High Court · 2025

Petitlon under Article 226 of lhe Constitution of lndia praying that in the circumsiances 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 9f writ of Mandamus declaring the action of the Respondents more particularly Respondent No. 2 and 3 in not re-submitting the file /reference u/sec. ba ot nct, 30 of 2013 by complying the office objections raised by the 4'1 1 Respondent herein in LAOP SR No. 1541 of 2021 , dated- 09-1 1-2021' though the same was reiurned on 23-09-2023 pertaining to award No. Nil /2017 -18, file No. A11181712017]X- Patta, dated- 09-07-20'17 in respect of H No. 8-28, situated at cheerlavancha Village, Thangalapalli Mandal, Rajanna sircilla District as illegal, arQitrary, unfair, discriminatory and violation of Articles 14,21 and 300-A of the constitution of lndia and contrary to the Provisions of Act 30 of 2013 and consequenfly direct the Respodnent No.2 and 3 herein to re-submit the file /reference U7Sec. 64 of Act, 30 ot 2013 by complying the office objections raisgd by the 4th Respondent herein in LAOP SR No. '1541 ot 2021, daled- 09-11-2021 pertaining to award No. Nil /2017 -18, file No. 41/1 81 7 12017 -1X- Patta, dated- 09- 07-2017 in resPe ct of H.No. 8-28, situ ated at Cheerlavanchra Villa ge, ThangalaPalli Mandal, Rajanna Sircilla District and further direct the 4th ResPondent herein to register it and initiate further Proceedings ,/ IANO:1O F 2025 Petition under Section 151 CPC praying that in the oircumstances stated in in" #titiJ"' it'"-Higf' Court mav be plgased to direct the affidavit filed in support "t the Respondent No it and if,"r"ili" t"rthwith rJ-submit the file /referencq U/SeQ. 64 of Act, 30 of 2013 oV t"rnpfyrnS-in" 3199 obiectrons raised by the 4th Respondent herein irr LAob ;;i li; fsu ot 2021' dated- o9-'11-2021 pe13'.lns to award No. Nil /2017 -18,'fi[ No'-AliallDol.l-lx-.Patta' dated- 09-07-2017 in che"rt"u"ncha Viilage Thangalapalli Mandal, respect of H.No. g_28, situat; '-i n*ai[nna Sirciffs 91511rct pending disposal of the above Writ Petition Qqqnsel for the Petitioner: SRI B' ARJUN RAO REP'' FOR SRI' AMRUTH RAQ JOOKANTI Counsel for the Reppondents: GP FOR LAND ACQUISITION The Coqrt made the following: ORDER THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO WRIT PETITI ON No.3589 oF 2025 ORDER: Transparency in This writ petition has been filed questioning the action of respondent Nos.2 and 3 in not resubmitting the f-rle/reference under Section 64 of The Right to Fair Compensation and Land Acquisition, Rehabilitation and 2013 (for brevity,,Act 3O of 2013) by complying the ofhce objections raised by respondent No.f. in LAOP SR No.154 1 of 2021, dated 09. 1t.2O2t, though the same was returned on 23.09.2023. Resettlement Act,

2. Heard Sri B.Arjun Rao, learned counsel, representing Sri J.Amruth Rao, learned counsel lor the petitioner and the learned Government pleader for Land Acquisition appearing on behalf of respondent Nos. I to 4.

3. Learned counsel for the petitioner submitted that the petitioner is owner of the house bearing No.g_28 covered in an extent of 515 squa_re yards in Sy.No.355 situated at Cheeriavancha Village of Thangalapalli Mandal, Rajanna Sircilla District. The respondent authorities acquired the land in 16 2 villages including the village of the petitioner, lor the purpose of construction of Mid Manair Reservoir in the year 2OO7 and respondent Irlo.3 passed the Award on 09'O7 '2017 ' Not satisfying the amount awarded by the Land Acquisition Officer, the petitioner has submitted application beforr: respondent No'3 requesting hirn to refer the application under Section 64 of the Act 30 of 2Ol3 to the authority seeking enhancement of the compensation. Pursuant to the said application, resgandent No.3 forwarded the same to respondent N'1,4 and the said application wies returned by respondent No.4 on 23'Ctg '2023 by raising several objections. Respondent No.3 has not taken steps to comply with the objections artd no[ resubmttted the same without any reasons. Unless respondent No'3 resubmitted r-he application by complying with the objections raised by respondent No.4, the petitioner will be put to great irreparable loss and hardshiP.

4. Learned Government Pleader for Land ,\cquisition basing upon the rvrit-ten instructions issued by respondent No.3 dated

15.02.2025 submitted that respondent No.3 complied ail the objections raised by respondent No.4 and resr-rbmitted the same 3 by way of registered postal parcel bearing receipt No.EN85O859876IN, dated 1 t.O2.2025. He further submitted that basing upon the instructions furnished by respondent No.4 ofhce that due to non-availability of the presiding Officer, t respondent No.4 has not allotted LAOP number. As soon as the Presiding Officer assumed charge, respondent No.4 will allot LAOP number and will proceed with the sarne, as per the provisions of the Act 3O of 2013. ,r

5. Taking into consideration of the above said submissions made by the learned Government Pleader, this Court directed respondent Nos.2 and 3 to comply the objections if any and on such compliance of the objections, respondent No.4 is directed to allot the LAOP number pursuant to the application i.e. LAOp SR No.1541 of 2O2l dated 09.I1.2021, which was resubmitted by respondent No.3 on 11.O2.2025 and communicate the same to the petitioner within a period of four (4) weeks from the date of assuming the charge by the concerned presiding Officer.

6. With the above said direction, the writ petition is disposed of. No costs. 4 Miscellaneous petitions, if any, pend ing in this writ petition shall stand closed. There shall be order as to costs. SD/-P. PADMANABHA REDDY GISTRAR _t- AS S ,') OFFICER //TRUE COPY// To, 1 2 The Principal S;ecretary, Revenue (Land Acquisition) Department' Secretariat' Hyderabad The Special Deputy Collector Cum LAO, L'A, Unit -Vll' Sircilla' Rajanna Sircilla District. J The Land Acquisition Officer, and Revenue Divisional officer' Sircilla Division' Rajanna Sircilla District.

4.TheReglstrar,LandAcquisitionRehabilitation,and.ResettlementAuthority. ' ior tt'J"sirtL bi reransdni-, nt ccLa Permisei' Abids, Hyderabad 5. One CC to SF:|. AMRUTH RAO JOOKANTI Advocate [OPUC] 6. Two CCs to GP FOR LAND ACQUISITION ,High Court for the State qf Telangana [OUT] 7 KKS BS Two CD Copies Z /,' HIGH COURT DATED:2710212025 ORDER WP.No.3589 of 2025 CC TODAY k . r.) 6 STAIE 1 tr, $)ll\l$ fli5 o * i 1,rpgp6rC DISPOSING OF THE WRIT PETITION WITHOUT COSTS /-,,1 j,1r ,<,/< -