The High Court · 2025

Petition under Article 226 of the Constitution of lndiat qraying that in the circumstances stated in the affidavit fited therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in laying down a road on the vacant land of the petitioner in an extent of 200 Sq.yds., bounded by East - Naala, West- My own land, North - Land of Vinod Pasis and South - Land of Nijamudhin Pasi of Botton Pit Basti, Yellandu, Khammam District. without invoking land acquisition proceedings or issuing notice and not paying the compensation as highly arbitrary, illegal, contrary to rules and violation of Articles 2'l of the Constitution of lndian and consequently direct the respondents to pay compensation for the vacant land of the petitioner in an extent of 200 Sq.yds.' surrounded and nearby House No.3-3-3, bounded by East - Naala, West- [v1y own land, North - Land of vinod Pasis and south - Land of Nijamudhin pasi of Botton Pit Basti, Yellandu, Khammam District. l.A. NO: 1 OF 2017(WPMP. NO: 15824 OF 20171 Petition under Section 15'1 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High col rt may, be pleased to restrain. the respondents from interfering with the possession and enjoyment of vacant land of the petitioner in an extent of 200 sq.yds., srrrounrled and nearby House No.3-3-3, bounded by East: Naala, West: IVy own land, North : Land of Vinod Pasis and south : Land of Nijamudhin pasi of Bottun pit Basti, yellandu, Khammam District. Counsel for the Petitioner: SRI M.KESAVA RAO Counsel for the Respondent Nos.1 TO 5: AGp FOR LAND ACQUISITION Counsel for the Respondent Nos.6 & 7: SRI p.SRl HARSH/\ REDDY, SC FOR SCCL The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.1273a of 2OL7 ORDER Aggrieved by the action of the respondents in laying down a road on the vacant iarld of the petitioner in an extent of 2OO square yards surrounded and nearby house bearing H.No'3-3-3, bounded by East: Naala, West: the petitioner's land, North: Land of Vinod Pasis and South: Land of Nijamudhin Pasi of Botton Pit Basti, Yellandu, Khammam District without invoking land acquisition proceedings or issuing notice and not paying the compensation, the present Writ Petition is filed. Consequential prayer is made to direct to respondents to pay compensation for the aforesaid vacant land of the petitioner.

2. The facts of the case in brief are that the petitilner claims to be in possession of land to an extent of 2OO square yards, which was given to him by his father- Earlier, the property was inherited by the petitioner's father from his lather. The said lald was given to the petitioner by his father by way of registered document No.55/2005, dated 21.03.20O5 and since then, the petitioner claims to be in possession and enjoyment of the subject property. 2 \

3. It is submitted that the respondents for the purpose of transport, loaciing ald unloading purpose of Crpen Cast mine of Singareni Colleries laid down a road through the petitioner's land, whic:h rvas abutting to Government land without invoking lald acquisition proceedings and also without issuing notice and that the respondents had already leveled thr: road. In other words, the respondents have forcibly taken ar,vay the property. Questioning the same, this Writ Petition is fi1ed

4. This Court on 11.04.2017 in W.P.MP.No.15824 of 2Ol7 passed the: following order: "TLrcre shall be inteim direction as [)raAed for. Hotueuer, this order shall not preclud<z the respondents from proceedinqs in accordance utth lau-.t. "

5. Counter has been frled by responderr.t 'l.,Jos.6 and. T submitted in para No.lO that the petitioner has already been paid the compensation to the house bearing Nc,.3-3-3 and I compensat.ion and monetary benefits have been received by the petitioner under rehabilitation and resettlemenl- and also on the structure valuation for an amount of Rs.3,24,49O/ to hts bank account and an amount of Rs.1,59,500/. was paid as rehabilitatr.on & resettiement package and allc,tted a developed house plot in Survey No.609. I

6. Heard Sri M.Kesava Rao, learned counsel appearing for the petitioner arrd the learned Assistant Government Pleader for Land Acquisition appearing for respondent Nos. 1 to 5 and Sri P.Sri Harsha Reddy, learned Standing Counsel for Singareni Colleries appearing for respondent Nos.6 ar,d 7 . 7 . Learned counsel for the petitioner submits that though the amount has been received, still some Iand has been acquired, for which the compensation has not been paid

8. In that view of the petitioner, if the petitioner approach the respondents with the title deeds and relevant documents and if the same were found in order and if the petitioner is still eligible, the respondents are left open to decide any further payments to be made on the acquired land and structures under the provisions of The Right to Fair Compensation & TranSparency in I Land Acquisition, Rehabilitation anci Resettlement Act, 2013 and pass appropriate orders within a period ol eight (08) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion either on the possession, title and the quantum of compensation paid to the petitioner. It is totally left open to the respondents to decide afresh on the documents if at all not been filed or considered earlier. 4 9 With these observations, the Writ Petition irr' disposed of' No order as to costs. As a sequel, miscellaneous applications pe nding in this petition, if any, shall stand closed' SD/. K. BHAVANI SWAMY STANT REGISTRAR *{ /ITRUE COPY// sLcloru oFFlcER U ', The Principal Secretary' Revenue Department' Secretariilt Buildings' , +il3"{fin:i3:1''"""?i'lBf,:3il01 4"1rye,'1oer"',1'i*:'i5'l?,1'"Yt?tp"n c,.t 5.Ef":i-J,"dl,l$l[{ff?#:,.ffi i : +i: kl'JLiT' J'fi [?H brr#;]t;r:a, no n"q, i !ilil-n-cji rLu i, io t'' g' o " 3 ili HflF#etiqHffifrt f'ffi Htq#]::H ;::; " iJririgail' at HYderabad [oUT] 10.Two CD CoPies :3:*-,,::','*;;".o",,", m " PSK. PVL ?A- HIGH COURT DATED:2810712025 ORDER WP.No.12738 ot 2017 I I 16 SEP 202:i ,. ':, \ <' .r * .,/ 5',r,,,q i11-r(--l]- DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ fA \ 1 L(-