Mvaka Chandraiah v. 1. The State of Telangana

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 pleasedtoissueanappropriatewrit,orderordirectionpreferablyoneinthe natureofWritofMandamus,declaringthein-actionoftherespondentsin referring the application of the petitioner made u/s 64 of Act 30/20't 3' to the authority, as illegal, arbitrary and violative of articles 14, 16' 21 r/w article 300-A of constitution of lndia and provisions of Act 30/2013 and consequently direct the respondentstoreferthemattertotheauthorityu/S64oftheLandAcquisition Act, Act 3012013. l.A.NO:1 oF 2025 Petition Under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the 4th respondent to refer the apprication of the pretitioner dated 16 04'2016 u/s 64 of Act 30/2013, to the authority, pending disp.sar of the main writ petition.. Counsel for the petitioner : SRI CH.SHIVA KUMAR RAJU Counsel forthe Respondent No.1 : AGp FOR REVENUE counsel for the Respondent Nos.2 to 4 : AGp FoR LAND AceursrfloN The Court made the following ORDER -J THE HONOU RABLE SRI JUSTICEJ. SREENTVAS RAO WRIT PETITION No.49 11 0F 2025 ORDER: Heard Mr. Ch. Shiva Kumar Raju, learned counsel for the petitioner and Ms. K. Radha Reddy, learned Assistant Government Pleader for Land Acquisition appearing on behalf of the respondents.

2. With the consent of the respective parties, the writ petition is being disposed of at the stage of admission'

3. Facts giving rise to hling of this writ petition briefly stated are that the petitioner is claiming that he is tJ:e owner of house bearing No.l-29/1 in an extent of 60'50 square yards covered by Sy.No'76 situated at Cheerlavancha Village of Sircilla Mandal, Karimnagar District (present Rajanna-Sircilla District)' The respondent authorities acquired the subject property for the purpose of construction of Mid Manair' In the said a, .. 2 project, the entire village of Cheerlavancha sub,merged. Respondent No.4 passed award dated __.O2.2016 invoking the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehah,ilitation and Resetflement Act, 2013 (for short, ,.the A<:t,,) and awarded meager compensation. Not satisfying urith the sarne, the petitioner submitted an application on

16.04.20\6 before respondent No.4 requesting him to refer the matter to the competent authority for determination of proper compensation. In spite of severa_l representations submitted by the petitioner, respondent No.4 has not taken arry steps to consider the clajm of the petitioner and the same is in gross violation of the provisions of the Act. 4 . Learned counsel for the petitioner submits that though the petitioner has submitted application on

16.04.2016 requesting respondent No.4 to ref.er ttre 1:a;;;, l" matter to the competent authority under Section 64 of the Act, respondent No.4 has not taken any steps. He further submits that similarly situated claimants belonging to the very same village have approached this Court and frled W.P.No.1378 of 2018 and the same was disposed of directing the land acquisition officer to consider the application in terms of Section 64 of the Act by fixing time limit. Therefore, the petitioner is also entitled to the very same relief.

5. Learned Assistant Government Pleader for Land Acquisition submits that if the application submitted by the petitioner dated 16.O4.2016 is still pending, respondent No.4 will consider the same in accordance with law and requested this Court to grant reasonable time.

6. Having considered the rival submissions made by respective parties and after perusal of the material \ 4 availabie on record, it reveals that the petitioner 1S claiming that he is the owner of house bearing No.1-29/l in. an extent of 60.50 square yards covered by Sy.No.76 situated at Cheerlavancha Village of Sircilia Mandal, Karimnagar District ald the said property was zrcquired for the purpose of construction of Mid Manajr and the land acquisition ofhcer had passed award on --.02.2016 vide Lr.No.B /221/2OO7-VII-Patta-MP. Thereafter, the petitioner submitted an application before resoondent No.4 on 16.04.2076 requesting him to refer the rriatter to the competent authority under Section 64 of the Act seeking enhancement of compensation.

7. Taking into consideration the facts and circumstances of the case, this Court deems it appropriate to direct respondent No.4 to consider the application submitted by the petitioner dated 16.04.2076 ald pass appropriate order in accordance with larv within l .1 I -tI 5 a period of eight weeks from the date of receipt of a copy of this order aJter giving opportunity to the petitioner if not already disPosed df. 8 It is made clear that this Court has not expressed any order on the merits of the case' g. With the above said directions, the writ petition is disposed of accordinglY. Miscellaneous petitions pending, if any' shall stand closed. No order as to costs' //TRUE COPY// SD/-P. PADM ASSIS ANABHA REDDY ANT REGISTRAR ECTION OFFICER -c"ttectoriuA; sCsp, ssp and JCRGLIP' Tarnaka' Hvderabad The Principal Secretary, Revenue Department' Secretariat' State of Telangana at HYderabad. ih" OiJtla ColLctor (LA) Sircilla, Rajanna Sircilla.D. istrict' iir. sp.l.r in" Li.O Acquisition Officer, Special Deputy Collector' LA Unit-Vlll' rrcnr,rrr,rn and Dr. B.R. Ambed.kar, PCSSP, Rajanna Siricilla District. i*; Cc; io cp ron REVENUE ,High Court foi the State of Telansana at Hvderabad. [OUT] i;;"#;i" 'Cp ibn LAND AcQulslrloN, Hish court ror the state or Telangana at Hyderabad. [OUT] o;; ic i; s.irbH.snrvlKUMhR RAJU, Advocate [oPUC] Two CD CoPies To 1 2 J 4 5 6 7 B SA BS ---=.----t , C.C. TODAY '' , .\t -r''' //1 !;. t"' l"' 11 ',lB i$h \i.. _:., (.-; I HIGH COURT DATED:20 to2l2025 ORDER WP.No.4911 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. /z /./ ,.7 /t /z {