Kasani Laxmi v. The State of Telahgana

Petition under A icle 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 a Wri{, order or direction more padicularly one in the nature of Writ of ft4andamus by declaring the action of the Respondents No. 2 and 3 more particularly Respondent No.3 in erecting the Flexi handedly in the land of the Petitioner in Sy. No. 618/B/3, Sudimalla Village, Yellandu Mandal, Bhadradri Kothagudem District tor an extent of Ac. 6-00. Gts, belonging to'1he petitioner, without following due piocess of law or without acquiring the land of the Petitioner and without paying any 'compensation in terms of Act 30 of 2013, The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, is illegal, arbitrary and violative of Article 14, 21 , 300-4 of Constitution of lndia, lbesides violative of principles of Natural Justice and consequently direct thd Respondent No. 3 not to dispossess the Petitioner from the land in Sy.No.618/8/3, Sudimalla Village, Yellandu Mandal, Bhadradri i I I I I I I I Kothagudem District to an extent of Ac. 6-00. Gts, belonging to the Petitioner without following due lprocess of law or without initiating Land Acquisition proceedings lA NO: 1 OF 2O2s 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.3 not to dispossess the Petitioner from the land in Sy.No.61B/B/3, Sudimalla Village, Yellandu Mandal, Bhadradri Kothagudem District to an extent of Ac. 6-00. Gts, belonging to the Petitioner without following due process of law or without initiating Land Acquisition proceedings pending disposal of the Writ Petition. Counsel for the Petitioner: SRI PARSA ANANTH NAGESWAR RAO Counsel forthe Respoirdents: GP FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.63O4 of 2O25 ORDER: It is stated that the petitioner is the pattadar and possessor of the land admeasuring Acs.6.0O guntas in Sy.No.6lB/8/3, situated at Sudimalla Village, Yellandu Mandal, Bhadradri-Kothagudem District and she was also issued pattadar pass book bearing No.03863 uide Patta No.1050 under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 and the Rules made thereunder. The grievance of the petitioner is that the respondent authorities, without issuing any notice and without following the procedure as contemplated under the provisions of the Right to Fair Compensation and Transparency and Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short "the RR Act, 20 13"), are making efforts to dispossess her from the subject land.

2. Considered the submissions of the learned counsel for the respective parties and with their consent this writ petition is being disposed ot at the admission stage. l 2 CVB& J tNp 6304_2025

3. Learned counsel for the petitioner relying upon the A_1 nottce uide proceedings Rc.No.B/ 148812024, dated 07.12.2024 has vehemently contended that initially the respondent authorities have identihed the land admeasuring Acs.2O.00 guntas in Sy.No.618 claiming that the same is a Government land and directed the petitioner to submit her explanation to the said notice. Learned counsel further contended that even if the land is Government land and since the petitioner is in possession of the same and pattadar passbook has been issued in her favour, she has to treat as rightful owner for payment of compensation under the provisions of the RR Act, 2O13 as per the guidelines issued by this Court in LAO-cum-RDO, Chevella Division, Domalaguda, Hgd.erabad a. Mekala pandur,

4. Sri L.Ravinder, learned Assistant Government pleader for Revenue appearing for the respondents has submitted that initially the Government land situated in Sy.No.61g, situated at Sudimalla Village, was identified for construction of Integrated Residential School Complex for SC, ST, BC and Minorities and now the land in Sy.No.549 of Rompaid Viltage is identified for the construction of the said school. Therefore, the land claimed l- t- ' zoo+12; nro +sr 3 CVBR, J Wp_6304 2.02s by the petitioner and the land identified for construction of the school is totally different and distinct.

5. In view of the above submissions and since it is the case of the petitioner that the respondents are making efforts to dispossess her from the lands in Sy.No.618 and its sub-division numbers of Sudimalla Viliage whereas the learned Assistant Government Pleader for Revenue relying upon the instructions has submitted that the proposed construction of the said School building is in Sy.No.549 of Rompaid village, this Court is of the I , opinion that the ends of justice would be met if the Inspector of Suwey at R.D.O. Ofhcer is directed to conduct survey for I I fixation of the boundaries ald localisation of the lands in both the survey numbers after issuing notice the neighbouring pattadars of both the survey numbers and after conducting survey if the land is identihed in Sy.No.618 as claimed by the petitioner, the respondents are directed to follow the procedure prescribed as contemplated under RR Act, 2013 and also the guidelines issued in Mekala Pandu's case. If the lands are not forming part of Sy.No.618, the respondent authorities are at liberty to proceed with the construction of the school building strictly in accordance with law. The above exercise shall be I I I I I { f') CVBR, J Wp_6304_2025 completed within a period of four (O4) weeks from the date of receipt of a copy of this order. Till such time, the respondent authorities are directed not to take any coercive steps over the subject land.

6. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. 7 . As a sequel, the miscellaneous petitions pending, if any, shall stand closed. ,TRUE COPY// SD/- A.V.S.PRA,SAD T REGISTRAR ASSI CTION OFFICER I \ To

1. The Principal Seiretary, The State of Telangana, Revenue Department' Secretariat Building, HYderabad. in" oiitri"t Collecior, 6hadrari Kothagudem, Telangana The iahsildar, (Rurat), Bhadrari Kothagudem District' on" cc i"- Sli Firsa'Ananth Nageswal Rao, Advocate !QP.UC] i*o CCt to Hyderabad [OUT] 6. Two CD CoPies for Revenue, Hi6h Court for the State of Telangana' at -CP 2 J 4 5 . TJ BSIt w 1 t HIGH COURT CC TODAY DATED:0410312025 ORDER WP.No.6304 of 2025 e{, 5 T T e :) c o r\1 l'\' i a6 r\$u ,j {' ,-/ I I I DISPOSING O THE WRIT PETITION WITHOUT COSTS @