✦ High Court of India · 20 Feb 2025

The High Court · 2025

Case Details High Court of India · 20 Feb 2025
Court
High Court of India
Decided
20 Feb 2025
Bench
Not available
Length
1,298 words

Acts & Sections

Petition under Article 226 of lhe 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 respondents No.2 and 3 in not returning the remaining land to an extent of Ac.0.12 Guntas in Sy.No.5i113 (5/36), situated at Peddannapalli Village Shivar, Kasipet Mandal, Mancherial District, out of total acquired land to an extent of Ac.1 .O2 guntas for the purpose of laying diversion road from Mandamarri to Kasipet as illegal, arbitrary and in violation of Principles of Natural Justice and in violation of Article 300-A of the Constitution of lndia, consequently direct the 2nd respondent to act upon representation Letter dated 12-07 -2024 addressed by the 3rd respondent to the 2nd respondent. I i:i lA NO: 1 OF 2025 Petition under Section '151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No. 2 to consider the representation dated 25-03-2022 filed by the petitioner forthwith, pending disposal of the main writ petition. Counsel for the Petitioner : SRI GADDAM JAGANNATHAM counsel for the Respondents No.1&2 , 3E,I"tJl||lsHA REDDY, Counsel for the Respondents No.3 : GP FOR REVENUE The Court made the following: ORDER HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No.5077 OF 2025 ORDER: Heard Sri Gaddam Jagannatham, learned counsel appearing on behalf of the petitioner, Sri P.Sri Harsha Reddy, Iearned Standing Counsel for Singareni Collieries Company Limited appearing on behalf of the respondent Nos.1 and 2 and the learned Government Pleader for Revenue appearing on behalf of the respondent No.3. 2, The Detitioner aooroached the Court seekinq Draver as under: "...to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents No.2 and 3 in not returning the remaining land to an extent of Ac.o.12 Guntas in Sy. No.5/1/3 (5/36), situated at Peddannapalli Village Shivar, Kasipet Mandal, Mancherial District, out of total acquired land to an extent of Ac.1.02 guntas for the purpose of laying diversion road from Mandamarri to Kasipet as illegal, arbitrary and in violation oF Principles of Natural Justice and in violation of Article 300-4 of the Constitution of India, consequently direct the 2nd respondent to act upon representation Letter dated 12-07-2024 l I \ 2 SN,J w_5077 _2025 addressed by the 3'd respondent to the 2nd respondent and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

3. The case of the petitioner, in brief, is that the respondent No.1, company filed requisition before the respondent No.2 authority for acquiring the land for the purpose of laying diversion road from Mandamarri to Kasipet and after following due procedure under law, respondent No.3 issued notice vide letter dated 30.12.20L4 to the father of the petitioner to appear before the respondent No.3 on 10.01.2018 at about 11.00 a.m., for filing objections. Further, the Member Negotiation Committee and the Sub Collector, Bellampally issued Form-D vide No.A/3531/2002 dated 09.02.2018 requesting all the interested persons in the acquired land to appear before the Negotiation Committee on 20.02.2018 at Sub Collector office, Bellampally to settle their claims through the Negotiation Committee and the father of the petitioner also appeared before the Negotiation Committee and compensation was paid, however, the father of the petitioner passed away on 20.01.2025 and the petitioner came to know that the entire land in Sy.No.5/U3 (5/36) had not been utilized for the purpose of laying diversion road from I 3 SN,J w_5077 _2025 Mandamarri to Kasipet and the respondent company had utilized only 0.30 guntas of land and the land to an extent of Ac.0.12 remained as unutilized land as on date by the respondent com pa ny.

4. It is the specific case of the petitioner that the petitioner vide detailed representations dated 25.03.2022 and 24.06.2022 requested the respondents for reconveyance of the subject land as per Rule 34 of the Telangana State Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2014 under chapter-Vll and in pursuance to the representations of the petitioner dated

25.03.2022 and 24.06.2022, the respondent No.3 addressed a letter dated 12.07.2024 to the respondent No.2 requesting the respondent No.2 to verify the subject land and submit a detailed report, however, in pursuance to the letter dated L2.O7.2024 of the respondent No.3 addressed to the respondent No.2, no report had been furnished as on date and no action has been initiated on the representations of the petitioner dated

25.03.2022 and 24.O6.2022. Aggrieved by the same, the petitioner filed the present writ petition. 4 SN,J w-5077_2025 5. Sri P.Sri Harsha Reddy, learned Standing Counsel for Singareni Collieries Company Limited appearing on behalf of the respondent Nos.1 and 2 submits that the writ petition could be disposed of directing the respondent Nos.1 and 2 to consider the grievance of the petitioner AS put-forth vide petitioner's representatio n s dated 25.03.2022 and 24.06.20 22.

6. Takinq into consideration: a) The facts and circumstances of the case, b) The submissions put-forth by the learned counsel appearing on behalf of the petitioner and the learned Standing Counsel for Singareni Collieries Company Limited appearing on behalf of the respondent Nos.1 and 2 and, c) The contents of the representat;ons dated

25.O3.2O22 and 24.06.2O22 submitted by the petitioner to the respondent Nos.1 and 2 herein, The writ petition is disposed of directing the respondent Nos.1 and 2 to consider the grievance of the petitioner as put-forth vide petitioner's representations dated 25.03.2022 and 24.06.2022 addressed to the 7 ) SN,J wp_5077]025 respondent Nos.1 and 2 herein seeking reconveyance of the unutilized lands to an extent of Ac.O.12 guntas situated in Sy.No.5/1/3 (5/36), situated at Peddannapalli Village Shivar, Kasipet Mandat, Mancherial District, as per Rule 34 of the Telangana State Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2014 under chapter-Vlf and pass appropriate orders on the said representations within a period of three(3) weeks from the date of receipt ,of a copy of this order and duly communicate the decision to the petitioner. However/ there shall be no order as to costs. As a sequel, the miscellaneous petitions, if any pending, in the Writ Petition shall also stand closed. / To, //TRUE COPY// ASS T SD/.N, SRIHARI NT REGISTRAR I S CTION OFFICER U

1. The Chief Managing Director, The Singareni Colleries Company Limited, Kothagudem, Bhadradri Kothagudem District

2. The General Manager, The Singareni Colleries Company Limited, Mandamarri Area, Mancherial District

3. The Revenue Divisional Officer, Bellampalli Division, Mancherial District. 4. One CC to SRI GADDAM JAGANNATHAM, Advocate. [OPUC] 5. One CC to SRI P.SRI HARSHA REDDY, SC for Singareni Collieries Company Limited. IOPUCI

6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT]

7. Two CD Copies. BSK r HIGH COURT DATED:2010212025 ORDER WP.No.5077 of 2025 I 6 STA (.( 1 C 1B I'IAR ?U5 t :o Sr,^.TCl DISPOSING OF THE WRIT PETITION WITHOUT COSTS ^n g.-\*t !

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