High Court · 2025
Case Details
Judgment
1. 2 3 4 5 o 7 The State of Telangana, Rep. by its Principal Secretary to Government, Revenue Department, Dr.B.R.Ambedkar Telangana Sfate Secretariat, Hyderabad - 500022. - The Diskict Collector, lntegrated District Offices Complex - peddapalli, Peddapalli District, Telang ana - 505172 The Special Deputy Collector, Land Acquisition Unit - SCCL, Godhavarikhani, Peddapalli District ,Telangana - 505209. The Revenue Divisional Officer, Manthani Division, Peddapalli District,Telangana -505 1 84 The Tahsildar, Tahsil Office/ MRO Office, Ramagiri Mandal, Centinary Colony, Peddapalli District -50521 2 The Singareni Collieries Company Limited, Rep. by its Chairman and Managing Director C/o. Corporate Office, Singareni Bhavan, Niloufer Road, Red Hills, Khairatabad, Hyderabad,Telangana - 500004 The General Manager, Ramagundam -3 Area, The Singareni Collieries Qgmpany Limited, P.O.. Centinary Colony, Peddapalti District,Telangana - 505212
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 appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus by declaring the inaction of the Respondent No.4 ...RESPONDENTS on consideration of the petitioner submitted representation dated.23-09-20'13 and 12-02-2024 with abnormal or great delay that violating the guidelines/provisions of Section 17 in Telan,lana State Land Acquisition (Consent Award, Voluntary Acquisition and Lump sum Payment towards Rehabilitation and Resettlement) Rules, 20,17 or RandR Lump-sum Package under RFCTLARR (Telangana Amendment) Act, 20.6 and section 30 in The Right to Fair compensation and Transparency in Lancl Acquisition, Rehabilitation and Resettlement Rules, 2013' against the Article 300-A of the constitution of lndia, against in the light of Judgment of the Divi,sion Bench of this Hon',ble court in writ Appeal No.677 of 2O22anduekala Panclu and others reported as 2oo2 (5) ALD 2matters of Land Acquisition is illegal, arbitrary and in violation of and consequently direct the Respondent Nos.4for considering petitioner for RandR Package Amount as eligible beneficiary being as affected family member aggrieved in not granted R and R package amourt like other citizens who belongs to same village as affected family member according to Notification by Government, The Andhra Pradesh Gazette Part-l Extraordinary Published by Authority with No.1B, Karimnagar, Daled. 25-07 -201 3 by correctlng or rectifying on updating names of petitioners of the list of eligible family members to be like as a beneficiary ofRandR Package holder according to provisions/ guidelines with regard to The Right to Fair Compensation and 'lransparency in Land Acquisition Act 2013 and Judicial Precedents made by, Hon'ble supreme court of lndia time to time otherwise petitioner will be put nto suffer with irreparabte financial loss by the respondents' arbitrary, illegal, u nconstitutional actions which are violation of law Articles of 14,21 and Article 300,4. 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 Court may be pleased to direct the Respondent No.4 to consider submitted representations made by the petitionerdated .23- A9-2O13 and 12-02-2024 Pertaining to Rand R package payments under Section '17 in Telangana State Land Acquisition (Consent Award, Voluntary Acquisition and Lump sum Payment towards Rehabilitation and Resettlement) Rules 2017 or RandR Lump-sum Package under RFCTLARR (Telangana Amendnrent) Act, 2016 and Section 30 of the Right to Fair .,...a Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2013,pending disposal of the above writ petition. Gounsel for the Petitioner: SRI PONAMPELLI RAVI Counsel for the Respondent Nos.1 to 5: GP FOR LAND ACQUISITION Counsel forthe Respondent Nos.6 and 7: SRI P. SRI HARSHA REDDY, sc FoR StNGARENt COLLTERIES COMpANy LtMtTED(SCCL) The Court made the following: ORDER '-Fq***48i447 '.."-.:' / --.aJ THE FtoN'BLESRI STI w rit Pet o No. Order, I RE NIV f20 25 6 RAO Heard \tr. Ponampelli Ravi, Iearned counsel fbr the petitioner, ,\1-t. Somu Srinivas lteddy, learned Assistant Governmcnt Pleader for Land Acquisition appeanng for respondents No.1 to 5 and Mr' P'Sri Harsha Reddy' Iearned Standi-ng Co,rnsel for Singarcni Collieries Company I-imited (SCCL) appcaring for respondents No'6 and 7' 2 With the consent of learned counsel for the parties' the writ petition is being disposed of at the stage of admission
3. The bnef facts of the case Me the;t the pctitioner's father uiT.,Budliarthi Ramaiah purchased a plot admeasuring 213 sqtare )'ards in Surwey No'257 of Ladnapur \rillage' Ramagiri l4anda| Peddapalli District (ersnvhile Mutharam Mandal, Iiarimnagar District) by virtue of regi's tered saie deed dated 13.06.1988 and aftct obtaining due permission \ \ I , 'I 2 from the Gram panch ayat concefited, constructed a house theteon, which was allofted House No.4_117 and since then, they were residing in the said house. rffhile so, respondents No.1 to 5- authorities acquired the said properry along with certatn other propertles for the purpose of extension , of Open Cast project_Il of Singareni Collieries Company Limited and passed an award, on 26.09.2015. 4' The grievance of the petitioner is that he was not extended the benefits of Rehabilitation and Resettlement (R&R) package. The pedt.ioner submitred represenralions before respondent No.4 on 23.09.2013 and L2.02.2024 seeking to exrend the benefits of R&R package. But, tespondent No.4 has not considered those reptesentations and the same are pending.
5. Learned counsel for the petltloner submitted that this Courf in a similar writ perition being rJr.p.N o.26940 of 2024, ., directed the Revenue Divisional O fficer to examine the rcpresentati<>n submitted by the peLitioner thcreifl along s"ith the documerrts annexed thereto and in the event the petitioner thcrein is found to be eligible for the benr:fits of R&R packagc, he shall take appropriate action for payment of compensarion in accordance with the provisions of Right to Fair C,rmpensation and Transparcncy in Land Acquisition. Rehabilitation and Resettlement Act, 2013 (for brevity 'Act 3,0 of 201.3) and the petitioner herein be granted the verv samc relief
6. Learned Assistant Government Pleader appearing for respondents No.1 to 5 and learned Standing (lounsel appearing lor respondents No.6 and 7 ioindy submit that respondent |'1o.4 wrll consider thc representations submitted by the petltloner and will pass appropriate order in accordance vzith 1aw within a reasonable time as may be fi-xed { ( bv this Court 4 7 In view of the above, respondent No.4 is directed to consider the representations submitted by the peritioner along with the documents, if any, annexed thereto in support of his claim and pass appropriate orders thereon in accordance with law, after giving afl opportunity of personal hearing to the petitioner, within a period of eight weeks from the date of reccipt of a copy of this order. If the petitioner is found eligiblc for the benefits of R&R package, respondent No.4 shall pay the salne as per the provisions of Act 30 of
9. Subject to rhe above directions, the \7rit petirion is disposed of. No costs As a sequel, miscellaneous pctitions, pending if any, stand closed. //TRUE COPY// SD/. MOHD. ISMAIL ASSISTANT GIS To, \
1. The Principal Secretarv to Government, Revenue Department, Bi.t;[f;l1"Sjru r e.tinsana si,i;' $;;i;;;i,Tn! st,t" or reransana, SEC ION OFFICER ' 48ff:1,",t ",.1ii8?jT;,'J,l;3l,il"-'rBl".l?i t orrices comprex - peddapa,i, I:8.t#"',,%B?I"TIr:lJi"r'ii'; lfffrt8l,,'ition Unit - sccl, Godhavarikhani,
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4. The Revenue Divisional Officer, Manthani Division, Peddapalli District, Telangana -505184
5. The Tahsildar, Tahsil Office/ MRO Office, Ramagiri Mandal, Centinary Colony, Peddapalli District -505212
6. The Chairman and Managing Director C/o. Corporate Office, The Singareni Collieries Company Limited, Singareni Bhavan, Niloufer Road, Red Hills, Khairatabad, Hyderabad,Telangana - 500004
7. The General Manager, Ramagundam -3 Area, The Singareni Collieries Company Limitel, P.O.. Centinary Colony, Peddapalli District, Telangana - 505212
8. One CC to Sri Ponampelli Ravi, Advocate [OPUC] 9. Two CCs to GP for Revenue, High Court for the State of Telangana, at Hyderabad [OUT]
10.One CC to Sri P Sri Harsha Reddy, SC for Singareni Collieries Company Limited(SCCL) 1 1 . Two CD Copies TJ BSR e f I I / HIGH COURT CC TODAY DATED:2910112025 : ORDER :-::== a sj-r'\ re 0A a, q 31 li"r ?ll?'i v ,il WP.No.2376 of 2025 .Y.-.. DISPOSING OF THE WRIT PETITION WITHOUT COSTS 9 qA \OL