Nimmaneni Shyamala v. The State of Telangana

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 pleased to issue an appropriate writ, order or direction more particularly one in the nature of Rature of writ of Mandamus declaring the action of the respondent no.2 to 6 trying to dispossess the petitioner from her commercial property i.e. two shutters vide bearing H.No.2-44t5,2-4416 along with open space an extent of 253 Sq yards and 1'11.22 Sq yards respectively in Sy.No.41, situated at Thippapur village of Vemulawada Mandal, Rajanna siricilla District without following due process of law and without paying the compensation under the land acquisition, even the petitioner name not in the land acquisition notification, vide Proceedings 7 no. G118412022, dl 05.11.2024 for the purpose of lan,l acquisition for the construction of Hi L.evel Bridge on Moolavagu, situated ltetween Vemulawada town and Thippapur village and the petitioner property not notified and not acquired and not paid any compensation to the petitioner, without following due process of law the respondent authorkies dispossessing the petitioner from her respective property as illegal. arbitrary and against the principles of natural justice and violation of Article 14. 21 and 300-4 of the Constitution r>l lndia. lA 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 may be pleased to direct the respondents not to dispossess the petitioner from her properties i.e. two shutters vide bearing H.No.2-4415, 2-4416 along with open space an extent of 253 Sq yards and 111 2ll Sq yards respectively in Sy.No.41, s;ituated at Thippapur village of Vemulawa,la Mandal Rajanna Siricilla District without folldwing due process of law pending disposal of the above writ petition. Counsel for the Petitioner : SRI MOGILI ANAVENI Counsel for the Respondents No.1to4 : GP FOR LAND ACQUISITION Counsel for the Respondents No.5&6 : GP FOR ROADS & BUILDINGS The Court made the following: ORDER ;7 HONOURABLE SRI WSTICE N.V.SHRAVAI{ KUMAR \trrit Petition No.7904 of2025 ORDER: This writ petition is {iled to declare the action of . respondent Nos.2 to 6 in trying to dispossess the petitioner from her commercial propertlr i.e., two shutters uide H.No.2-44/5, 2- 44/6 along with open space an extent of 253 sq.yds., and I 11.22 sq.yds., respectively in Sy.No.41 at Thippapur Village, Vemulawada Mandal, Rajanna Sircilla District (subject propert5r) without following due process of law and without palng the compensation under the land acquisition uide Proc.No.Gl/84 12022 dated 05.1 t.2O24 for the purpose of construction of Hi-Level Bridge Moolavagu, between Vemulawada town artd Thippapur Village as illega-l and arbitrary.

2. The facts of the case in brief are that petitioner claims to be owner and possessor of the subject property purchased utde registered sale deed Doc.No.lO3/1998 and thereafter, released deed was also executed in favour of the said lands uide Registered Release Deed No.524/2OOO. ft is further submitted issued notification in respondent No.3 Proc.No.Gl/84/2022 dated 05.11.2O24 for the purpose of land 2 acquisition for the construction of Hi-Level Bridge on Moolavagu, betrveen Vemulawada town and Thippapur Village arld includr:cl the petitioner's property in the :;aid notification without an-\' notice and without fottowing du. p,o.."s of law. In, that regard petitioner has made representation.; to respondent authorities on O4.03.2025 and, 07.O3.2025.

3. Lea rned Government Pleader for Land Acquisition has placed a copl' of instructions issued by Revt:nue Divisional Officer, Vernulawada stating that an award enquiry . was conducted zLnd a General Notice under Section 21(1) of the RFCTLARR ,,\ct, 2013 was issued on 31.01.2025 and published in village a1 conspicuous places and also individua-l notices under Section 21$l of the said Act have also been issued on all interested parties informing conduct of award enquiry on O9.O2.2O25. The said award enquiry was crnducted and concluded in the village. It is further submitted that petitioners have frled representations which was forwarded to Tahsildar, Vemulawada and to Municipal Commissioner, Vernulawada for necessar-y a,ttion. In reply, the Tahsildar srrbmitted that petitioner's land was not coming under aligrrment ald the said claim was d;sposed of by Offrce Memo No.B/09/2O22 dated

15.03.2024 and at present the said claim was under Award 3 - stage. Leamed Government pleader would however submit that if the petitioner's land is coming under land acquisition, they would follow due process of law before initiating proceedings.

4. Recording the submissions of learned counsel on either, this writ petition is disposed of and the respondent authorities are directed to follow due process of law before initiating any acquisition on the subject property.

5. With the consent of learned counsel on either side, this Writ Petition is disposed of. There sha.ll be no order as to costs. As sequel to it, Miscellaneous petitions, if arry pending, shall stand dismissed. //TRUE COPY// SD/-T. JAYASREE PUTY REGISTRAR SECTION OFFICER To,

1. The Principal secretary, Revenue (Land 4cquisition) Department, secretariat building, State of Telangana, Hyderabad T.S. 2. The District Collector, Raianna Siricilla District. 3. The Revenue Divisional officer, cum Land Acquisition officer, Vemulawada, Rajanna Siricilla District. E

4. The Tahsildar, Vemulawada Mandal, Rajanna Siriciller District. 5. The Executrve Engineer, Roads and Buildings Dep;artment Rajanna Siricilla District.

6. The Assistant Engineer, Roads and Buildings Department, Vemulawada, Rajanna Siricilla District

7. One CC to SRI MOGILI ANAVENI, Advocate. [OPUC 8. Two CCs tc GP FOR LAND ACQUISITION, High Court for the State of Telangana. [3UT] 9 Two CCs to GP FOR ROADS & BUILDINGS, High Court for the State of Telangana. IOUT]

10.Two CD Copres. BSK BSv HIGH COURT \ \ DATED:1710312025 1$ E STAT€ eo( t J ,ti APR zffi o t -sPAIr,$ I ORDER WP.No.7904 of 2025 DISPOSTNG OF THE WRIT PETITION WITHOUT COSTS $rt .of4 &*w