High Court · 2025

Petition under Article 226 of the Consiitution 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 Writ of Mandamus 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 and threatening to dispossess the Petitioner from the land in Sy. No. 618, Sudimalla Village, Yellandu tr/andal, Bhadradri Kothagudem District to an extent of Ac. 4-38 Gts, belonging to the petitioner, without following due process of law or without acquiring the land of the Petitioner and withou!. pafing any compensation in terms of Act 30 of 2013, The Right to Fair cofriliensation and Transparency in Land Acquisition, Rehabilitation and Reset ement Act, is illegal, arbitrary and violative of Article 14, 21 , 30O-A of Constitution of lndia, besides violative of principles of Natural Justice and consequenfly direct the Respondent No. 3 not to dispossess the Petitioner from the land in Sy.No.618, Sudimalla Village, Yellandu Mandal, Bhadradri Kothagudem District to an extent of Ac. 4-38. Gts, belonging to the Petitioner without following due process of law or without initiating Land Acquisition proceedings lA NO: 1 OF 2025 Petition under Section 15'1 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' Sudimalla Village, Yellandu trrlandal, Bhadradri Kothagudem District to an extent of Ac. 4-38. Gts, belonging to the Petitioner without following due process of law or without inltiating Land Acquisition proceedings pending disposal of the Writ Petition Counsel for the Petitioner: SRl. PARSA ANANTH NAGESWAR RAO Counsel forthe Respondents: GP FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTIcECV.BHASKAR REDDY UIRIT PETITION No.6936 of2o25 ORDER: Sri Parsa Ananth Nageswar Rao, learned counsel for the petitioner fairly submits that the controversy involved in this writ petition is squarely covered by an order dated 04.03.2025 passed by this Court in W.P.No.6304 of 2025.

2. Learned Government Pleader for Revenue for respondent Nos.1 to 3 has not disputed the said fact.

3. The operative portion of the order dated O4.03.2025 passed in W.P.No.6304 of 2025 reads as under: "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 Sv.No.618 and its sub-division nurnbers of Sudimalla Village u,hereas the learned Assistant Governmerlt Pleader for Revenue relying upon the instructions has sllbmitted that the proposed construction of the said School building is in Sy. No.549 of Rompaid village, this Court is of the opinion that the ends of justice woulcl be met if the Inspector of Suruev at R.D.O. Officer is clirected to conduct survey for hxation of the boundaries and localisation of the lands in both the sur-vey numbers after issuing notice the neighbouring pattadars of both the surve), numbers and after conducting suruey if the land is identified in S-y.No.618 as claimed by the petitioner, the respondents are directed to follow the procedure t t 2 CVBR, J W.P.No.6936 of 2025 prescribecJ as contcl'nlllated uuder ltR Act, 2013 aod also the guidelincs issued in Mekq.lq. Pqndu's casel. If the lands arc not forming pa|r of Sy.No.ar18, the respondent autltorities are at lilrerty to pr-ocecd irrrh thc construction oI the school builcling sLrict]\, ir accorclarrce u,ith lau.'l'he above exercisc shall be cornplcled rvrthin a pcnorl oI lour (O4) r,eeks from thc date of r-eceipt of a copy of this order. Till such time, the resporldent authorities are directe(l not to take any cocrcive steps over the subject land.

6. With thc above observations, this Writ Pctrtion is disposed of. There shall be no orcler as Lo costs."

3. In view of aforesaid submissions and for the reasons assigned by this Court in the order dated 04.O3.2025 passed in Writ Petition No.6304 of 2025, this Writ Petition is disposed of on same terms and with similar directions. Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs. I To, ,TRUE COPY// SD/. T TIRUMALA DEVI ASSI TANT REGISTRAR // SECTION OFFICER I The Principal Secretary, Revenue Department' Secretariat Building' Hyderabad The District Collector, Bhadradri Kothagudem' Telangana' The Tahsildar (Rural), Yellandu lvlandal' Bhadradri Kothagudem District' One CC to SRl. PARSA ANANTH NAGESWAR RAO Advocate [OPUCI 2 a 4 t 200a (2) ALD .151 (i-AO r uur RDO, Chcvclla D1\,isron, Dornalaf3r(la, Hyderabad v_ Mekala pardu] to GP FoR REVENUE ,Hish court for the stare of retangana IJair?tt Two CD Copies 5 6 KKS GJP (Along with the copy of the order dat ed 04.03.2025 in Wp.no.6304 of 202 5) HIGH COURT DATED:0610312025 CC TODAY \ \ ORDER WP.No.6936 of 2025 i HE srA 16- 3ot J ') t) 11lIAflM t * a) * .ra;s) DISPOSING OF THE WRIT PETITION WITHOUT COSTS /2 4.s p,/3 ,/1 I I I 1 a HoN'BLE sRr JUsrIcE i.fr sHnsKAR REDDY WRIT PETITION No.53O4 of 2025 ORDER: It is stated that the petitioner is the pattadar and possessor of the land admeasuring Acs.6'O0 guntas in Sy.No.618/8/3, situated at Sudima-lla Village, Yellandu Mandal, Bhadradri-Kothagudem District and she was also issued pattadar pass book bearing No.03863 uide Patta No.1O50 under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 197 1 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, 2O 13 (for short "the RR Act, 2013"\, are making efforts to dispossess her from the subject land.

2. Considered the submissions of the learned counsel'for the respective parties and w'ith their consent this writ petition is being disposed ofat the admission stage- ;i1 fus, il: 2 CVBR. J Wp 630'1-2025 Learned counsel for the petitioner relying upon the A-1 3. nottce uide pr'rceedings Rc No'B/ 148812024' d'aLr:d' 07 '12'2024 has vehementlt' contended that initially the respondent authorities have identihed the land admeasurtng Acs.20.00 guntas in Sy.No.618 claiming that the same is a Government Iandanddrrectedthepetitionertosubmitherexplanationtothe said notice. Le:rrned counsel further contended that even if the land is Governmenl Iand and since the petitioner is in possession of the sarne and pattadar passbook has been issued inherfar,orLr.shehastotreatasrightfulownerforpal'mentof compensation ltnder the provisions of the RR Act' 2013 as per the grridelrnes issued by this Court in LAO'cum-RDO' Cheoella Diaision, Domalaguda, Hgd'erabad a' Mekala Pandul '

4. Sri L Ravinder, learned Assistant Government Pleader for Revenue apllearing for the respondents has submitted that initially' the (lovernment land situated in Sy No 618' situated at Sudimalla Village, rvas identilied for construction of Integrated Residential School Complex for SC' ST' BC and Minorities and now the land in Sy No'549 of Rompaid Village is identified for the construr:tion of the said school' Therefore' the land claimed ' 2oo4(2) ALD 4s1 3 C\TR, J Wp_6304_2025 ,a 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 Village 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 opinion that the ends of justice would be met if the Inspector of Survey at R.D.O. Ofhcer is directed to conduct survey for Itxation of the boundaries and 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 identified in Sy.No.618 as claimecl by the petitioner, the respondents are directed to follow the procedure prescribed as contemplated under RR Act, 2O13 and also the guidelines issued in Mekala Pandu's cq.se. 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 4 CVBR, J Wp,6304 2025 |' completed within a period of four (04) weeks from the date of receipt of a copy of thls order. Till such time, the respondent authorities are directed not to take any coercive steps over the subject land.

6. With the above obserwations, this Writ Petition is disposed of. There shall be no order as to costs.

7. As a sequel, the miscelianeous petitions pending, if any, shall stand closed.

04.o3.2025 Note: Issue C.C. tomorrow. Blo JUSTICE C.V.BHASXAR REDDY I