The High Court · 2025
Case Details
Petition under Article 226 of the Co4stitution of lndia praying that in the circumslances stated in the affidavit Filed thereivith, the High Court may be pteased to issue an order, writ or direction more partipularly one in the nature of Writ of Mandamus: A. Declaring the action of tha Respondent No. 7 in not considering the representation of the Petitiones 13109/2022. 31103120231 1210312024 and O3lO2l2OZ5 and 0110212025, and not complying with the direbtion given by Respondent No. 6 on 1410212025 communicated to Respondent No.7 vide Letter bearing Lt.No. G2l5Ol2O22, as illegal, arbitrary, unconstitutional as the same is violative of Article 14 of Constitution of lndia, and B. Consequently direct all the Respondents. mqre particularly the Respondent No.7 to strictly follow the procedure laid down by law hnd also under the National Highways Act 1956 and Act No.30 of 2013, and the guiqelines issued by the Ministry of Road Transport and Highways, Government of ln[ia of Land acquisition for National Highway under National Highways Act, 1956 under clause 3.3 (iii) with respect to Petitioners Iand admeasuring Ac.32 gts., in Sy.No.206/4 and 544 Sq.yards in Sy.No.59, which is converted into non agricqltural land, situated at Chinthalapally a. .,/ -7 Village, Sangared jy Mandal and District, proposed to be acquired by the Respondents authorities for Ree ional Ring Road under Notification dated OBIOBI'.|.O23 lA NO: 1 OF 2025 Petition un(ier Section 15'l CPC praying that rn the crrcumstances stated in the affidavit filed in support of the petition, the High Court may be pleased prayed that the Respondent authr)rities be directed not to pass illegal award and to take illegal possession of the petition subject land without due process of law, pending disposal of the main writ petiticn, in the interest of lustice Counsel for the Petitioners: SRl. VIJAY PISSAY Cbunsel for the Respondent No.1: SC FOR CENTRAL GOVERNMENT Counsel for the Respondent Nos.2&6: AGP FOR REVENUE Counsel for the Respondent Nos.3 to 5: SC FOR NHAI Counsel for the Respondent No.7: SRI MURALI KUMAR REDDY The Court made the following: ORDER , I -a THE HoN'BLE sRr.IUsrICE ir.v. snnaverv KUMAR WRIT PETITION No. 342 of2o25 ORDER: This writ petition is hlep seeking the following prayer: "WRIT OF MANDAMUS declQring tLrc action of the Respondent No.7 in not consideling the representations of the Petitioners 13/09/2022 3l/03/2023 12/03/2024, 01/02/2025 and 03/02/2025 and not complging uith the direction giuen by Respondpnt No.6 on 14/02/2025 communicated to Respondent lVo.7 uide Letter beaing Lr.No.G2/ 50/2O22 as illegal ar\itrary unconstitutional as the same is uiolatiue of Article /4 of Constitution of India and Consequently direct all the Respondents more particrularlg the Respondent N$.7 to strictlg follow the procedure laid doun bg lau anf also under tle National Highutags Act 1956 and Act l,{o 30 of 2O 13 and the guidelines issued bg t of Road Transport and of Land acquisition for Highu.tays Gouemmen Highways Act 1956 National Highutag un under clause 3 3 iii utith re ect to Petitioners land admeasuring Ac.0-32 gts in S .No.206/A and 544 Sq gards in Sg.No.59 uthich is con rted into non ag ricultural land situoted at Chinthalap tly Village Sangareddy Mondal and District proposed tobea cquired bg the ng Road under Respondents authoities for R Notification dated 08/ 08/ 2023 fuional Ri flnd pass.
2. Heard learned counsel apqearing for the petitioner, learned Central Government counsel appearing for respondent No.1, learned Assis t Government Pleader --\--l NVSK,-T -'I W.P.No.6342 of 2025 2 for Reven're appea-liltg for respondent Nos.2 and 6, learned Strmding Counsel appearing lor respondent Nos.3 to 5 and Sri Mura-li Kumar Reddy, lt:arned counsel appearing for the 7th respondent. With thr: consent of the parties, thr: writ petition is being taken upr for disposal at the admission stage itself. Perused the record.
3. Brief facts in this Writ Petition are that petitioner No.2 claims that she is the absolute ownel and possessor of land ad:measuring 455.27 11 Sq. meters, equivalent to
544.50 Sq. yards in Sy.No.59, situated at Chintha-lapally village, Sa:rgareddy mandal and district. Petitioner No.2 land was ,lonverted from agriculture to non-agriculture land vide. proceedings dated 07,O1.2022 issued by the Tahsildar Joint Sub Registrar, Sangareddy manda-l and district. It is further submitted that for the purpose of Green-filed Expressway Project, in the stretch of land from Km.O to I(m.9.56O and Km.1B.1B3 to Krn.25.3O4, the respondents issued l-A and 3-D Notificatior s on 08.08.2023 to acquire the land NVSK.J W.P.No.6342 of 2025 3 admeasuring Ac.47.16 gts., regional ring road of Chinthalapally village in Sangargdd y District. It is further submitted that the petitipners made several repiesentations to respondent Nos 6 and 7 to award compensation by treating their lands as non-agriculture lands and in reply to their representations respondent No.7 issued a letter dated 14.01.2025 stating that since their representations are d[ng the same may be considered at the time of pa sing the Iinal Award. F Questioning the said letter date
14.O2.2025, petitioners d filed the present Writ Petition.
4. Per contra, Sri Mufa-li Kumar Reddy, learned counsel appearing for th! 7th respondent submits that the present Writ Petition is rn premature stage and that no Award has.been passed tlll date. Learned counsel further submits that'if the reprgsentations are pending, respondent NO.7 will consider tfre said representations and pass appropriate orders, in a$cordance with law. I I I NVSK.J,..r W. P.No.6342 cf 2025 a\ \ 4
5. Recording the submission made by learned counsel appearing on either side and without expresslng €rny opinion ol1 the merits of the case, this writ petition disposed of directing respondent No.7 to dispose the 1S representa.tions made by the petitioners for determining the compe'nsation based on the Nala proceedings dated O7.OI.2O2'2 issued by the Tahsildar - cLrm - Joint Sub Registrar, Sangareddy mandal and district and pass appropriate orders, strictly in accordance with law, as expeditiour;ly as possible and also communicate the same to petitionr:rs. There shall be no order as to costs. Miscellaleous applications, if any pending, sha_ll stand close:d SD/-AHMED ABDULLAH KHAN STANT REGISTRAR SI //TRUE COPY// SECTION OFFICER To,
1. The Dy. Se:retary, NHAU National High Way Authoriry of lnd a, Department of National HiQhway Roads New Delhi -
2. The Princip tl Secretary, Revenue Department, (Land Acquis:ion) Secrerariat Buildings, B RKR Bhav'an. Hyderabadl f.irng;riu _ S0O0ri3 '
3. The Nationzrl Highway Authority of lndia, Rep by its Director, I,lew Delhi. 4 I1:^!.?,,:l:,Jighway Aulhority of tndia, Regionat Officer, panchavari Sociery uorony, urjt txecutrve Enclave, Green Valley, Banjara Hills, llyderabad. 5. The Project Director, National Highway Authority of lndia Ministry of Road Transpojt a,rd Highways) project-lmpli:mentatio'n Unit_ Caiwe gbsioe Donthula Prasad Fun,rtion Hall. 3rd Floor, Sangapur Road. Galwel _'5O.,?79.
6. The District Collector, Sangareddy District Telangana 7. fhe Revenue Divisional Officer cum Competent Authority LanJ Acquisition Officer, San tareddy Divisron. Sangareddy District Telanqana -
8. One CC to SRl. VUAY PISSAY Advocate {OPUCI 9. One CC to SRI MURALI KUMAR REDDYAdvocare {OPUCI '1 0 One CC to SC FOR CENTRAL GOVERNMENT [OPUC] 1 1 . One CC to SC FOR NHAI [OPUC] 12.Two CCs to GP for Revenue, Hrgh Court for the State of Telangana at Hyderabad. [OUT] 13 Two CD Copies KKS W / 1 HIGH COUIRT DATED:08/'i4t2O2S \ \ ORDER WP.No.6342 of 2025 .ii .€ c U t 2 5 AUE 206 Dtsr,: 'i r-l 1 \ I t I .DISPOSING I'HE WRIT PETITION WITHOUT COSTS I a