'I . Bandi Thirupathi S/o. Bandr Hanmanthu v. 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 pleased to issue an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ declaring the respondents in earmarking in part of the petitioners agricultural lands i.e. in the land admeasuring 03.00 acres in sy.no.45C of the petitioner no.1 situated at Kasimpet Village (Madhapur Village shivar) of Bejjanki [t4andal of Karimnagar District, 01 acre 24 guntas in sy.no.537 -]:r, - and 0'1 acre 38 guntas in sy.no.538 of the petitioner no.2. 0.31 guntas in sy.no.535A and 01 acres 20 guntas in sy.no.535B of the petitioner no.3 and 01 acre 05 guntas in sy.no.5354 of the petitioner no.4 situaterJ al Madhapur Village of Bejjanki Mandal of Karimnagar District, for digging feeder channel canal, withoul initiating the land acquisition proceedings and without payirg any compensation to the petrtioners and without following the procedure laid down under Right to Fair Compensation and Transparency in Land Acquisiticn, Rehabilitation and Resettlement Act, 2013, is nothing but arbitrary, illegal, null and void and violative of principles of natural justice and also violative of Articles 14 19.21 and 300-A of the Constitution of lndia. Consequently, direct the respondents not to dig feeder channel canal from any part of the agrrcultural lands of the petitioners unless the authorities follow the procedure laid down under Rrght to Farr Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and pay suitable compensation or in the alternate allot the agricultural lands to the petrtioners l.A. NO: 1 OF 2016(WPMP. NO: 10568 OF 2016 Petition under Section 151 CPC praying that in the ;ircumstances stated in the affidavit filed in support of the petition, the High Court nray be pleased to direct the respondents authorities not to dig the feeder chennal canal from any part of the agricultural lands of the petitioners i-e. in the land adm:asuring 03.00 acres in Sy. No. 45C of the petitioner No. 'l situated at Kasimpet Vi lage (tvladhapur Village shivar) of Bejjanki firlandal of Karimnagar District, 01 acre 24 guntas in Sy. No. 537 and 01 acre 38 guntas in Sy. No. 538 of the petitioner Nc. 2, 0.31 guntas in Sy. No. 5354 and 01 acres 20 guntas in Sy. No. 5358 of the petitioner No. 3 and 0'l acre 05 guntas in Sy. No. 5354 of the petitioner No.4 situaled at l,,4adhapur Village of Bejjanki Mandal of Karimnagar District, unless they follo.,ry the procedure as laid down in the Right to Fair Compensation and Transparen:y in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Counsel for the Petitioners: SRI K. VENUMADHAV Counsel for the Respondent Nos.1 to 4: GP FOR REVENt,E Counsel for the Respondent No.5: GP FOR IRRI AND COIrlIM AREA DEV The Court made the following: ORDER HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.8337 of 2O16 ORDER: This u,rit petition is filed seeking the following prayer:- " declaring the respondents in earmarking in part of the petitioners agicultural lands i e in the land admeasuring 03-00 acres in Sg.No.4SC of the petitioner no.1 situated at Kasimpet Village, Madhapur Village shiuar of Beljanki Mandal of Kaimnagar District Ac.O1-24 gts., in sg.no.537 and Ac.01-38 gts., in sy.no.539 of the petitioner no.2, Ac.0-31 guntas in sg.no.535A and Ac.)1- 2O gts., in sy.no.5358 of the petitioner no.3 anrl Ac-O1 05 guntos in sg.no.535A of the petitioner no.4 situated ctt Madhapur Village of Bejianki Mandal of Karimnagar District for digging feeder channel canal without initiating the land acquisition proceedings and without paying ang compensation to the petitioners and without follott-ting the procedure laid down under Rigltt to Fair Compensation and Transparencg in Land Acquisition Rehabilitation and Resettlement Act 2O13 is nothing but arbitrary illegal null and uoid and uiolatiue of pinciples of natural justice and also uiolatiue of Articles 14, 19, 21 and 3OOA of the Constitution of India Consequently direct the respondents not to dig feeder channel canal front ang part of the agicultural lands of the petitioners unless the authorities follou the procedure laid doun under Right to Fair Compensation and Transparencg in Land Acquisition Rehabilitation and Resettlement Act, 2013 and pag suitable compensation or in the alternate allot the agriculturaL lands to the petitioners"

2. Today when the matter has been taken up for hearing, learned counsel for the petitioner sutrmits that this Court uide order dated 15.03.2016 in W.P.M.P.No.10568 of 2016, passed the following interim order:- ( 2 "There shall be interim direction to the re:;ponderuts not to interfere ttith the possesslon of the petitiollers' land without follotuing due process of law."

3. Learned Assistant Government Plerid e r lor Revenue appearing for respondents submits that t he respor-rdent authorities will follow due process of 1aq before initiating action on the subject property. 4 . Recording the submission made by the learned Assistant Government Pleader appearing for rr:spondents and rvithout expressing any opinion on the merits of tl-re case, this rvrit petition is disposed of directing the responrlent authoritics to follow due process as contemplated under law before initiating action on the subject property.

5. Accordingiy, with the above directions t his r.r'rit petition is disposed of. Miscellaneous petitions, if an.', per-rding in this writ petition shall stand closed. No costs. //TRUE COPY// SD/. B.REKHA RANI ASSISTANT.REGISTRAR ( 7', SECTION OFFICER 1 The Principal Secretary to the Revenue Department, Secr-etariat Buildings' The State of Telangana, Hyderabad. The District Collect-or, Karimnagar District, Karimnagar'. - The Revenue Divisional Officer, Karimnagar Division, l(arimnagar' The Tahsildar, Bejjanki Mandal, Bejjanki, Karrmnagar [)islrict. The Superintending Engineer, lrrigation and Commanci Area Department, Karimnagar. One CCio Sri K. Venumadhav, Advocate [OPUC] Two CCs to GP for Revenue, High Court for the State of Telangana, at Hyderabad [OUT] Triro CC to the GP for lrrigation and Command Area [)evelopment, High Court for the State of Telangana, at Hyderabad[OUT] Two CD Copies \ To, ., a

4. 5. 6 7. 8 o J TKS C) HIGH COURT DATED:2610612025 r'; a- / -' t{ iH j?{.,.\ ,t\ .\-c-:, ORDER WP.No.8337 of 2016 't0 stP 206 t i':a,,.,,,'r' i' .-.- DISPOSING OF THE WRIT PETITION WITHOUT COSTS