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 a writ' order or direction more particularly one in the nature of writ of this Hon'ble Court may be pleased to issue a writ' order or direction more G2r112712023, particurarry one in the nature of writ of mandamus decraring ,re order in No. 'lare'l o8ro4r2o25 served on 09104/2025 0f * e 2nd respondent as illegar, arbitrary urrra vires the powers u/s '15 0f Right ro Fa r compensation And Transparency r'Land Acquisition, Rehabiritation And Resetrement Act, 2013 without jurisdicti rn. 0ororabre exercise of power, viorative of the provisions of the Right ro Fair o'rmpensation And rransparency rn Land Acquisition, Rehabiritation And tiesetrement Act, 2013 viorative of the provisions of the Telangana tvuni'rpalities Act, 2o'1g, and vrorative of Aiticres 14 i:rnd 300A of the constitution of rndia consequenry to set aside the order No. G2l1 12712023, dated 0g/041202{i pas;sed by the 2nd respondent lA NO: 1 OF 2025 , Petition uncer Section 15i cpc praying that in the ci-cumstances stated in the affidavit fil<:d rn support of the petition, the High Court may be pleased to suspend Order No G2/112712023, dated OB1O4I2O2S passed by the 2nd respondent whire directing the respondents not to carry or t any further rand acquisition procer:dirpts over land admeasuring Ac.0.16 % gts falling in sy.no. 1530 of Sirrcilla be longrng to the petitioners. Counsel for the pr:titioner: SRI T.SURYA SATISH Counsel for the Rerspondent No.1: SpL. Gp FOR ADDL ADVOr:AT.: GENERAL Counsel for the Re,spondent No.2: Gp FOR REVENUE counsel for the Respordent No.3: sRr purrA KRTsHNA REDt)y, SC FOR MCPL The Court made th,-. following: ORDER / THE H ON'BLE SRI JUSTICE N.V.SH RAVAN Writ Petition No.11 148 ot 2025 KUMAR ORDER: Questioning the action of respondent No'2 in passlng order in Order No'G2 /1127 12023 dated 08'04'2025 served on 09.04-2025 of respondent No'2 as illegal and arbitrary underSection15ofRighttoFairCompensationand Transparency in Land Acquisition' Rehabiiitation and Resettlement Act, 2013 (briefly 'the 2013 Act'hereinafter) without jurisdiction and consequently to set aside the Order No.G2lLl27 12023 d'ated OB'O4'2O25 passed by respondent No.2, the present writ petition is hled'

2. Heard Mr.T.Surya Satish' learned counsel for the petitioners and learned Special Government Pleader attached to the Office of learned Additional Advocate General appearing on behalf of respondent No' 1

3. The impugned order in G2lll27 12023 dated 08.O4.2025 was passed based on common order passed by this Court in WP'Nos2137O and 14536 of 2024 dated 2O.O1.2O25 whereby the respondent authorities were 2 directed to take further action in terms ol.sectiorr 1S(2) and 15(3) of the 2013 Act after graxting a fair opportunity of hearing to the petitioners. Thereafter, the Distnct. Collector, RajanrLa Sircilla District has issued ncticr: to the petitiorrers on O2.O3.2O25 and hearing was conrlucted on 12.O3.r02i; ancl petitioners submitted reprer;entirtion and request=d to u,ithdraw the Land Acquisition pt.ocer:dings 12.03.212:j The District Collector, Rajanna Sircillr District in his crdr:;_ dated 08.O4.2025 stated that tte o:jections raised )\. the petitioners cannot be consride;.ed and disposecl of the petitioner under Sections I 5(2 ) a rd (3) of the 20I r A:t and steps would be taken to c()mplete the lald acqrrisitjon as per the provisions of the 20 I3 Ar:t.

4. L,:arr ed counsel for the petitioner draws at-ention of this Co trt i.o Sections 1S(2) and (3) of the 20 3 Act and submits tlrat r.espondent No.2 has to make a rePort giving the details ol lhe lancls and persons affected an(l al,ro the quantum ol tht: compensation to be paid arrd a rr:porr_ with such detail; has to be furnished to the Government on the objections nad e under Sub_section (2) of Sec tion 1 S, I t i I I ' I : l I i 3 whose decision shall be final' Learned senior counsel wouldfurthersubmitthatrespondentNo.2without following due process of law has taken his own decision to complete the land acquisition process'

5. Learned Special Government Pleader appearlng on behalf of respondent No' 1 would fairly submit tl;at per se the order of respondent No'2 dated 08 04'2O25 is not in terms of Section 15(2) and (3) of the 2013 Act and respondent No'2 ought to have made a report to the Government for taking finai decision'

6. Learned. counsel for the petitioner would further submit that already water is flowing in the subject property and now the lald is deemed to be acquired by the respondents and compensation has to be paid in terms of the provision of the 2013 Act'

7. In view of the submissions made above' and since theorderofDistrictCollector,RajannaSircillaDistricti.e., respondent No.2 dated Oa'O4'2O25 is not in terms of Section 15(2) and (3) of the 2013 Act' the same is hereby I I 4 .& 1 .a set as de and respondent authorities are directed to due p roc r,ss of law before initiating any rction on the subjec ' land and pass appropriate orders r.r,itirin a period of three (3) rueeks from the date of receipt of ir copy of this follow order. 8 Wr-rt petition is allowed, accordingly closed A4i scellareous petitions, pending, if anv shall stand I lor'r'r:ver, there shail be no order as to c)sts To, SD/-S, MI.LLIKARJUNA RAO ASS ;TANT REGISTRAR //TRUE COPY/I T 'l I 1'', ( SECTION OFFICER 'l . The Secretlry l\.4unicipal Administration and Urban Developmr:nt Department, Secretariat Hyc erabad, State of Telangana.

2. The Districl CclJector, Rajanna Sircilla District 3. The lr/unici ral C:ommissioner, Rajanna Sircilla l\/unicipalit 7. Rajanna Sircilla 4 One CC to SR i SURYA SATISH, Advocate [OPUC] 5 One CC to SR rUTTA KRISHNA REDDY, SC FOR IVCPL IOPUC] 6. Two CCs tc Gt'] FOR REVENUE, High Court for the State of Telangana at Hyderabad [Ol.J I] 7 Two CCs .o ADDL ADVOCATE GENERAL, High Co.rrt fcr the State of Telangana at Hvderabad [OUT]

8. Two CD Cc pies I 1 BSR BS $ , HIGH COLIR]T DATED:1610412025 f / t ORDER WP.No.1114E of 2025 - --l irH E S14 ,$ ,i J q- o .\ \ 2 'i APfl ME s a t, -,- *.:' -- .r J- - r. - ,:r 1ij' _,,1- ' -: :_-:i.- iiI ALLOWING THE WRIT PETITION, WITHOUT COSTS €ga;+ W( I t : i