'I . Rayapuram' Hanmanth v. 1. The State of Telangana

Petition Under Article 226 of the Constitution 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 MANDAIVIUS to declare the action of the Respondents in proposing to construct a hospital in the land assigned to the Petitioners in Sy.No.131 to an extent of Ac.00.07 gts., gituated at Haripirala Village, Thoroor Mandal, Mahabubabad District is ilegar, arbitrary and nufl and void and consequenfly direct the Respondents not to proceed with any construction in the rand assigned to the Petitioners l.A.NO:1 OF 2021 'Petition Under Section I 51 cpc praying that in the circumsta nces stated in the affidavit filed in support of the petition, the High court may be preased to direct the Respondents not to proceed with construction of a hospitar in the rand of the Petitioners in [iy.No.i3'r to an extent of Ac.00.07 gts., situated at Haripirara Village, Thoroor Mandal, fulahabubabad District, pending finalization of the writ petition by dispossessing the petitioners. Counsel for the Petitioners : SRI J.KANAKAIAH Counsel for the Respondent Nos.1 to 4 : AGp FOR REVENUE Counsel for the Respondent No.s : SRI G.NARENDER REDDY 't The Court made the tbllowing ORDER 1 SK, J THE IION'BLE SRT JUSTICE K.SARATH WRIT PETITION No.8821 OF 2O2L ORDER:

1. This Writ Petition is filed questioning the action of the respondents in proposing to construct a hospital in the land of the petitioners admeasuring to an extent of Ac.O.07 guntas, in Sy.No.131, situated at Haripirala Village, Thorrur Mandal of Mahabubabad District and sought a direction to the respondents not to proceed with any construction activity in the land of the l, petitioners.

2. Heard the learned Counsel for the petitioners and the learned Assistant Government Pleader for Revenue and the learned Standing Counsel for Gram Panchayats appearing for the respondents and perused the record.

3. The learned Counsel for the petitioners would submit that one Pulichedu Bujjamma D/o. Mysaiah was assigned land admeasuring to extent of 2 SK, J Ac.O.O7 guntas in Thorrur Manda_l, Sy.No. 131 of Haripirala Village of Mahabubabad District (hereinafter referred to .subject larrdJ vide patta No.212g/Igg4 dated 23.09.1994. Thereafter the said BujJamma married to the petitioner No. 1 arrd they u,ere blessed with petitioner Nos.2 to 4. The petitioners constrtrcted a hut and a shed in the land assigned to them. The respondents proposed to construct a Government Hospitat in the land of the petitioners without follorrring due procedur.e. On coming to know of the same, the petitioners approached the respondents and requested them not to permit any construction in the land of the petitioners, but the respondnets .are determined to construct the hospital in the land of the petitioners. If the respondents succeed in their efforts to constnrct the hospital in the tand of the petitioners, which u,as assigned to them thirty years back, the petitioners will be put to hardship and they wil remain shelter ress and sought a direction to the respondents not to t SK, J proceed with the construction of the hospital in the land of the petitioners and requested to allow the writ petition.

4. The learned Assistant Government Pleader for Revenue basing on the counter filed by the respondent No.4 would submit that though Late Pulichedu Bujjamma, wife of the petitioner No.1, was assigned the subject land through Patta Certificate No.2l28/1994 dated 23.09.1994, no Panchanarna was prepared by the then Tahsildar with regard to delivery of the subject land. The tota-l extent of land in Sy.No.131 as per Khasara Pa-hanai is Ac.30.30 guntas, out of which an extent of Ac.8.32 guntas was already assigned to poor persons and the remaining land to an extent of Ac.21,38 guntas, which is a roclqr area. Out of the balance extent of Ac.21.38 guntas, an extent of Ac.0.O7 guntas was allotted for construction of a hospital. The writ petitioners are not in physicat 4 Sh, J possession of any part of the land in Sy.No.131. Ttre assignee, who :Ls the wife of the petitioner No. 1, died long. ago and till date no mutation was granted rn favour of the wife of the petitioner No.1 in the revenue record. Neithr:r the name of the assignee nor th.e family members of the assignee were recorded in th.e revenue record:;. On 17.IO.2O2O a Panchanama wa-s conducted ald handed over possession of the subject land to the concerned department. As the subject land has been kept fa,llow since many years ald a,s Haripirala Village is far from nearby Medical facilities, the respondents have proposed to construct the Health Center in the subject land and there are no merits and requested to dismiss the writ petition

5. The lbarned Standing Counsel for Grarn Panchayath, biasing on the counter hled by the respondent No.ll, would submit that the subject land was assigned to one Late Bujj amma for cultivation and 5 SK, J as a matter of fact the entire land in Sy.No. 131, where the Primary Health Sub-Center is being constructed, is a hillock area and not feasible for cultivation. The Government has already taken a policy for establishment of a minimum health sub-centers for every cluster village and identified the subject land, which is a Government land, for construction of one such Health Center. The construction of health sub-center has been almost completed except hnishing work and in order to stall the constryction the petitioners frled the instalt writ petition and there are no merits and requested to dismiss the writ petition.

6. After hearing both sides and on pemsing tJre record, this Court is of the considered view that the respondent-authorities have assigned land admeasuring to an extent of Ac.0.O7 guntas 1n Sy.No.131, situated at Haripirala Village of Thorrur Mandal of Mahabubabad District through Patta 6 SK, J certifrcate No.2l28/1994, dated 23.Og.Lgg4 in favour of the wife of the petitioner No. 1 and mother of petitioner Nos.2 to 4. While it being s(), the respondenl.-authorities have taken over possession of the land assigned to the wife of the petitioner No. 1 for the purpose construction of Government Hospital (Health sub-centre) without following aly procr:ss of law, in view of the same the petitioners file<l..the instant writ petition.

7. The respondent_authorities in their counter are not disputing the assignment of subject land in fervour of wife of the petitioner No. 1 through patta certilicate No.2128/19,94 dated 23.Og.1994, but stating that the no panchanama was conducted delivering possession of the subject land and the name of the wife of the 1"t petitioner was also not recorded in the Revenue records and in view of the same the subject land was allotted for construction of Health Centre. Once, the respondent_authorities have admitted in their counter 7 sI(, J that patta certificate was granted in favour of the wife of the petitioner No. 1 in respect of the subject land and the Revenue authorities have to mutate the records, but the sarne was not fault on the part of the asslgnee.

8. The respondents without cancelling the patta certihcate granted in favour of wife of the petitioner No.1 and without issuing arly resumption proceedings have taken over the possession of the subject land ald allotted the same for construction of Hed]th Center stating that out of total extent of Ac.30.03 guntas in Sy.No.131 of Haripirala Vill of Thorrur Mandal to an extent of Ac.08.32 gun was already assigned to poor persons and the remaining land is totally covered with rock area. Once the respondents admitted in their counter that the land which was allotted to the poor persons, including the wife of the petitioner No. 1, is not roclqr area, now respondents without following - 8 SK, J any procedure and without initiating land acquisition proceedings cannot take over the subject 1and. The patta certificate granted in favour of the wife of the petitioner No.l is not calcelled by the competent authority and the respondents cannot construct the Health Center in the land assigned to the wife of the petitioner No. 1. g. As per the counter filed by the respondent Nd.5, which was frled in the year 2021 , stated that the construction of Health Center has beerl alnost completed. Xn view of the sarne, the respondent- authorities have to follow the procedure as contemplatecl under the Land Acquisition Act and pay compensation to the petitioners for the acquired land or allot a,lternative lald. 10 In view of the above hnding, this writ petition is disposed of rlirecting the respondents to initiate Land Acquisition ['roceedings in respect of the acquired land 9 SK, J of the petitioners admeasuring to an extent of Ac.O.O7 guntas in Sy.No.131, situated at Haripirala Village of Thorrur Mandal, as contemplated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and Raq compensation to the petitioners or allot alternative land within four (4) months from the date of receipt of copy of this order. No order as to costs. 11. Miscellaneous petitions, if any pending in this writ petition, shall stand closed. No order as to costs. '|l , , //TRUE COPYII SD/.A.V.S.PRASAD ,/ ASSISTANT REGISTRAR / S TION OFFICER To .) 3 4

5. 1 . The Principal Secretarv. Revenue Department, Secretariat, State of Telangana at Hyderabad. . The District Collector, Mah-abubabad District at Mahabubabad. I[:r[i*rr" Divisionat onicer, neuenrl' iii*,r",'fi".or, r\zlahabubabad . The Tahsildar, Mandal Revenue Office, Thoroor Mandal, IVlahabubabad District. J,}:rrJ;jffi f ,",?,L* Iff":"n::3",FoR REVENUE, Hish court ror the stare or rerangana at 9n" 99 to SRt J.KANAKA|AH, Advocate ropl rcl one cc to SRtG NARErrroen nEobi,;i;;# (opuc) Two CD Copies $ , , ,vr vvr rvrdr ru r, G ra ma pa nchaya t Ha ripi ra Ia, rho roor (M), o.

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