Thota Narsingha Rao v. Transparency in Land Acquisition

Petition Counsel for the Petitioner: SRI' PARSA ANANTH NAGESWAR RAO Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER THE HON'B LE SRI .'USTICE.E:V.BHASKAR REDDY UIRIT PETITION No.6914 of 2O25 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.O3.2025 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 2O25 reads as under: \ "5. In viet, 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 r.rumbers of Sudimalla Village whereas the learned Assistant Government Pleade r for Revenue relying upon the instructions has submitted that thc proposed constrlrction of the said School building is in Sy No.549 of Rompard village, tl.tis Court is of the opinion that the ends of justice would be met if the lnspector of Survey at R.D O. Officet-is direc.ted to conduct survey tbr tlxation 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 claimed by the petitioner, the respondents are directed to follorv the procedure I t 2 CVBR, J W.P.No.6914 of 2025 prescrrlrt'd i1s contemplatetl rrntler RR Act, 2013 arrd alsc thc guiclclines issued in Mekola Pqndu's caser. If thc lands rr:e not fcrrmir.tg part of S1'.No.618, the respondent aLrthorities are al lib'rrq' to procecd rrith the constructioD of the school buikling stri(rtl-)' in accordance r\,ith lau'.'fhe above exercise shall bc conlplctccl u':Lhin a pcr-iod of Ibur (O4) rveeks lrom t]re date of receipt ol- a cop]' of this order. Tril srtch timc, the respondent authorities are clirected not Lo t:rke any cocrcive s1.eps over the sultject land.

6. Witir thc trbove obsetwations, this Writ Petition is clisposed of' There shall bc nc, c,rdct-as to cosLs."

3. Itr view of aforesaid submissions and for the reasons assigned by tl-ris Court in Lhe order dated O4.03.2025 passed in Writ Petition No.6ilo4 of 2025, this Writ Petition is disposed of on same terms and uri1.h similar directions. Miscellaneous applications, if any pending, shall stand closed' There sha1l br: no order as Lo costs. //TRUE COPY// SD/- T. TIRUMALA DEVI ASSI qTANT REGISTRAR T \\--, Srcrroru oFFrcER ---- The Principal Secretary, Revenue Department, Secretarrat Building, Hyderabad. The District Collector, Bhadrari Kothagudem, Telangana. The Tahsildar (Rural), Yellandu Mandal, Bhadradri Kothagudem District. One CC to SRl. PARSA ANANTH NAGESWAR RAO Advocate [OPUC] Two CCs to GP FOR REVENUE ,High Court for the State of J'elangana. louTl Two CD Copies with the co (A-' py of the order dated 04.03.2025 in WP.no.6304 ot 2025) To, 1 2 4 5 t) KKS GJP (4lo-ns i : HON'BLE SRI TIUSTICE C.V. BIIASKAR 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.O0 guntas in Sy.No.618/8/3, situated at Sudimalla Vi1lage, Yellandu Mandal, Bhadradri-Kothagudem District and she was also issued pattadar pass book bearing No.03863 uide Patta No.1050 under the provrsions 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, 2013"), are making efforts to dispossess her from the subject land.

2. Considered the submissions of the learned counsdi-ior the respective parties and with their consent this writ petition is being disposed of at the admission stage. 2 CVBR, J Wp_,130'l-2025 Learned counsel for the petitioner relyinfl upon I'he A 1 3. notice uide proceedings Rc No.B/ 1488 12024, dated 07 ) 2'2024 has vehemently contended that initially the authoritres have identtlied the land admeastrring guntas in Sy.No.618 claiming that the same is' a Goverrnment respondent Ac s.2O.00 land and clirected the petitioner to submlt her explanation to the said notice. Learned counsel further contended that even if the land is Government land and since the petrtrone;: is in possession cl the same and pattadar passbook has been issued in her favoltr. she has to treat as rightful owne: for pa1 ment of compensati,:n under the provisions of the RR .|ct. 20 1'3 as per the grrrdelirLes issued by this Court in LAO-cum-RDO, Cheuella Diuision, Domalaguda, Hgderabad v- Mekalq Pandu'" Sri L. Ravinder, learned Assistant Government Ple ader for 4 . Revenue aopearing for the respondents has submitl-ed that initially the Government land situated in Sy'No 618, situated at Suclimalla Vtllage, was identified for construction of In tegrated Residentiai School Complex for SC, ST, BC anC Minonties and now the land in Sy.No.549 of Rompaid Village is identihed for the construction of the said school. Therefore, the land claimed ' 2oo4(z) ALD 451 ., C\BR, J Wp_6304_2025 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.61g 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. Officer is directed to conduct survey lbr fixation 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.61g 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 pand.u,s case. If the lands are not forming part of Sy.No.618, the respondent authorities are at liberty to proceed with the constmction of the school building strictly in accordance with law. The above exercise shall be 4 C\'BR. J Wp,i30'l-2025 compleled v/ithin a period of four (O4) weeks fl.om the date of receipt of a copy of this order' Tili such time' the respondent authorities;edirectednottotakeanycoerciveStepsovelthe subject laniL 6 Wlth the above observations, this Writ Petition is clisposed of. There shall be no order as to costs 7 As a sequel, the miscellaneous petitions pending' if any' shal1 stand closed o+.o3.2025 Note: Issue C.C. tomorrow' Blo JUSTICE C.V.BHASKAR REDDY I , i i I I I i I I i I I I I I I I I I I I CC TODAY HIGH COURT DATED:0610312025 q f o d STAI'€ .c.o I q $Tr \\$s 1 i * )I ORDER WP.No.6914 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT GOSTS (p 1'oP"t