court · 2025

1. Potharapu Srikanth, S/o. Potharapu Bixapthi Aged 26 years' Occ Z. O kJvittr6, Wo.Late Sampath Rao Aged about 32 Years, Occ Unemployee g. fr4olne gixapathi, S/o.Late Ummaiah Aged about 62 Years, Occ . Agriculture, 4. Sili[ B;bumiya, Sfo.late Azam sabh Aged about 75 Years, Occ s. C6tasani N'ageswar Rao, S/o.Late Laxman Rao Aged about 58 Years, Occ ' o. fraioifonoJ Swaroopa, Wio.Late Sampath Aged about 48 Years, Occ Z. S6aif fnaner Pasha, S/o.Babumiya, Aged about 30 Years, Occ. Agriculture, g. UJutha Bixapitf,i, Slo.t-ate Mallaiah, Aged about 55 Years, Occ . Agriculture, 9. M;irt ihirupathi, S/o.Ramulu, Aged about 42 Yea$, Occ Agriculture' ro.ciaoimiii Rajaiah, S/o,Late Durgaiah, Aged about 72 Years, occ' rr.Cfie"noJu-'Koulitvi, W/o,Latg Rajaiah, Aged about 65 Years, Occ 12.iM"othJ-Riin;ih. slo,Rajaiah Aged about 42 years, occ Agriculture, r:.Cuiii fia;eswai nao, S/o.La!g Narsaiah, Aged about 68 Years, Occ 14.i#;;ili;'rvr-anemnij,wlo.Late Kumaraswami, Aged about 65 Years, occ ' 15.ijil6;-R;Jr;Slo.t-ate poshaiah, Aged about 26 Years, occ ' Agriculture' 16.V;ram;;ni Venkai Rao, S/o.Late Malhal Rao, Aged about 50 Years' Occ ' tZ.V[eiamaneni t-axmjn Rio, S/o.Late Malhal Rao, Aged about 60 Years, Occ. tA.ijBii,-arapJhajriinlSTo.t-rt" Rajaiah, Aged about 65 Years, Occ . Agriculture, rg.eerl Rija;allu,-s/o.Late poshetti, Aged about 65 Years, occ . Agriculture, 20. Manda Narsamma, W/o.Late Bhadraiah, Aged about 65 Years' Occ Agriculture, Declaration S.No.236. Aoriculture. Declaration S.No.239. Agriculture, Declaration S.No.57. Aoiiculture. Declaration S-.No.62. Agriculture, Declaration S.No. 1 91 . Aoriculture. Declaration S.No.29. Declaration S.No.149. Declaration S.No.188. Declaration S.No.1 16. Declaration S.No.17. Agriculture, Declaration S.No. 1 02. t.j;

21. Ratna Narsamma, W/o.Late Rajaiah, Aged about 55 Years, Or;c . Agriculture, Declaration S.No.200.

22.Manda Durgaiah, S/o.Late Kumuraiah, Aged about 60 Years, Occ 23.Bandari Rajendar, S/o.Late Muthaiah, Aged about 40 Years, Occ Agriculture, Declaration S.No.1 02. Agriculture, Declaration S.No. 1 0. (All are Rl/o Dubbhapally Village, H/o.Chelpur Village, Ghanpur Mandat, Jayashankar Bhupalpally District, Telangana State) AND ,..PETITIONERS Telangana Secreta"riat, nyderan'ad. Acquisition) Depart-meni Tel'angbna Secreiariat. HyderiOaO.

1. The State of Telangana, Rep. by its Principal Secretary Revenue (Land - -- '-- - 2. The State of Telangana, Rep. by its Principal Secretary Energy Department 3. The Commissioner, Rehabilitation and Resettlement Government of 4. The District Collector, Jayashanker Bhupalpally District Manjoor Nagar, 5. The Revenue Divisional ofiicer, Bhupalpally Revenue Divisionar Jayashankar 6. Telangan.a State Power Generation Corporation Ltd.,6-3-643, Vidyuth Telangana Budha Bhavan, Rani Gunj, Hyderabad. Bhupalpally, Telangana - 506 169. Bhupalpally District, T.S. Soudha, Khiratabad Hyderabad, Telang.ana - S00 082 Rep. by its ehairman and Managing Director.

7. The Chief Engineer, (O and M) Kakatiya Thermal power proiect (KTpp), Chelpur Village, Ghanpur Mandal Jayishankar Bhupalpally District, Telangana - 506 168. ...RESPONDENTS Petition under A.ticle 226 ot the constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, order or Direction, more parti,:;ularty one in the nature of writ of Mardamus, declaring the action of the Respondent Nos.2 to 7 in unilaterally concluding by issuing the lmpugned Endorsement by the Sth respondent in Rc. No.A/712 l2o1s, dt.-.0'l .2o2s for passing award uncier chapter-V with ll schedule of Act lJO of 20 13 and threatening to forward the RandR package benefits of the petitioners for approval without considering the objections of the petitioners d1.23.03.20it4 pursuant to the draft RandR package Notice in Rc.No.Gl204l2017, dt 14.03.2024 for the lands acquired proportionately out of total extent of land Ac:.34.14 gts situated at Dhubapally Village, H/o.chelpur Village, Ghanpur Mandar, Jayashankar Bhupalpally Ugrict as illegal, arbitrary, unconstitutional and contrary to the Apex court Judgment and Violation of the Provisions of Act 30 of ;2013 and consequentty direct the Respondent Nos.2 to 7 without reference to the lmpugned Endorsement of the Sth respondent dt._.O1 .2025, by keeping the proposed RandR package in abeyance and to consider the objections submitted by the petitioners d1.23.03.2O24 fot suitable RandR Package without reference to the non-existent schemes by foltowing the present schemes in vogue in the interest of justice. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Cou( may be pleased to direct the Respondent Nos.4 and 5 to keep the proposed RandR Draft Package in abeyance without considering the objections submitted by the petitioners dt.23.03.2}24 pursuant to the Draft RandR Package Notice issued by the 4th respondent in Rc.No.G/2o412017, d1.14.03.2024 for the lands acquired from the petitioners out of and extent of Ac.34.14 gts situated at Dubbhapally Village, H/o.Chelpur Village, Ghanapur Mandal, Jayashankar Bhupalpally District, pending disposal of the above writ petition. Counsel for the Petitioners: SRI M.JANARDHAN RAO Counsel for the Respondent Nos.1,3 TO 5: GP FOR LAND ACQUISITION Counsel forthe Respondent No.2: GP FOR ENERGY Counsel for the Respondent Nos.6 & 7: SRI R'PAVAN KUMAR' SC FOR TSGENCO The Court made the following: ORDER HON'BLE SRI JUSTICE T. VINOD KUMAR W.P.No.l60O of 202s ORDER: Heard le:trneci counsel lor petitioners, learned. Government Pleader for Land Acquisition appearing for respondent Nos. 1, 3 to 5, learned Government pleader for Energ. apperrring for respondent No.12, and perused the record. 2 The petitirtner, by the present Writ petition, assails r.he action 1n of the re spondents-authorities issuing Endorsement, dt.nil.O\.2025, rvhereby the petitione rs were informed lha,, an R&R Award would b<: passed as per Chapter_y rf w Schedule-ll of the Right to Fair Co;rrper-rsation and Transparency in Land Ac,:luisition, Rehabilitation and Resettlement Act, 20 13 (for short ,the Ar:t).

3. PetiLione:s conLend thaL on lhe respondents_arithori ties issuing the drafr R&R proceedings, they had submitted olrjections on 23.03.2024; rnd that without consid.ering the said otrjections, the authoritics €rre propose to pass an R&R Award as vrould be evident from the impugned endorsement issued by the 5r1, respondent, u,hir;h action it is contended as illegal and arbitrarv and contrary to provisions of the Act. 2

4.Percontra,learnedGovernmentPleadersappearingonbehalf of the respondents would submit that the present Writ Petition is premature, since, no award has been passed' whereby the petitioners can be said to be feel aggrieved'

5. I have taken note of the respective contentions urged'

6. A per-usal of the impugned proceeding shows that the Sth respondent had only informed the petitioners t'hat an R&R Award would be passed as per Chapter-V r/w Schedule-ll of the Act' and nothing further has been stated therein with regard to respondent authorities not considering the objections hled by the petitioner' as contended. Thus, the petitioners cannot be said to be aggrieved by the said endorsement issued, for approaching this Court Lry the present Writ Petition, without even waiting for the authorities to pass an R&R Award, for them to assail the action of the respondents-authorities in passing the said Award as being contrary to Schedule-ll of the Act'

7. For the aforesaid reasons' lhis Court is of the considered view that the present writ Petition as filed is premature and has to 8 ts qra Accordingly, the Writ Petition is dismissed' However' liberty nted to the petitioners to assail the R&R Award as and whert 3 passed by th,: respondents-authorities, if are aggrieved by the same. No orde r as to costs.

9. Consequentlv, miscellaneous petitions, if any, l.rending in these writ petitions shall stand closed. //TRUE COPYII SD/- A.V.S.PRASAD ASSISTANT REGISTRAR sEciloN drr,".* 9n" 99 to SRI M JANARD_HAI{ RAO, Advocate tOpUCl Two CCs to Gp FoR LAND ACQUtStitoN, n,bi'court for the state of Telangana, at Hyderabad. [OUT] Two CCs to cp FOR ENERGY, iligh Court for the State of Telangana, at Hyderabad. [OtjTl One CC to SRt R.PAVAN KUMAR, SC FOR TSGENCO [OpU()] Two CD Copies To 1 2 3 4 5 PSK. BSR $ HIGH COURT DATED:2210112025 ORDER WP.No.1600 of 2025 Sl,rit q J o I JAI' ?$25 I 2 aQ t , OESPA;C DISMISSING THE WRIT PETITION WITHOUT COSTS e9 @(,,f' { 1A \