✦ High Court of India · 10 Mar 2025

High Court · 2025

Case Details High Court of India · 10 Mar 2025

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENW FIVE PRESENT THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR wRlT PETITION NO: 7330 OF 2025 Between: 'l . Telang Baby Bai, W/o Telang Dattu, Aged about 57 Years, Occ. Household, F/o H.No.4-9-287, Rickshaw Colony, Adilabad, Adilabad District.

2. Bolshefty Rathnamala, W/o Bolshefty Vaman Rao, Aged about 50 Years, Occ. Household, R/o H.No- 9-89/1, Teachers Colony, Adilabad, Adilabad District,

3. Korati Prabhakar. S/oGanganna, Aged about 38 Years, Occ. Agriculturist, Ryo H.No. 2-1 4212. Village. Battisawargaon, Mavala Mandal, Adilabad District. .....PETITIONERS AND '1. The State of Telangana, rep.by its Principal Secretary, Land Acquisition Department, Secretariat, Hyderabad.

2. The District Collector Adilabad, Adilabad District. 3. The Revenue Drvision Officer, Adilabad, Adilabad District. 4. The Tahsildar, I\,4avala Mandal, Adilabad District. .....RESPONDENTS Petition Under Adicle 226 of the Constitution of lMia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the action of the respondents in acquiring our land in respective Door No. 2-25613812 to an extent of 1 1 1 .1 1 Sq.yards, Door No. 2-238112 to an extent of 233.33 Sq.Yards, and Door No. 2- 253/9 to an extent of 166.66 Sq.Yards, Situated at Battisawargaon Village, Mavala tVandal, Adilabad District, without initiating any land acquisition proceedings and without paying the compensation, under the provisions of the / Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitatlon and Resettlement Act, 2013, as being illegal, arbitrary, u nconstitutional and violative of Article 21 and 300-A of the Constitution of lndia |.A.NO:1 OF 2025 Petition Under Section 151 CPC praying that in the (;ircumstances stated in the affidavit filed in support of the petition, the High Co:rt may be pleased to direct the respondent authorities not to dispossess or in any manner interfere with the peaceful possession and enjoyment of the petitioners in respect of the lands in respective Door No. 2-256138.2 to an extent of 111.11 Sq.yards, Door No. 2- 238112 lo an extent of 233.33 Sq.Yards, and Door No. 1i-253l9 to an extent of 166.66 Sq.Yarcls, Situated at Battisawargaon Village, [Vtzrvala Mandal, Adilabad District, pending disposal of the main writ petition. Counsel for the Petitioners : SRI GAJANAND CHAKRAVARTHI Counsel for the Respondents : GP FOR LAND ACQUISITION The Court at the stage of admission made the following ORDER ( t I I I i i ; i I i ! i HONOURABLE SRIIUSTICE N.V.SHRAVAN KUMAR - WRIT PETITION No.7330 of 2025 t' ORDER: Heard learned counsel for the petitioners and learned Government Pleader for Land Acquisition appearing for respondents. With their consent, the writ petition is being taken up for disposal at the admission stage itself. 2 This writ petition has been filed seeking the following relief:_ "to declare tlrc actiott of the resyrondents in acquiin{ our land in respettirc Door No.2 256/3Bp to an extent oy ltl.lt Sq yards, Door No.2-238/12 to nn extent of 2j3.33 Sq yards and. Door No.2-253/9 to an extent ol 166.66 Sq yards, Sih.uted at BatttsaTLtnrgnon Village, Mattnla Mandol, Adilabad District, zuithout inititrling any lmd ocquisition proceedings anil toi.thout ptying tlrc contpensation under the prooisioni of the Right to Lnir Conpensntion nnd Transparency in knil Acquisitiorr RelurbiLitntion nnd ResettLement Act, 2013, as illegd, nrbitrnll, trtrcortstittt tional and ztiolatioe of Article 27 rud 300-A of the Const ution of lndia .,, _

3. Brief facts in this n,rit petition are that petitioners claims to be the absolute owners ancl posse5\()r\ t,t rqslrr.ctive Door No.2-256/3g/2 to an extent of 111.11 S,r1 r'aruls, Door No.2-2311/12 to an extent of 233.33 Sq yards and Door No.2-253,r9 to an cxtent of 166.66 Sq yards, Situated at Battisawargaon Villagc, Maval.r IvIar-rdal, Adilabad District, having acquired the same in the _r,ear 2023, ttrrough rcgistered sale deeds. While things stoocl thus, on 03.03.2025, respondent authorities informed the petitioners that thev are prL,FL)sing to acquire the subject lands and ) informed thc pctitioncrs to h.rnclor.cr tltc subject lands within a week. Aggrieved by the samc, petitioncrs liavc [iled the writ petition ) 2

4. Learned counsel for the Petitioners submits that tl-re respondent authorities without issuing any notice and without foll'lwing due process of law are trying to dispossess the petitioners from the subiect land and pray this Court to direct the respondent authorities not to interfere with the petitioners peaceful possession over the subject property, without following due procedure as contemplated under law

5. Learned Government Pleader appearing for rcspondents submits that at present he has no instructions whethcr the subject land would be acquired or not and would fairly submits that the resPondcnt authorities will follow due process of law before initiating ;tctrtrtt on the subiect property.

6. Recording the above submissions and rvithotrt expressing any opinion on the merits of the case this writ pctition ts (lisPoscd of tlirecting the respondent authorities to follow duc proccss as cLrntetnplatecl under law before initiating action on the subiect Propert\'. T Accordingly, this writ petition is clisprosctl ot Miscellaneous applications, if any pending, shall stand closccl. No ortler .rs t() costs. //TRUE COPY// i )j, SD/. L. LAKSHMI BABU EPUTY REGISTRAR i SECTION OFFICE ecretariat, State of Y To 2 3 The Principal Secretary, Land Acquisition Depart Telangana at Hyderabad. The District Collector Adilabad, Adilabad District. The Revenrre Division Officer, Adilabad, Adilabad Dist-ict ,S 4

4. The Tahsildar, Mavala Mandal, Adilabad District. 5. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at 6. One CC to SRI GAJANAND CHAKRAVARTHT, Advocate tOpUCl 7. Two CD Copies Hyderabad. [OUT] SA GJP l l i I i I I { i I , ( { 'i i'. r: -IS q o d.;, 2iil t 03 .^' u I DF. ,'.T ct{r'O HIGH COURT DATED:1010312025 ORDER WP.No.7330 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. a ')

This is the original judgment text as indexed from the source corpus. Always verify against the official court record before relying on it in a filing — you can do so on eCourts or the Supreme Court of India website. ← Search more judgments