High Court · 2025

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 an appropriate writ, order or direction more particularly in the nature of writ of mandamus, declaring the action of the respondents in not determining the market value of petitioner land in Sy.No. 27112, to an extent of Ac.1-02 Gts situated at Atmakur Village and Mandal as per the order and Decree passed in OP No. 7120'11 and batch dated- 13-04-2017 and subsequently applications made by the petitioner on 11-07-2017 Under Section 28-A of Land Acquisition Act, consequently to direct the respondents to pay the market value, with all the statutory benefits, in accordance with the market value fixed by Hon'ble Senior Civil Judge, Gadwal in OP No. 7 of 2011 and batch dated- 13-04- 2017 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 to consider the application dated- 11-07-2017 made by the petitioner Under Section 28-A ot Land Acquisition Agt on the basis of the Order and Decree passed in OP No. 712011 and batch dated- 13-04-2017 ly lhe Learned Senior Civil Judge, Gadwal, pending disposal of the main Writ petition Counsel for the Petitioner: Ms. PINGALI LAKSHMI Counsel for the Respondent Nos. 1&5: AGP FOR IRRIGATION AND COMM AREA DEVELOPMENT Counsel for the Respondent No.2: AGP FOR FINANCE Counsel for the Respondent Nos. 3,4&6: AGP FOR LAND ACQUISITION The Court made the following: ORDER THE HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.9507 of 2025 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Irrigation appearing for.respondent Nos.1 and 5, learned Government Pleader for Finance Department upp"u.ing fo, respondent No.2 and Learned Assistant Government Pleader for Land Acquisition appearing for responc{ent Nos.3,4 and 6. 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 prayer:- "to declare the action of the respondents in not determining tht market aalue of petitioner land in Sy.No.271[2., to an extent of Ac.1- 02 Gts situated at Atmakur Village and Mandal as per the order and Decree passed in OP No.12.077 nnd batch dated 13.04.2077 and subsequently applications made by the petitioner on 77.07.2077 Under Section 2B-A of Land Acquisition Act consequently to direct the respondents to pay the market oalue with all tfu stafutory bencf ts in accordance uith thc market aalue fxed by Hon'ble Senior Cioil ludge, Gadwal in OP No.7 of 2011 and batch dated 13.04.2017."

3. Brief facts in this writ petition are that the respondent authority for the purpose of excavation and formation of embankment of parallel canal to PIP (LMC) issued notification dated 04.08.2009, under Section 4(1) of the tand Acquisition Act, 1894 and after due enquiry, the respondent authorities on

27.03.201,0, fixed a meagre compensation of Rs.64,500/- per acre for dry land and Rs.74,500/- per acre for irrigated dry land and Rs.89,500/- per acre for wet lands. Further case is that for the abovc said purpose, respondent authority acquired petitioner's land admeasuring to an extent of Ac.1-02 gts, \-.! - 2 \n Sy.No.277 /2. situated at Atmakur Village and Mandal and paid meagre compensation. Aggrieved by the meagte compensation, the petitioner along with other persons whose lands were acquired under the same notification filed OP.Nci.7 of 2011 and batch on the file of Senior Civil Judge, Gadwal (hereinafter referred as 'Trail Court'). The Trial Cotrt utde common oyder dated 13.04.2017 passed the following order:- "In the result, market ualue of the lands acquired belongs to the claimants is enhanced at Rs.385y' per Sq.yard for the lnnd under acquisition coaered by OP No.7p.011, and the mnrket ulue for the acquired lnnds coaered by OP Nos.26[2.011, 282011 and 5j[2012 is hereby enhanced is fxing at Rs.220/- per Sq.ywd tphich uorks out at Rs.10,64,800/-(Rupees ten lakhs sixty Jour thousand eight hundred only). The respondznt is direct to pay tlr enhanced amount afler deduction amount already receioed by the claitrutnts under protest and the claimants are entitled for the stntutory benefts untler section 23(1-A) and 23(2) and 28 of the I'nnd Acquisition Act along zuith costs."

4. Aggrieved by the order dated 13.04.2017 passed in OP.No.7 of 2011 and batch respondent No.6 filed appeal bearing LAAS No.599 ol 2017 and subsequently petitioner along with the other claimants have filcd LAAS.No.50 of 2021,. The Division Bench of this Court zzde Common Judgement dated

28.09.2022 passed the following order:- "In the result, tohile dismissing the appeal prefened by the L.A.O. i.e., L.A.A.S.No.599 of 2017, we allow L.A.A.S.No.50 o.f 2021 prefened by the claimants, fxing thc net market rulue of tht ncquired land at Rs.700/- per square yard togetlrcr uith all other statutory benzfts as per the amended Act. There shall bc no order as to costs."

5. Challenging the Common Judgement dated 28.09.2022 passed in LAAS No.599 of 2017, respondent No.6 filed SLP bearing No.1918 of 2024 betore Hon'ble Supreme Court and the same was dismissed on 10.07.2024. Thereafter, petitioner made several representations and requested respondent 3 authority to pass orders on petitioner's application dated 27.03.2010 made under Section 28-A of the L.A.Act and the same is still pending for consideration. Aggrieved by the same, this writ petition is filed.

6. Though various grounds are raised in the writ petition, learned counsel for the petitioner restricts his prayer seeking a direcrion to respondent authority to dispose the petitioner's application dated 27.03.2070 made under Section 28-A of the L.A.Act, in a time bound period.

7. Learned counsel appearing for respondents submits that appropriate order be passed in this writ petition

8. In view of the submission made bv lcarncd counsel for the petitioner, this writ petition is disposed of directing the respondent authority to dispose the petitioner's application dated, 27.03-2070 made under Section 28-A of the L.A.Act and pass appropriate orders strictly in accordance with law, as expeditiously as possible, preferably within a period of two (02) months from the date o( receipt of copy of this order and communicate the same to the petitioner.

9. Accordingly this writ petition ls <lisposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs /ITRUE COPY// SD/. T. JAYASREE DEPUW REGISTRAR S GTION OFFICER To ''1 . The Principal Secretary, lrrigation and CAD Ploi-ec.t.Wing- ' n".rri"i6fit. Secretariit Buildings, Saifabad, T S ,Hydera 2 fh-5 P;il',p;t-secretary, Finance Department, secretariat 3. iir;'bffi";6.iJner of Land Revenue, Nampallv, Hvderabad' T.S..Hvderabad. LAR and R bad. Buildings, 1 I 7 6 Wanaparthy District.

4. I he District Coltector, Wanaparthy, Wanaparthv District. 5. The Executive Engineer, RL E1e{ulive Division, pebbair, wanaparthy District -' 6. The Special Deputy Coilector, L.A.RLtSp- il, p66bai ereseni Winapjr6t, Z. Qne CC to Ms. PINGAL| LAKSHM|, Advocate tOpUCI B. Two CCs to Gp FOR tRRt AND COMM AREA'DEVEIOPMENT ,High Court 9. Two CCs to GP FOR FINANCE, High Coirrt foi the State of Telangana, at 10.Two CCs to GP FOR LAND ACeUlSlTtON, High Court for the State of 1 1 . Two CD Copies for the State of Telangana at Hyderabad IOUTI Telangana, at Hyderabad [OUT] Hyderabad [OUT] BM GJP HIGH COURT DATED:2810312025 \ ORDER WP.No.9607 ot 2025 I -11 .1 . .;-. "' t,\ i.:!ill 2s r: SLqft APn z$fi t: .\' * ,c5 PATCT\ E-a DISPOSING OF THE WRIT PETITION WITHOUT COSTS @q^^ 8ro== flaVr