One CC to Sri M v. Hanumantha Rao

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 a writ order or direction more particularly, one in the nature of Writ of Mandamus, declaring the action of the respondents nos.3 to 6 in performing bhoomi pooja on 1Bt1t2O25 for the purpose of construction of primary health centre in the part of the land of the petitioner in sy.no.65 situated at Seerole (VandM) Mahabubabad District, without issuing any notice under Land Acquisition Act or without making any payment of compensation and without following due procedure as per law, by demolishing the catacombs as illegal, arbitrary and violative of principles of natural justice and consequently direct the 7 respondents not to construct primary hearth centre in .the rand of the petitioner without following due process of law lA NO: 1 oF 2025 Petition under Section 151 cpc praying that in the circumstances stated in the affidavit firecJ in support of the petition, the High court may be preased to grant stay of construction of primary hearth center in the land of the petitioner in Sy'no'65 situated at Seerore (VandM) Mahabubabad District, pending disposar of the above writ petition in the interest of justice. Counsel for the petitioner: SRI M .V. HANUMANTHA RAO Counsel for the Respondent No.1,3,5 and 6: MS. T. SWETCHA, AGP FOR REVENUE Gounsel for the Respondent Nos.2 and 4: sRt R. NAGARJUNA REDDY, AGP FOR HEALTH MEDICAL AND FAMILV WEITANC OEPNNiIt'iErVr The Court made the following: ORDER Y HON'BLE SRI JUSTICE J. SREEN TVAS RAO WRIT PETITION No.3 1O5 of 2O25 ORDER: This writ petition is {iled seeking the following relief: "...to rssue a writ' order or direction more particularly oneinthenatureofWritofMandamusdeclaringtheactionof the respondents Nos 3 to 6 in performing bhoomi pooja on 18lll2O25 for the purpose of construction of primary health centre in the part of the land of the petitioner in Sy No' 65 situated at Seerole (V and M), Mahabubabad District witltout issuing any notice under Lard Acquisition Act or wrthout making arry payment of compensation and without following due procedure as per law, by demolishing the catacombs as illegal, arbrtrary ald violative of principles of natural justice and consequently direct the respondents not to construct primary hea-ith centre in the la;rd of the petitioner without following due process of law and pass '"

2. Heard Sri M.V.Hanumantha Rao' learned counsel for the petitioner, Ms.T.Swetcha, Assistant Government Pleader for Revenue appea-ring on behalf of respondent Nos' 1 ' 3 ' 5 and 6 and Sri R.Nagarjuna Reddy, Assistant Government Pleader forHealth, Medical and Family Welfare Department appea-ring on behalf of respondent Nos'2 and 4' With the consent of the respective parties, the writ petition is disposed of at the stage of admission. 2

3. Learned counsel for the petitioner submitted that the petitioner is the owner of the land to an extent c.tf Ac.2_22 guntas in S1,.Nos.65/A/t/1, 65/A/2, 65/A/3 an<l 66/Al2 situated at Seerole Village and Mandal, Mahabubabarl District. He further s,brnitted that the parents ald son of the petitioner died in the 5,621 2OOI,2006 and 2O1B and the petitioner constructed three catacombs in the subject land in their memory and th,: petitioner,s name was mutated in the revenue records and pattadar pass book was issued in his favor_rr.

4. He further submitted that respondent No.4 authority is proposing to construct the primary Health Center in Sy.No.14. However, the.y are trying to make the constructiorr in the petitioner's lald to an extent of Ac.0_23 guntas in Sy.No.65, without any notice and without acquiring the land and the same is gross violation of the principles of natural justice and a-lso contrarr' to the provisions of the Right to Fair Compensatior: and Transparency in Land Acquisition, Rehabilitation ald Resettlement Act, 2O 13. 5 He furth er submitted that the petitioner has sr_rbmitted representation in 'prajavant' on 04.O3.2024 Basing upon the Y 3 same, the Assistant Director of Survey and Land Records conducted survey and issued proceedings on 12.or.2025, stating that after conducting survey, it is revealed that in Sy.No. 14 lllpart only an extent of Ac.0-17 guntas of the Government land is available. Whereas, respondent Nos.2, 5 and 6 authorities have allotted Ac.O-23 guntas in favour of respondent No.4.

6. Per contra, the learned Assistant Government Pleader for Revenue basing upon the instructions furnished by the respondent No.6 submitted that in the year 2OQ,3, respondent No.6 handed over the physical possession of the land to an extent of Ac. 1-03 guntas 1n Sy.No.14/ 1 to the Medical Department/respondent No.4 for construction of Primary Health Center in Seerole Vitlage, after following the due procedure. The petitioner raised several disputed questions of fact in the writ petition, which cannot be decided in the present writ petition

7. Learned counsel for the petitioner by way of reply submitted that the petitioner has already approached respondent Nos.3, 5 and 6 authorities and requested them to 4 conduct survelr' and demarcate the land of the pel.itioner in Sy.No.65 as u'ell as the land belonging to the Government covered by Sy.l'1o.14

8. The abor'e said submission was not dispute,d by the learned Assistant Government Pleader for Revenue

9. Learned r\ssistant Government Pleader for Medical and Health Department submitted that as on todal , though respondent No.4 is in possession of the subject prol-:erty, has not commencec. the construction work.

10. This Court considered the rival submissions ma.de by the respective partres. The petitioner has raised several disputed questions of fact including the identification of the lald and the s€une carnot be adjudicated in this writ petition. However, to render substantial justice to the parties, respondent No.6 is directed to conrluct survey and fix the boundaries for the land claimed by the petitioner in Sy.No.65 as .r.'"'ell as the land handed over by the Revenue Department to respondent No.4 to art extent of ,{.c. 1-03 guntas in Sy.No.14, after giving notice ald opportunity to the petitioner, within a period of two wr:eks from the date of receipt of a copy of this order. Ti11 such time, the Y 5 respondents are directed not to take any coercive steps in respect of the property claimed by the petitioner in Sy'No'65' ll.Withtheabovedirections,thewritpetitionisdisposedof. No order as to costs. Pending miscellaneous applications' if any' shall stand closed. SD/-S. MALLIKARJUNA RAO REGISTRAR ASSIS //TRUE COPY// SECTION OFFICER To, \

1. The Principal Secretary, Revenue Department, Secretariat, The State of Telangana, Hyderabad.

2. The Piincipal Secretary, Medical, Health and Family Welfare Department' secretariat, The State of Telangana, Hyderabad.

3. The District Collector, Mahabubabad District. 4. The District Medical and Health Officer, Mahabubabad District. 5. The Revenue Divisional Officer, Mahabubabad, Mahabubabad District. 6. The Tahasildar, Seerole (M) Mahabubabad District. 7. One CC to Sri M. V. Hanumantha Rao, Advocate [OPUC] 8. Two CCs to GP for Revenue, High Court for the State of Telangana, at Hyderabad [OUT]

9. Trfuo CC to ihe GP for Health Medical Family Welfare Deparment, High Court for the State of Telangana, at Hyderabad[OUT]

10.Two CD Copies +. TJ BS HIGH COURT CC TODAY DATED:1 110212025 ORDER WP.No.3105 of 2025 kiE- S iAi { ,.1 O ,) 13 Frts |: Il!l3 .l-. DISPOSING OF THE WRIT PETITION WITHOUT COSTS 0 ill(- \uL