High Court · 2025

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 WR|ToFMANDAluUsdeclaringtheactionoftherespondentsinharassingthe petitioners by issuing impugned Notice i.e., For Way Entry / Exit Notice, dated 10 02 2025 issued by the 9th respondent;[fueatening to remove the petror bunk of the petitioner by name M/s. Ivlourya Reddy Filling Station in Sy.No.72312 situated at Rudraram Vi age Shivar, patancheru IVlandar, Sangareddy District, as illegal, arbitrary, nuI and void and vioration of Articre 14 and 2.1 of the constitution of rndra and consequenfly direct the respondents to withdraw the impugned Notice i.e , For Way Entry / Exit Notice, dated 10.o2 2o2s issued by the 9th responde,nt by allowing the petitioner to run his business i.e., M/s. Mourya Reddy Filling Station as usual. lA NO: 1 OF 2025 Petition under Section 1s1 cpc praying that in the circunrslances stared in the affidavit fire,J in support of the petition, the High court ma,r' be preased to suspend the impu-r)ned Notice i.e., For way Entry / Exit Notice, dated 10.02.2025 issued by the gth respondent by allowing the petitioner to run his business i.e., M/s. N/ourya Reddy Filling station as usual in sy.No.z23l2 situated at Rudraram Village Shivar, Patancheru Mandaj, Sangareddy District pendinq finalization of the Writ Petition. Counsel for the Petitioner: SRt J.KANAKAIAH, Sr. COUNSEL, REp. FOR SRI NARENDAR.JALLI counsel for the Respondent No.1 & 4 to 6: AGp FoR LAND AceursriloN Counsel forthe Respondent No.2 & 3: SRI V.T.KALYAN, SC FOR NHA| Counsel for the Respondent No.7 to 9: Gp FOR ROADS & BUtLDINGS The Court made the following: ORDER THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO WRIT PETITION No.6873 of 2025 ORDER: This writ petition is fiied seeking the following reliet: " ... to issue a Writ Order or direction more particularly one in the nature of Wril of Mandamus declaring the action of the respondents in hurassing the petitioners by issuing impugned Notice i e For Way Entry / Exit Notice dated 10.02.2025 issued by the 9th respondent threatening to remove the petrol bunk of the petitioner by name lt4/s.Mo urya Reddy Filling Stalion in Sy.No.723/2 situaled at Rudroram Village Shivar, Patancheru Mandal, Sangareddy Dislricl as illegal, arbitrary, null and void and violulion of Article I I and 2l of the Conslitulion of India and consequenlly direct the respondent.s to u,ithdraw the impugned Notice i.e., For trllay Entry / Exit Notice dated 10.02.2025 issued by the 9th respondent by olk;tring the pelitioner lo run his business i a l[/s Mourya Reddl, F-illing Station as usual. "

2. Heard Sri J.Kanakaiah, leamed Senior Counsel representing Sri J.Narendar, learned counsel for the petitioner,, leamed Assistant Govemment Pleader for Land Acquisition for respondent Nos.l and 4 to 6, Sri V.T.Kalyan, learned Standing Counsel for respondent Nos.2 and 3 and leamed Govemment Pleader for Roads and Buildings for respondent Nos.7 to 9

3. With the consent of leamed counsel for the parties, the writ petition is being disposed of at the stagc of adrnission.

4. Facts giving rise to filing of this writ petition briefly stated are that the petitioner is tfiEftsolute owner and possessor of the land to an extent 2 .: of Ac.0.3'7 gts and Ac.2.l2 gts in Sy.Nos.76815 and 7_t_j12, sifiated at Rudrararn Vitlage, Patancheru Mandal, Sangareddy District. The petitioner obtained license from M/s.Hindustan petroler:m Corporation Limited to run retail outler and established at KM502/058-103 (RHS) on NH-65 of Pune to Hyderabad in Sy.No.723l1, situated at Rudraram Village, P.tanchery Mandal, Sangareddy District (hereirr after referred to as "sub.iect propefty") and conducting hrs business since 2022, without any objections. The respondent aulhorities are trying to dispossess the petitioner from the subject property, uncier the guise of widening of road. At that time, the petitior.rer along with others approached this Court and filed W.p.No.3 1694 of 2021 and this Courr disposed rrf the said Writ petition on 13.11.2024, dirccting the respondents therein to follow due process of laq,, in the event the lands of the petitioners are required for the purposc of expansion of existing I 00 feet National Highway No.65. The respondent No.9 withour following any due process of law, as per the orders passed by this Court in W.P.No 31694 of 2024, straightaway issued impugned notice dared

10.02.2025 and aggrieved by the same, the petitioner fiied the present writ petition. 3

5. Learned Senior Counsel submitted that the respondent authorities without following due procedure as contemplated under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013), straightaway issued impugned notice dated 10.02.2025 to the petitioner, directing him to remove the petrol bunk in the subject property and the same is gross violation of the provisions of the Act 30 of 2013 as well as 300-A of the Constitution of India.

6. Learned Govemment Pleader for Roads and Buildings submitted that the subject property was occupied by the National Highway authority and respondent No.9 has rightly issued impugned notice dated

10.02.2025 and if the petitioner submits detailed explanation, pursuant to the impugned notice dated 10.02.2025, respondent No.9 will consider the same and pass appropriate orders in accordance with law

7. Learned Assistant Govemment Pleader fbr Land Acquisition and Sri V.T.Kalyan, leamed Standing Counsel, reiterated the very same submissions made by the learned Govemment Pleader for Roads and Buildings. +

8. Bv u,ay of reply, learned Senior Counsel submitted that the petitioner may be granted liberty to submit detailed explanation to the impugned notice dated 10.02.2025, issued by respondent No.9.

9. Having considered the rival submissions made b\/ the respective parties and after perusal of the material available on record, it reveals that the pertitioner is claiming right over the sulrjecr propefty and he is running petrol bunk, since 2022, pursuant to the perrnission granted by the colnpetent authority. Respondent No.9 issued intpugned notice on 1 0.02.202::'. Thereafter, M/s. Hindustan Petroleum Corporation Limited submitted letter dated 17 .02.2025 before respondent No.9

10. Taking into consideration of the facts and circuntstances of the case and subrnissions of respective parties, this C ourt deems it appropriate to dispose of the writ petition, granting libeny to the petitioner 1o subrnit detailed explanation to the impugned notice, ciated

10.02.2025, issued by respondent No.9, within a pcriod of one week from the date of receipt of a copy of this order and or-r such explanation, respondent No.9 is directed to consider the same and pass appropriate orders in ar:cordance with law, after giving noticer and opportunity to the t petitioner,llcluding personal hearing, within a period of two (2) weeks I l I I I ; w,d \ To, 5 from thereafter. However, it is made clear that till such time, respondents are directed not to take any coercive,-steps in respect of the subject propefty. I l. With the above direction, the Writ Petition is disposed of. No costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be order as to costs //TRUE COPY// SD/.A.V.S.PRASAD ASSISTANT REGISTRAR S CTION OFFICER

1. The Principal Secretary, Revenue Department (Land Acquisition)' Secretariat' Hyderabad, State of Telangana'

2. The Regional Officer, National Highway Authority of lndia' Reqional Office' Hvderabad. 0/o. Minisirv'"oi noio.-trun.port'and Highways (l\iloRTH), Eiramanzil, HYderabad 500082'

3. The Project Director, National H.lglygy Authority of lndia' O/o' Backside of - ZllaParishad, Sangareddy, PIN 502001'

4. The District Collector (Land Acquisition), Sangareddy District' 5.TheRevenueDivislonalofficer-cum-LandAcquisitionofficer,Sangareddy, SangareddY District.

6. The Tahsildar, Patancheru fvlandal, Sangareddy District' 7. The Engineer-in-Chief, Roads and Buildings, Erramanzil Colony' Telangana State. B. The Superintending Engineer, Roads and Buildings' NH Cir:ple' Erramanzil' Hyderabad 500082.

9. The Executive Engineer, Roads and Buildings' NH Circle' Erramanzil' Hyderabad 500082

10.One CC to SRI NARENDAR JALLI, Advocate [OPUC] 11.One CC to SRI V.T.KALYAN, SC FOR NHAI [OPUCI '1 2.Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT] .- I3.TwoCCstoGPFORROADS&BUILDINGS'HighCourtfortheStateof Telangana at Hyderabad [OUT]

14.Two CD Copies BSR c* c.lP c/ -..-_- _ :. ::::ra.]..:1r- ,,2., ---:* -=**,d:|.dtat!-€i-".!*-'rr€at'1t!B!F::l! HIGH COURT DATED: 0610312025 CC TODAY 1 BE STA ,€ C 10 t{Ait 2il25 i,,'.'l nr, i.,;'r1...,\.ti -:-... +. (.1 .). ...s ORDER WP.No.6873 of 2025 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS @!4ru