The High Court · 2025

[f;3llli'fti.Xtlfi",i,:r;,7j*h?,e Kista Reddv Ased. 76 years, occ. Asricurture, R/o AND

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3. .,.PETITIONER 3:ili:i?,lt,I;i??g3!3: '", bv its principre Secretary or Revenue (LA), The District Collector., Gadwat District. The Revenue Divisional Officer., Gadwal District il':ff"1:fir'#:l1trlT,3ineer, rs G E Nco, Lower J ura ra project, Arma k u r il1"'"5Jiiffi,ff:l'*. rsGENCo, Division No.1, LJp, Atmakur Mandar, ...RESPONDENTS petition under Articre 226 0f rhe constitution of India praying that in the circumstances stated in the affidavit filed therew pteased to issue a writ, order or direction ,rn,"r,rriin".ji:" T;:',"T:J"li,n,:; Mandamus declaring the action of the Respondentr "on.uor"tnffi : ji;:t;il::jil: the representation dated 20 _ 1 1 _2024,u no ; acquire the lands of the JjTff#;;j.l:, ::.r;HffJ,:l; # i "l Reku ra pa,y V,ase of consequently to pay the crop damages to the petitioner as per rand Acquisition Act 30 of 2013, the inaction on the part of respondents is absolutely illegal, arbitrary and viorative of principres of naturar justice and vioration of vioration of Articles 14, 19, 300-4 of the Constitution of lndia. " lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fited in support of the petition, the High Court may be pleased to direct the respondents to consider the representation dt: 2011 112024 made by lhe petitioner. Counsel for the Petitioner : SRI KIRAN REDDY MALLARAPU Counsel for the Respondents No.1to3 : ASST.GP FOR LAND ACQUISITION Counsel for the Respondents No.4&5 , 3['r%rf;rn##oHAN REDDY, The Court made the following: ORDER -7 THE HONOURABLE SRI JUSTICE J.SRf,ENIVAS RAO WIUT'PETITION No.5018 of 2025 ORDER: This writ petition is filed seeking the lotlowing reliel: ".-. to issue a Writ Order or direction rnore particularly one in the nature of Writ of Mandamus declaring the action of the Respondents herein in not considering to the representation dated 20.11.2024 and consequently direct the respondents to acquire the lands of the petitioner admeasuring Ac.7-38 gts in Sy.No.286 in Rekulapally Village of Gadwal Mandal and District and to pay compensation and consequently to pay the crop damagcs to thc petitioner as pcr land Acquisition Act 30 of2013 the inaction on the part of respondents is absolutely illegal arbitrary and violative of principles of natural justice and violation of violatiorr of Articles 14, 19, 300-A of thc Constitution of India."

2. Heard Sri M.Kiran Reddy, learned counsel lor the petitioner, leamed Asslstant Government Pleader for Land Acquisition for respondent Nos. I to 3 and Sri D.Jagan Mohan Reddy, learned Standing Counsel for respondent Nos.4 and 5.

3. With the consent of learned counsel for the parties, the writ petition is being disposed of at the stage of admission

4. Petitioner is claiming that he is the owner and possessor of the agricultural land to an extent ol Ac.7-38 gts., In Sy.No.286 paiki, situated in the Rekulapalli Village of Jogulamba Gadwal Mandal and District and the same was purchased through the registered sale deed I I Z dated 03.01.2000 and since then he has been in possession and enjoyrnent ol the subject property. While things stood thus, respondent Nos.2 and 3 acquired the land to an extent of Ac.67 -23 gts., in various survey numbers for the purpose of construction of weir across river Krishna at 7.1) km. downstream of Priyadarshani Jurala Project dam, (PJP Dam), basing upon the request made by respondent Nos.4 and 5 and tlie land acquisition officer had passed award on 31.08.2024. Accordingly. respondents have constructed weir across river Krishna. Petitioner lurlher averred that by virtue of construction of the above said weir across river Krishna, his subject property was submerged and the same is not usefirl for doing agricultural operations or any other actrvrtlcs l)etitioncl has approached respondent authorities and requested thenr to acquire his land and pay compensation. He also averred that the Executivc Ensineer, lrrigation Division-1, Jogulamba, Gadwal, issucd letter dated 21 .09.2023, wherein he stated that the sub.ject property was submerged due to construction of weir across river Krishna. 'fhcreafter, the petitioner submitted representation to responderrt Nos.2 to 4, dated 20.11.2024 requesting them to acquire his subject property and pay the compensation, as per the provisions of 3 Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resetlement Act, 2013 (for brevity .Act 30 of 2013'). Inspite of the same, respondent Nos.2 to 4 have nor taken any steps to consider the same.

5. Learned counsel for the petitioner submits that petitioner submitted detailed representation on 20.11.2024 to respondent Nos.2 to 4, requesting them to acquire the subject property of the petitioners and pay the compensation as per the Act 30 of 2013. In spite of the same, they have not taken any steps to consider the said request without any valid reasons, Hence, the action of respondents is gross violation of Article 300.A of Constitution of India.

6. Sri D.Jagan Mohan Reddy, learned Standing Counsel for respondent Nos.4 and 5 submits that the Executive Engineer, Irrigation Division No.l, Jogulamba, Gadwal, issued letter on 21.09.2023, without issuing any notice to requisition department. Basing on the said letter, petitioner is not entitled to seek any relief.

7. Learned Assistant Govemment pleader for Land Acquisition submits that if the representation submitted by the petitioner dated 4

20.11.2024 is still pending, respondent Nos.2 to 4 will consider the same in accordance with law and requested this court to grant reasonable tlme.

8. Having considcred the rival submissions made by the respective parties and alter perusal of the material available on record, it reveals that the petitioner is ctairning rights over the subject property to an extent of Ac.7-38 gts., in Sy.No.286 paiki, situated in the Rekulapalli Village of Jogulamba Gadwat Mandal and District, pursuant to the registered sale deed dated 03.01.2000. -fhe specific claim ofthe petitioner is that by virtue of construction of weir across river Krishna, the subject land of the petitioner was submerged. Therefore, the petitioner has submitted representation to responclent Nos.2 to 4, dated 20-ll-2024, requesting them to acquire the subject land and pay compensation as per the provisions of the Act 30 ol20l3.

9. Taking into consideration of the facts and circumstances of the case and submissions made by the respective parties and without going into the merits ol'the case, this court deems it appropriate to dispose of the writ Petition, with a direction to respondent Nos.2 to 4 to consider the l. 5 representation submitted by the petitioner dated 20'll'2024' and pass appropriate orders in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order' after giving notice and opportunity to the petitioner and respondent No'5' including personal hearing. However, it is needless to observe that the petitioner is entitled to submit letter dated 2l'Og'2023 issued by the Executive Engineer, Irrigation Division No' 1, Jogulamba' Gadwat' in support of his claim. l0.Withtheabovedirection,theWritPetitionisdisposedof.No costs. Miscellaneous petitions, if any, pending in this,writ petition shatl stand closed. There shall be order as to costs' //TRUE COPY// SD/.T. TIRUMALA DEVI ASSISTANT REGISTRAR 0N" ION OFFICER Hvderabad. . The Principal Secretary of Revenue (LA)' Secretariat' state of Telangana' rfr"-o[itiJt Collector', Gadwal District -. . . . iil; H;;;;;;-Divisional officer'' Gadwal r"ddEilrco'' lower Jurala Project' Atmakur The Superintendent -"'si';;5i" tvirnOut,'Wrnapqrthy''tt''?tin.*"O, Division No.1, LJP, Atmakur Mandal, The Executive Engineer, rth"stut"or 3't'J8S^tilR[ifu-*rp3JXtb1iryd-i',]f"f 'S"tTyf Two CCs to GP FOR LA 5"J:BET {RyJl.,ono* M.HAN REDDY' sc FoRrscENco toPUCl Two CD CoPies. BSK -Distnct 5

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8. o BS \ \ To, 1 2 3 4 I CC TODAY $E srA r6: J ) ) , 2 7 rtB 2uE \ , Z r) I ./ 4 / HIGH COURT DATED:2010212025 ORDER WP.No.5018 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ +q--' i\M