1. Pofte Sambaiah v. against the principles of natural justice and violation of Articles

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 restrain the Respondents from taking possession of lands in Sy.Nq. 31/AA/A, 31/AA/8, 3ltAAlc and 31/AA/D measuring extent Ac. 2.40 cents each and land in sy.No. 43/AA measuring extent Ac. 3.45 cents situated in Bombaiguda vilalge of Penchikalpet Manclal, Kumram Bheem Asifabad District till disposal of writ Petition pending disposal of the above writ petition. Counsel for the Petitioners: SRI BHANU MURTHY BALA Counsel for the Respondents No.1 & 2: GP FOR ROADS & BIJTILDINGS Counsel for the Respondents No.3 & 4: GP FOR LAND ACQUISITION GP FOR REVENUE The Court made the following: ORDER , l HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No. 13150 of2Ol7 ORDER: This writ petition is filed seeking the following prayer:- "declartng the action of respond.ents in commencing road, widening work by interfering with subject land.s of Petitioners situated in Sa.No.31/ AA/ A, 3l / AA/ B, 31/AA/C and 31/AA/D measuing an ertent of Ac.2-40 cents each and land in Sy.No.43/AA measuing extent Ac.3-45 cents situated in Bombaiguda Village, Penchikalpet Mandal, Kumram Bheem Asifabad Distict uthich leads to Khagaz nagar to Penchikatpet Mand.al without initiating land acquisition proceedings for road uidening purpose as illegal arbitrary and against the principles of natural justice and uiolation of Artictes 14, 21 and 300 A of Indian Constitution consequentlg direct the Respondents more particularlg 2nd Respondent not to interfere into aboue subject lands of Petitioners u-tithout adopting due process of lau under the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013"

2. Today when the matter has been taken up for hearing, learned counsel for the petitioners submits that this Court uide order dated 13.04.2017, passed the following interim order:- \ "Therefore, there shall be status quo with regard to possession of the petitioners ouer their piuate land-s admeasuing Ac.2-4O cents each and Ac.3-45 cents in Sy..n[os. 31/AA/A, 31/AA/8, 31/AA/C and 31/AA/D measuing an extent of Ac.2-4O cents each and land. in Sy.No.43/ AA measuring extent Ac.3-45 cents situated. in Bombaiguda Village, Penchikalpet Mandal, Kumram Bheem Asifubad Distict. Hotoeuer, this otder does not _r, preclude the respondents from proceeding in accordance tuith laut. "

3. A counter affidavit has been filed by respondent No.2 wherein it is stated that Department is following procedure as stipulated under the law and work is being taken up within the available (R&B) land only without taking any private larrds. Hence, the rluestion of land acquisition does not arise and in future if an1, private land is required, the Department concerned shall follow the procedure contemplated under law

4. Recording the above submission and without expressing any opinion on the merits of the case, this writ petition is disposed of directing the respondent authorities to follow due process as contemplated under law before initiating action on the subject properry.

5. With the above directions, this writ petition is disposed of. Miscell;ureous applications, if any pending, shall stand closed. No order as to costs. ,TRUE COPY' Sd/.MOHD. ISMAIL DE:PUTY REGISTRAR SECTION OFFICER I I \ The Princioal Secretary, Roads and Su,"1d/ngs Department, State of Telangana, Telangana Secretariat, Siafabad, Hlderabad The Executive Engineer, Roads and Buildings Department, Kumram Bheem Asifabad Districct, Asifabad-504293, (old Adilabad District). To, 1 2

3. The Districl Collector, Asifabad, Kumram Bheem Asifabad District-504293, (Old Adilabad District).

4. The Revenue Divisional Officer Cum Land Acquisition Officer, Kaqhaz Nagar Post and N,1andal, Kumram Bheem Asifabad District-504296. (Old Adilabad District). I I

5. One CC to SRI BHANU MURTHY BALA, Advocate [OPUC] 6. Two CCs to GP for Roads & Buildings, High Court for the State of Telangana at Hyderabad. [OUT]

7. Two CCs to GP for Land Acquisition, High Court for the State of Telangana at Hyderabad. [OUT]

8. Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT]

9. Two CD Copies " \q- I I \ HIGH COURT NVSK,J DATED:2610312025 ( /, '-) 1dE S14 r4: (( 12 JUII 2tr6 ORDER WP.No.13150 of 2017 DISPOSING OF THE WRIT PETITION WITHOUT COSTS $ .od"b S't'