✦ High Court of India · 28 Mar 2025

Adusumilli Anjaneyulu v. The State of Telangana

Case Details High Court of India · 28 Mar 2025
Court
High Court of India
Decided
28 Mar 2025
Bench
Not available
Length
1,045 words

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 a writ, order or direction, more particularly one in the nature of writ of lVlandamus, declaring the action of the respondents in taking over the land of petitioner i.b., Ac.6.32 guntasin Sy.No.31B situated at Dharmaraopet Village, Ghanpur Mandal, Jayashanker Bhoolpalli District without paying compensation is totally arbitrary, irregular and against Article 3004 of the constitution of lndia and consequentially direct the respondents to pay the compensation in respect of above said land. I IA NO: 10F 2025 Petition under Section 151 CPC praying that in the circumstances stated in theaffidavitfiledinS[Jpportofthepetition,theHighCourtmaybepleasedto direct the respondents to pay the compensation in -fespect of land admeasurrng Ac.O.32 guntas in Sy No.31B situated at Dharmaraopet Village' Ghanpur Mandal' Jayashanker Bhoolpalli District, pending disposal of the Writ Petition' Counsel for the Petitioner : SRI P'RAVI SHANKER Counsel for the Respondents No'1,3to5: GP FOR LAND ACQUISITION Counsel for the Respondents No'2 : SRI P'SRI HARSHA REDDY' SC FOR SCCL The Court made the following: ORDER -7/ HONOURABLE SRI JUSTICE N,V.SHRAVAN KUMAR WRIT PETI TION No.9617 of 2025 z- ORDER: Heard learned counsel for the petitioner_ Fnd learned Assistant Covernment Pleader for Land Acquisition appearing for respondent Nos.1, 3 to 5 and learned standing counsel for Singareni Collieries appearing for respondent No.2. 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:_ " t: de:.lire the action of the respondenis in taking ot eT the land. oJ petitioner i.e., Ac.0.32 guntasin Sy.No.3ig sitttnted at ?!rr!*!:p:l Viltage, Chonpw i,4.anrtat, layashanker Bhoolpalli District ruithout paying compensation is totally arbitrary, irregularund agiins'i ariicle SOOa o1 the Constitutiort of )ndia uni consequentially clirect the rcspondents to pny the corupensation i'n respeci of nboue snid Land." 3' tsrief facts in this n'rit petition are rhat petitioner craims to be the, absolute owner and possessor of land admeasuring Ac.9.00 guntas in sy.No.318/69, 318/zo, 7r and 22 situated in Dharmaraopet village, Ghanpur Mandal, jayashanker Bhoolpalri District and the petitioner was also issued pattedar pass book bearing No.T24040020022 in Katha No.33. while things stood thus, respondent'No.2 from the above extent of land has acquired Ac.8.11 guntas and in the y.t:ar 202L, cornpensation was paid to the petitioner. Further case is that since Ac.0.32 gts were left and the petitioner in that rittre portion courd not calry agricurtural operation, thus, petitioner on 20.05.2020 made a representation and r.equested respondent 2 No.4 to acquire thc balance land admeasuring Ac.0.32 gts and pay compensation. Subsequently, respondent No.4 aide letter dated 06.06.2020, requested respondent No.2 to communicate whether the said extent of land is required. [.ater, petitioner on 22.07.2O24 mad,e another representation and requestec{ responllent No.3 to consider the case of the petitioner and respondent No.3 i'ldc letter dated 27 .07.2024 directed the respondent No.4 to take necessary action in the matter. However, till date the same is still pending for consideration. Aggrieved by the same, this writ petition is filed.

4. Learned counscl for the petitioner lurther submits that since the respondent No.2 has acqdirdd Ac.8.11 gts and the petitioner is left with Ac.0.32 gts and the pctitioner coull not utilise the said small portion of land, hence, pray this Court to direct the respondent authorities to conduct survey and identify the petitioner's land and-further pray this Court to direct the respondent Nos.2 to 5 to pay compensation for the balance extent of land i.e,. Ac.0.32 gts, in a time bound period.

5. Learned counsel appearing for respondents submits that appropriate order mav be passed.

6. Recording the above submissions and ir-r view of the fact that the respondent authorities have already acquired the land to an extent of Ac.8.11 gts and the petitioner is left over with very small portion i.e.. /, 3 Ac.0.32 gts and the same cannot be utilised by the petitioner and since the matter is also pending before the respondent authorities, this Court deems it fit to dispose of the writ petition with a direction to respondent authorities to consider the case of the petitioner and dispose the petitioner's representation dated 22.01.2024 and pass appropriate orders strictly in accordance with law, as expeditiously as possible, preferably u.ithin a period of two (02) months from the date of receipt of copy of this order and communicate the same to the petitioner.

7. Accordinglv, this writ petition disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costq //TRUE COPY// SD/-L. LAKSHMI BABU DEPUTY REGISTRAR SECTION OFFICER To \ 1. The Principal Secretary, Revenue Department, Sta Secretariat, Hyderabad of Telangana,

2. The Chairman and Managing Director, Singareni Collieries Company Ltd., Kothagudem, Bhadradri Kothagudem District

3. The District Collector, Bhoolpalli, Jayashanker Bhoolpalli District. 4. The Revenue Divisional Officer, Bhoolpalli, Bhoolpalli Mandal, Jayashanker Bhoolpalli District.

5. The Tahsildar, Bhoolapalli, Bhoolpalli Mandal, Jayashanker Bhoolpalli District. 6. One CC to SRI P RAVI SHANKER, Advocate. [OPUC] 7. Two CCs to GP FOR LAND ACQUISITION, High Court for the State of Telangana. [OUT] B. One CC to SRI P.SRI HARSHA REDDY, SC for Singareni Collieries Company Limited lOPUCl

9. Two CD Copies. BSK BS w I I i I i I I \ t \ t c O t SE ST4 re: 1 (-/ 2 5 APil 2025 I ( : o t-SPAT(1.\j HIGH COURT DATED:28103t2025 ORDER WP.No.9617 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ )---

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