lswar Rao Ganathe v. Resettlement Act

Petitron 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 Respondents to consider the representations of the Petitioner dated. 08 03 201 9, 29 0s.2O2O, 23.12.2021, 19.07.2022, 09.09.2023 and 24j0.2024 forthwith. Counsel for the Petitioner : Md.NAWAZ HYDER ALl, rep.,M/s.PlLLlX LAW FIRM Counsel for the Respondents No.1to4 : SRI T.SWECHA, AGP FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE J. SREENTVAS RAO { I I ORDER: WRIT PETITION No.65O7 of2O2S This writ petition is {iled seeking the following relief: ".. . to issue a Writ, Order or direction more particularly one in the nature of Wrlt of Mandamus declaring the actions of the Respondents in drsposscssing the Petrtioner from his plot of land in Sy. No 4O adme asuring 146 Sq.yards or l3O Sq.Mtrs., situated at west N'larrcdpzrlly Villagc, Secunderabad without an!' proceedrngs and thereby taken the lald for construction of thc Govemment scheme of two (2) bedroom flats without issuing any notice on the Petitioncr as corlremplated u / s. a(r) of the Rictt to Fair Compensation and Transparency in Land Acqutsition, Rehabilitation and Resettlement Act. 2013 lor thc said acquisition nor obtaining any consent as contemplated u / S. I I of the Right to l'air Compensatron and Tr ansparency in I-and Acquisition, Rehabilitatron irnd Rcscttlcmcnt Act, 2013 as illegal' arbitran artd u nconstitutional and in violation of Article 19, 2l and 3OO A of the Constitution of India artd agzunst the principles of natural justice and consequently dircct the Respondents to award compensation equivalent to thc lancl that has been acquired by the Respondent authorities in accordance with the Right to Fair Compensation and Transparency in Land Acqursition. Rchabililation and Resettlement Act. 20I3. .' i ! I i I I I I I I ! 2

2. Heard Sri Md.Nawaz Hyder AIi, learned counsel, representing M/s Pillix Lar,r, Firm, appearing on behalf of the petitioner and Ms.T.Swecha, learned Assistant Government Pleader for Revenue appearing on bchalf of respondent Nos. I to 4. With their consent, the writ petltion is being disposed of at the stage of admission.

3. I-earned counsel f<lr the petitioner submitted that the petitioner is a freedom fighter and owner of the land admeasuring 146 square vards in Sv.No.40 situated at Wesr Marredpally Village, Secunderabad. Responcicnt Nos.2 and 3 had taken possession of the said land in the vcar 20 l8 for the purpose of construction of two bed room flats ior public purpose, without initiating any proceedings undcr thc provisions of the Land Acquisition Act, 1894 and withor-rL pavrng any compensation. The petitioner approached respondent No.4 and submitted representations on O5.O7.2O18,

08.03.201c) and 29.05.2020 requesting him to allot alternative land or allot two llats cquivalcnt to the land of the petitioner, which was taken by tht: rcsponclr:nr :ruthorities in the year 2018. ln spite of repeated r('(tuesls maclc br thc pctitioner, respondent No.4 has not taken any stcps rvithorrt anv reasons.

4. Learn,:d Assisttrnt (iovcrnment Pieader basing upon the instructions ft,rr-nishr.d tr) rcspondent No.4 submitted that 3 respondent authorities actually acquired the land covered by Sy.Nos.62 and 63 situated at West Marredpally Village and not in Sy.No.40, and respondent No.3 is the competent authority to consider the representation submitted by tJ.e petitioner. However, the petitioncr has not submitted such representation before respondent No.3. It thc pctitioner submits such representation before respondcnt No.3, he will consider the same in accordance with lau,. 5- Learncd counsel lor the petitioner by way of reply submitted [hat the petitioner may be permitted to submit representation before respondent No.3 and on such representation, respondent No.3 ma1' l>r' directcd to consider the same by l-rxing time limit.

6. Takrng inro consideration the submissions made by thc respcctive t)arti( s, \r'il.hout expressing any view on merits of thc case, tlrc pcr itioncr is granted liberty to submit representation belorc rcsponclent No.3 in respect of the subject issuc. On such reprcscntatron, respondent No.3 is directed to consider the same in accordanc-r' u'ith law, within a period of four (4) weeks thereafter.

7. With tlrc al;o',,c clircction, the writ petition is disposcd of. No otdct :ts ll r ,)st:, t] i I i I I I I I I I I I I i I t I ! i 4 Pending miscellaneous applications, if any, shall stand closed. To, //TRUE COPY// ASSIS SD/- K. AMMAJI REGISTRAR N TION OFFICER

1. The Principal Secretary Revenue Department, Secretariat Building, Saifabad, State of Telangana, Hyderabad.

2. The District Collector, Hyderabad District. 3. The Revenue Divisional Officer, Secunderabad Division. 4. The Tahsildar, Ivlarredpally lvlandal, Hyderabad District. 5. One CC to M/s.PlLLlX LAW FIRM, Advocate. [OPUC] 6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana. IOUT]

7. Two CD Copies. o BSK GJP HIGH COURT DATED:0410312025 t t * ORDER WP.No.6507 o12025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS t\ THE S 14 ( 10 JUt 2025 ' .\ a t