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 d to issue an ap/ropriate writ order or direction more particularly one in the Writ of MandaJus declaring the action of the respondents in forcefully to evict the petitiJners from land admeasuiing Ac 0-20 gts in Sy' No '1l39' please nature trying , / Ac. 1-2O gts in Sy. No. .lB, Ac.5_00 gts in Sy. No. 1/15, Ac.0_2Cr gts in Sy. No. 1140, Ac.5-00 gts in Sy. No. 1/1s, of pochampahad Virage and land admeasuring Ac' 2-10 gts in sv. No. 159/26 of vempary Virage, Hajipur Mandar, [Vrancheriar District and taking signatures on the Brank Agreement high handedry without there being any Notification issued under Section l1 of the Land ,Acquisition Act 2013, as contemprated under the provisions of Right to [:air compensation and Transparency in Land Acquisition. Rehabiritation and Resettrement Act, 2013 and consequently direct the respondents not to compel the petitioners to si gn on the blank agreement wrthout there being any preliminary notification as under Section 1 'l of the Land Acquisition Act 2013 as the same is illegal, and viorative of Articre 19. 21 and 300-4 of constitution o1, rndia and co the provisions of Land Acquisition Act 2013 not to interfere with the possession over the subject property. ntrary to a rb itrary peaceful required l.A.NO:1 oF 2025 Petition Under Section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court paV be pleased to direct the respondents not to dispossess the petitioners from their rand admeasuring Ac. 0-20 gts in Sy. No. j/39, Ac. 1-2O gts in Sy,. No. .18, Ac.5-00 gts in Sy. No. 1115. Ac. rl_20 gts in Sy. No. 1140, Ac.5_OO gts in Sy. No. 1/15, of Pochampahad vi'age and rand admeasuring Ac. 2-10 gts in Sy. No. 15g126 0t Vempally Village, Hajipur Mandal, Mancherial District, pending disposal of the main writ petition. Counsel for the petitioners : SRt B.SHIVA KUMAR Counset for the Respondents : AGp FOR LAND ACOUIS|TION (REVENUE) The Court at the stage of admission made the following ORDER 1' THE TIONOURABLE SRI JUSTICE J'SREENIVAS RAO WRIT PETITTON No.6723 oF 2025 ORDER: This writ petition is filed seeking the following relief: " . . to issue a llrit Order or direction more parlicularly one in the nature of Writ of Mandamus decla'ing the action.of lhe respondents in forcefully tying to erict ii'-i"iii'"*^"t'om land adnteasuring Ac 0-20 grs in Sv- No- t/3g, Ac' l-zu sts'-i'" 'ii ut"n' Ac 5'00 grs'tn Sv- No l/15' Ac' ';:;; ;r; ,;:{;-i". tuoi))'iol srs in sv No t./t5' oJ Pochampahad 159/26 ol Vempalll' Village and U'a oa*"o"'ing e' ilO gs'in Sy Village, Hajipur Uo'aot""Uo""i"''iat oiitrict aid taking signatures on the being anv Notifcation issued Blank Agreement ntgn n*iiiii';iiiou' 'n"'" i'quui'n' Act 20li'-'ts (ontemplated under under Section t I of the iii in Lrtnd the provisions d n'so' 'i"i'" Vo'-pnn'u'io" .and ^Transparency Acquisition. Annotftitotil' ina n"iut't"'t Act' 2013 and consequently the petitioners l.<t siln on the hlunk Jirtt t the resllondenls no't to 'o^p"l as requireJ o!r?(,nent *irnort rneri tiirl{ [, ,a;*;*ry ,notifit..ation 'qcr 2i0tJ us the sctnr is illtgul' urltr Scttion lt oI the tii''e'qi*i'i* arbitrary and violative i ii'"i""ii z' and 300-A d L-onsritution of India p'oi'i'io" n1 Land Acquisition Act"20l3 not to interfere nith the pea-cefutl possessior over the subject properry' t and Contrary 'o 'nn 'No"

2. Heard Sri B'Shiva Kumar' leamed counsel for the petitioners and leamed Assistant Govemment Pleader for Land Acquisition for respondent Nos.l to 4'

3. With the consent of leamed counsel for the parties' the writ petition is being disposed of at the stage of admission' Facts giving rise to Iiling of this writ petition briefly stated are that 4. the petitioners are the owners and possessors of the agricultural land to an extent of Ac.0-20 gis', Ac'1-20 gts ., Ac'0-20 gts'' Ac'5-00 gts'' and 2 Ac.0-10 gts., in Sy.Nos. l/39, t/18, l/40, 1/15 aod 15g/?-6,siruated at Pochampaha,J Village and Vempally Village, Hajipur Mandal, Mancherial t)istrcit (herein after referred to as ..subjec t property,,) and as per the finar pafta ceftificates issued by the then Tahsildar, their names were n*rtated in the revenue records and pattadar passbooks and title deeds w,ere issued in their favour. While things stood thus, respondent Nos.2 to 4 came to the subject property of the petitioners on 11'02'2025 and tried to dispossess the petitioners from the subject property' without issuing any notice and without following due procedure as contemprated under the provisions ot. tire Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act. 20 I.l (for short ,Act 30 of 2013,)tand the action of respondent Nos.2 to 4 is gross violation of provisions of the Act 30 of 2013 and' arso'irlarive of Articre 300-A of the constitr-rtion of India. 5. Leamed counsel fbr rhe petitioners submitted that if the subject property of the petitioners is required for public purpose, respondents ought to have follow the due procedure as contemplated under the provisions of the. Act 30 of 2013 and pay compensation to the petitioners' then onlv respondents arb entitred to dispossess the pr:titioner Y'i 3 fromthesubjectpropertyandontheotherhandrespondentsareinsisting the petitioners for executing agreements as per Rule 14 of the Rules framed under the Act 30 of 2013'

6. Per contra,learned Assistant Government Pleader submitted that as on today, respondent authorities have not issued any notification and if the subject property of the petitioners is required for pubtic purposel respondent authorities will follow the due procedure as contemplated under the provisions of the Act 30 of 2013' He further submitted that the petitioners have approached this Court and filed present writ petition with an apprehension and the same is liable to be dismissed on the ground of being Pre-mature. 7 . Having considered the rival submissions made by the respecttve parties and after perusal of the material avaitable on record' it reveals that petitioners are claiming right over the subject property' pursuant to the finat patta ceftificates issued by the then Tahsildar and their names were mutated in the revenue records and pattadar passbooks and title deeds were issued in their favour' I I I l t 4 8' Taking into consideration of the facts and circumstances of the case and submissions made by the respective parties, this Courl deems it appropriate tc' dispose of the writ petition, with a directio, to respondent Nos.2 to 4 not to dispossess the petitioners from the subject property without follora,ing due procedure as contemplated under lavr,. It is needless to observe that if the subject property of the petitioners is required for public purpose, respondent Nos.2 to 4 ought to have fbllow due procedure as contemplated under the Act 30 of 2013. i. With the above direction,, the Writ petition is disposed of. No 9 costs. Miscellaneous petitions, if any, pending in this; writ petition shall :end closed There shall be order as to costs //TRUE COPYII ASSI *^r??+,Mi* sEcTIoNNFIcER Acquisition) Revenue Department secretariat, I[:J;ff5:ffiff :":1Irlt"Tfl tne Dislrict Collector, Mancherial District. I ne Kevenue Divisional Officer,. Mancherial Mandal, IVtancherial District. The Tahsildar,_Hajipur Mandaf , frlrn.f,".iri O;;;;T,'', r wo cCs to Gp FoR LAND AcQut^Sirrorvintv"irvUE), ' \i 'Lvq,r\r, :,:lXIer:lg1n: ar Hyderabad. touri une cC to SRt B.SH|VA KUI\I|AR, nOrolrt" IOPUCI two CD Copies Hish Court for the To 1 2 2 4 5. o. 7. SA HIGH COURT DATED:0510312025 ORDER WP.No.6723 of 2025 C.C. TODAY 1 SE. STAIs q * 0 7 t'lAfl.2025 z o J' * DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. {^ W