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, Direction, Writ more in the nature of Writ of Mandamus declaring the action of respondents '1 , 3 to 5 in establishing 6 MS solar power plant in Sy.No- 295 measuring 20 guntas Sy No 296 measuring 'l acre 5 guntas Sy.No. 297 measuring 16 acres 14 guntas Sy'No 298 measuring I I I I .t !:! H !'! ,:l il. * .q r* I F F i I 5' I 10 acres 33 gurrtar total i Vi,age or c*s,.,,; rL1;'[:.i,T:',T :i :iffi l,.-ii,li,:, iJil:fiffil submitted by th': r ' titioner on 06-07-2015, in not obtaining No objection and acquiring the prrr,e -ry under the provisions *"n, to Fair (lo npensation and Transparency n L;r r : Acquisition, Rehabilitat,on ,]la Resett eme:nt Act, 2013 as bad' arbitrary r'er' opposed to principres of naturat justice, vioration of Arts. 14, 21 , 300-A Oonsir I _rtion of lndia and to set ,.iOu ii. ,rn.,ru t.A. NO: 1 0F 201 "i !'1]1 PMP. NO: 38352 0F 20 15) Petition unce :iection '15-1 cPC praying that in the ci-cLrn.stances stated in the affidavit rilt:ri - s.lpp6pt of the petition, if," Hig l-, Court nra1, be pleased to grant injunction crr( r:' restraining ,.u.poro"nt. t to a trom interfering with the petitioner's possess rr and enjofm"nl of prop"rty "orpr.ing ir Sy.Nos. 2g5; 296: 292. 298 me r r; . rng 28 acres 32 nr"i". "r,irl, Gangadhara Tahsil I ,r,irnrnu, District, pending ,,rr"":i,:?,i:"f l_.[rYlH:" "t t.A. NO :2OF2 0'l w ]MP. N : 38353 oF 2015) o Petition under : r-'ction 15J cPC praying that in the circums:f2n6ss s1r1"6 in the affidavit filerl 1,. 'r'ooo't of the petition, it'u nigh court rniry be preased to direct the responde n . j to B not to establisf, O frrfW Soiar lrow,,rr Generation Plant in sy.Nc, :2r)t sy.No 296; sv ru".-igz and Sy No.,29i:r situated at ransir G;;s;l;;;, ii'x",i,n,s,,,i,,,i.i, J"iling Iil:gi:illi"Yffii; t,r r.A. NO: 3 oF 20 't 5tvl/t,M P. NO: 406s8 0F 2015t cPC pravins that in the crrctrn,stances stated ,.,n":;,:'r",1;i:Ti,t;l:t'"" "1 grant eave to a re,, , i:i+:lH,#]o"l ,11""i,,fl :;[:,I,;11;Xf,?,Tl,: name of ,, Kalvakot;r trj singa Rao, Siol uit"r.thu-*orO ,sons of ,, work " Kalvakota Kris I r a Deshpandya I ar d before the ,ah COUNSET fOrthE PEtitiO I:Ir: SRI VENKAT REDDY OONTHI REDDY S,.COUNSEL Counsel for the Respor rJent No.f : Gp FOR ENERGY Counset for the Resp:r cJent No.2, e to e: aCp iOi *grr"ra Counsel for the Resp,:r dent No.3 & 4: SRI O.leCef, MOHAN REDD),, counser ror the Resp'r Counset for the Respon ient No.9 & 10: AGp fOI InOHfefTtoN E E.KCISE The Court made the loil, wing: ORDER ':::p:'jlr::;,:iliS^til,"#, ," FoR rsNpDcL d l+ rl. * It '*- HON'BLE MRS JUSTICE SUREPALLT NANDA ,, WRIT PETITION No.2959O OF 2OL5 -- ORDER: Heard Sri Venkat Reddy Donthi Reddy, learned Senior Designated Counsel, appearing on behalf of the petitioner, learned Assistant Government Pleader for Energy, appearing on behalf of respondent No.1, learned Assistant Government Pleader for Revenue, appearing on behalf of respondent No.2, Sri D. Jagan Mohan Reddy, learned Standing Counsel for TS Genco, appearing on behalf of respondent Nos.3 and 4 and learned Assistant Government Pleader for Excise, appearing on behalf of respondent No.1O.

2. The petitioner approached the Court seeking prayer as under: " ...to issue an order, direction Writ more in the nature of Writ of Mandamus declaring the action of respondents 1, 3 to 5 in establishing 6 MS solar power plant in Sy. No. 295 measuring 20 guntas Sy. No.296 measuring l acre 5 guntas Sy. No.297 measuring 16 acres 74 guntas Sy. No. 298 measuring 10 acres 33 guntas total measuring 28 r 2 \\P 29590 2015 a( re G;l-rr ig r:r p€:tit Oll r: orc\/ l-r a rr R €,s e Ariic: sel a .12 guntas situated in Narsimlapalli Villr'ge of ir Jhara Tahsil, Karimnagar t)istrict rg the representation submitted b1. the : ner on 06-07-2015 in not obta;nin(r "No : on" and acquiring the property rrr dr,r the i fns of Right to Fair Compensatror and r)arency in Land Acquisition Rehabilita tio.r and tlement Act,2013 as bad, arbitrary, illegal ;:d to principles of natural justice, vto at on of ),., 14, 27, 300-4 Constitution of IndiE and to le the same...".

3. The .arned Senior Designated Counsel appearing on behalf ol t'.,) petitioner placing reliance on the Mermo filed vide l.JSt{ ^. 20133 of 2025, dated 24.02.2025 in '/V.p. No. 29590 o = :2 ) I 5 submits that in view of the fact as )orne on record th;rt t \e subject land had been gifted to tho tjivisional Engineer, t:lectricity Department (Operaticn) Rural, Karimnar;i:r 'r the month of January, 2079 for con:;trtction of 33 K\/ SLb :;tation and the Sub-Station had alr_.a,Jy been construcl€ d ry the Department, hence the writ pet.itirtn could be dispor;r:c .)f in terms of the said Memo dated ,'.4.C2.2025 filed on be ,rlf of the petitioner duly bringing tho s;ame on \ J wP 29590 2015 record. The said Memo dated 24'02'2025 filed on behalf or the petitioner is extracted hereunder: "The petitioner, in memory of his parents late Sri' Kalvakota Ranga Rao and Smt' K Subhadra Ba has made gift of land measuring 38 guntas from and out of his share in Sy'No'298 of Narasimhulapalli Village of Gangadhara Revenue Mandal with possession and without consideration to the Divisional Engineer Electricity Department (Operation) Rural, Karimnagar in the month of January, 2019 for construction of 33 KV Sub Station. Accordingly, the Sub Station was constructed by the Department' The Sub Station was inaugurated by then CMD GENCO Sri D Prabhakar Rao on 04-08-2019' Sri' Etela Rajendar' then Minister was the chief guest' The concerned MLA, Sarpanch of Narasimhulapalli Village and other dignitaries including Revenue officials were present. Since then, the Sub Station is functioning providing Electricity to six neighbouring Villages including Narasimhulapalli Village' The petitioner prays this Hon'ble court to dispose of writ petition in terms of this Memo"'

4. Taking into consideration the submissions made by the learned Senior Designated Counsel appearing on ir' -- 4 NP 29590 2ot5 behalf ,rl the petitioner and duly consiclering the contentrs rf the Memo dated 24.02.2O25 filed vide USR No. 20:[ :] of 2O25 and duly bringing the said Memo dated 24 02,2(J25 on record, the writ petition is closed. However there shall be no order as to costs. As; r sequel, the miscellaneous any, oerrrli r_ in the Writ petition shall also stand clor,ed. t et tions, if //TRUE COPY// \ SD,'.L LAKSHMI BABU P.E:Prr_rY B=*rRA"Ll/ 'r SI:CTION OFFICER rll VENKAT REDDY DONTHT REDDy,'Adrccate [OpUC] I.II D,JAGAN MOHAN REDDY, SC FOR TI](]ENCO TOPUC] III ZAKIRALI DANISH, SC FORTSNPDC_-O.)UC] :iP. FOR ENERGY, High Court for the Slatr,r of Telangana at .iJT] :iP FOR PROHIBITION & EXCISE, High C;orrt for the State of tlyderabad IOUT] :iP_ FQR REVENUE, High Court for the Slat(') of Telangana at r.lTl To, 1 2 3 4 5 6 One O,l ic I One 0(l c { One OC c I Two (lCs; lc Hyderaba<l I Two CCs :,: Telangana: Two OCs l,: Hyderaburc lt BSR BS &, HIGH COLJ R T' DATED: 24[t212025 ORDER WP.No.2959t) of 2015 .lr. e7' .r' !, L) 2 0 iri\\ 2[?5 2 o a- t^tl CLOSING 'I'FIE WRIT PETITION, WITHOUT CII)STS 0 D , (, ,,.. \ , I I I i t I I i I t I I I I .t I I .t I I I {