High Court · 2025
Case Details
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 or order or direction more particularly in the nature writ of mandamus declare the in action of the Respondents 2 and 3 are not initiating the actions against the representations made by the petitioner dated 13.03.2025 and 17.03.2025 consequently direct the Respondents herein to allot the substitute Plot No. 10/A is vacant and unregistered plot or any plot instead of 366 which is not a residential plot which is locate far from the R&R Colony, Thogutta (V)' Gajwel (M), Siddipet District to release the compensate amount to the petitioner herein 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 2 and 3 herein to consider the petitioners representations dated 13.03.2025 and 17.03.2025 to the Respondents and allot the Plot No. 10/A which is a vacant and unregistered Plot situated at RandR Colony, Thogutta Village, Gajwel (M), Siddipet District Counsel for the Petitioner: SRl. DANTU VENKATA RAMANA SARMA Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following: ORDER HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT I'ETITION No.10904 of 2025 ORDER: Heard learned counsel for the petitioner and learned Assistant Covernment Pleader for Land Acquisition appearing for respondent Nos.1 to 4. With their consent, the writ petition is being taken up for disposal.
2. This writ petition has bcen filcd seeking the following relief:- "to declare tlrc in action o.f the Respondents 2 and 3 nre not initiating tlrc sctions against the representations mnde by the petitioner dated 13.03.2025 nnd 17.03.2025 consequently direct thr Respondents htrein to nllot tlrc srbstitute Plot No.10/A is aacnnt and unregistcred plot or any plot instead of 366 tohich is not a residential plot rulich is locate far from the R&R Colony, Thogutta (V), Gnjwel (M), Siddipet District to release the compensate anrcunt to tle petitioner lerein."
3. Brief facts in this writ petition are that petitioner claims to be the absolute owner and possessor of land to an extcnt of Ac.5.11 gts in Sy Nos.629,/1, 715/U/3, 690, 684/O, 684/V, 684/1, 680/ A/2, consisting of 2 borewells, one well, Trees, pipelinc.s, shecl. The respondent authorities for the purpose of Mallanna Sagar Projcct acquirecl the petitioner's subject property and paid compensation for an amount of Rs.2,74,324/ -. However, the respondent authorities failcd to allot a plot undcr land acquisition and aggrieved by the same, petitioner filed W.P.No.5245 of 2023 and this Court ztide order dated 14.03.2024 passed the follon,ing order:- "In the light of the abot e, both the Writ Petitions nre nllorued decLaring that tlle petitioners lerein nre entitled to be treated ns a separate frmily zoitlitt tlrc nenning o.f prot'iso of Clause Qn) of Section 3 of the Act, 2013, reod ruith erplnnatiotr to Clattse (m) of \ 2 Section 3 o.f tht Act, 2013 and also for extending the R & R benefts under the proaisions of the Act,2013. The respondents nre furtllet directed to extend the R €r R benefts by airtue of tfuir displacement pursttnnt to the acquisition proceedings underlnken by the respondents under the prottisions of the Act, 2073 or under C.O.Ms.No.120, dated 30.06.2017 or any other scltcme ns may be npplicabLe to the petitioners, as expeditiously rc possiltle, at nny ratu, zoithin a peiod of four (04) months from the date of receipt of a copy cf this order, if such benefts llterc not already extended st&ject to the pektioners satisfying their eligibility being tht odult member of nl affected family."
4. Later, when tlte respondent authorities failed to comply the ordcr dated 14.03.2021 passed in W.P.No.5245 of 2023, petitioner filed C.C.No.2595 of 2025 and the same was closed aide order (lated 28.02.2025, on the ground ihat the responded authorities z,idr proceeding bearing PROC.C1I1142/'2079, dated 05.12.2024, sanctioned R&R package of Rs.12.54 lakhs and allotment plot No.366, situated at R&R colony, Mutrajpally in iavour of the petitioner and in the said order it was also recorded that if the petitioner has any grievance with regard to the allotment of the plot, liberty was granted to the petitioner to make representation before the appropriate authority. Hence, the petitioner on
13.03.2025 and 17.Q3.2025 made representations and recluestecl the respondent No.2 ar.r.l 4 to allot Plot No.10rlA instead of Plot No.366 situated at R&R t'olon1', Mutraipally. However, the same is still pending. Aggrieved by the same, petitioner filed the present writ petitiorr. ----- I -) Learned Assistant Government Pleader appearing for respondents 5. has placed on record instructions issued by respondent No'4' relevant portion is extracted heteunder:- "t',;i* " ln tlris regard, it is submitted that a Melo t'ide this ot'fcc to th,e pe ti t ione r' throu gh' N o.B/889p024, o lzt'is'zizi "n'"1 Registered post auty i'|i':^i'g ni* tt"t at prexn,t, allernntc plot cannot nttend on 29'03'2025 or i"1"*ed him be allotted as desrred 'li' 'iti any other date as desired by tht petitioner lor regtsteing lht said plot irli"s N""36a o' ii' io^' 'situnted fu nan colony Snngapur' Mutraipally of Gai*'t'i'nil u" t tlu petitioner has not tuned up '" ,to Per contra, learned counsel for the petitioner submits that no such 6. communication was made to the petitioner and further submits that the plot No.366 which is allotted to the petitioner is adiacent to the burial grounds and there are no other houses arouncl there and the same is very I far from the colony' Thus' the petitioner on L3'03'2025 and 17'03'2025 made I representations and requested the respondent Nos'2 and 4 to allot Plot No.10/ A and the respondent authorities did not considered the same' Hence, learned counsel for the petitioner pray this Court to direct the respondent authorities to allot Plot No'10/ A instead of Plot No'366 situated at R&R colony' Mutraipally to the petitioner'
7. Recording the above submissions and having considered the above facts and circumstance' this Court deems it fit to dispose of the writ petition with a direction to resPondent authorities to reconsider the case of and after giving a fair opporruruty of hearing to the petitioner, the respondent authorities shall pass fresh orders' as the petitioner 4 expeditiously as possible, preferably, within a period of three (03) weeks from the date of receipt of copy of this order and communicate the same to the petitioner.
8. Accordingly, this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs. //TRUE COPY// SD/-MOHD. IS AIL R DEFIUry REGIS SECTION OFFICER To, T.S.,Hyderabad.
1. The Principal Secretary Land Acquisition Department , Secretariat, 2. fhe District Collector, Siddipet. 3. The Revenue Divisional Officer, Gajwel, lntigreated Office Complex, Siddipet, Telangana State. Telangana State.
4. The Thasildhar, Thogutta/Gajewel, Thogufta Mandal, Siddipet, Siddipet Dist, 5. One CC to SRl. DANTU VENKATA RAMANA SARMA, Advocate [OPUC] 6. Two CCs to GP FOR LAND ACQUISITION ,High Court for the State of 7. Two CD Copies Telangana at Hyderabad [OUTj t BM GJP s / HIGH COURT DATED:1 5104't2025 ORDER WP.No.1090'+ of 2025 oir lHL= S r4 ,/, a ]J r) 2" 11JUl'l 2ffi I:1^1 a, :r :./" t' ). 4' ,,2 .,/ DISPOSING OF THE WRIT PETITION WITHOUT C OSTS I Gifoe' %*