✦ High Court of India · 22 Apr 2025

High Court · 2025

Case Details High Court of India · 22 Apr 2025
Court
High Court of India
Decided
22 Apr 2025
Bench
Not available
Length
2,224 words

18.Mannem Srinivas Rao, S/o Late Mannem Venkateshwarlu @ Venkateshwara Reo, Age 41 Years, Occup. Agricutture, Ri/o H.No. S-27, Ginturpallv Villaoe. Thirmalapur Post, Chityal Mand-al, Jayashankar BhupalpdlU Distri'ct. '

19. Mannem Koteshwaramma, Wo Late Mannem Venkateshwarlu 16 , Venkateshwara..Rao, Lge lZ Years, Occup. Agriculture, ryo H.ruo. S-ZZ Gunturpally_Vitlage, Thirmalapur post, Chit/at Manbat, .layasnaniii Bhupalpally District

20.Mannem Abhishek, S/o Late Mannem Sambashivarao. Aoe 19 years. Occuo f.vt, fmployee, R/o H.No. 5-27, cunturpaily Village, Thirrialapur posi, Cfrityli Mandal, Jayashankar Bhupalpally District. -

21.Dhanda Arunjyothi, Dio Late Mannem Sambashivarao. W/o Dhanda Shireesh. Age 24 lqqrs, O99yp. Housewife, Fi/o H.No. 1-13, Gunturpalty Viilage, Khitd Warangal Mandal, Warangal Urban District-506005. Z2.Banolh Manga, W/o Banoth Ranga, Aged about 33yrs, Occ. pvt. Employee. -Viltage and fr4ariOat, R/o. . H.No.5-4-76, NTR Nagar,Ketamudram Mahabubabad District

23.9uguloth Sanjeev, S/o guguloth Rajender, Aged about 31yrs, Occ. pvt !.mOlgye.q, Ftro H No.2-70li, VRN ihanda, piallarguda Vittage, Sangem Mandal, Warangal District

24.9unam. Latha, W/o Veera Swamy, Aged about 45yrs, Occ. Housewife, Fl/o H.No.8-3-1 109/4/1 , Srinagar Coloiy, Keshavi Nagar Cotony, -S.ne!rq Khairatabad, Hyderabad

25. Thirukkovalluri Punnaiah, s/o Late Venkateswarlu, Aqed about 53vrs. occ. C5lony, SnaOr6cliala;, Business, Ri/o H.No.16-1-63, Bhagavan Das Bhadradri Kothagudem District .

26.Pasumarthi Balaji, S/o Sri Rama Rao_, Aged about 42yrs, Occ.Business, Fl/o Uday Bhaskar Road, Bhadrachalam, Bhadradri Kothaglrd6m District 2T.Budidha [gOnq, qt9 Narsaih,^ged.about44yrs, Occ. pvt. Emptoyee, R/o FIat N9,9-.1, Plot No.63, Shanthi Residency, Baiajinagar, ttizamp'et,hingireAl, District

23.Ankathi Praveen Kumar, S/o A.Rajender, Aqed about 3gvrs. Occ. Business. R/o. H.No.'l 6-3-732, Ekashita Nagar, Fo(-ro'ad, Khila(Foft ), War""ili f;;; and District

29.9andu lqyinder, S/o Sa_r.aiah, ,Aged about Slyrs, Occ. Agriculture, Fl/o H.No.1-221A, Mallampalli Village, Mulugu Mandal ahd'District " AND 1 . The State of Telanoana,. Rep. by its principal Secretary, Revenue Department, Secretariai, HyberaOla. ,..PETITIONERS t

2. The District Collector, WarangaI District, Warangal. 3. The Revenue Divisional Officer-cum-Land Acquisition officer, Wdrangal Division, Warangal District.

4. The Tahsildar, Khila Warangal Mandal, Warangal District. ...RESPONDENTS Petition under Article 226 ot the Constitution-6f 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 of Writ of Mandamus declaring the action of the respondent authorities, particularly Rdspondents No.2 and 3, in not considering the objections/representation Dt. 2.04.2025 made by the petitioners, and forcing the petitioners to accept the Meagre amount as a compensation and hand over the possession of the petitioners properties, as arbitrary, illegal, violative of principles of natural justice, and in gross violation of the provisions of the RFCTLARR Act, 2013 and against to the law laid down by the Honible Apex Court in Madhya Pradesh Road Development Corporation Vs. Vincent Daniel And Others, dt.27.O3.2025 reported in 2025 LawSuit (SC) 426, and consequently direct the Respondents to consider the Representation dt. 2.04.2025, and pass a reasoned speaking order before proceeding with any further acquisition steps, as per the law laid down by the by the Hon'ble Supreme Court in Madhya Pradesh Road Development Corporation Vs. Vincent Daniel And Others, and not to dispossess the petitioners from their properties without following the due process of law strictly in accordance with the RFCTLARR Act, 2013. 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 respondent No.2 and 3 to consider the petitioners representation dt.02,O4,2025 as per the law laid down by the Hon ble Apex Court in "Madhya Pradesh Road Development Corporation Vs. Vincent Daniel And Others", dt.27.O3.2O25 reported in 2025 Honble Court may deem fit and proper in the circumstances of the LawSuit (SC) 426, pending disposal of the main Writ Petition. I a lA NO: 2 OF 2025 Petition under Section 1s1 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondents No. 2 and 3, not to interfere with the peacefur possession and enjoyment of the petitioner s respective plots, i.e_, 1. plot No.3, to an extent of 481 Sq.Y or 402-17 Sq. Meters, 2. prot No.S, to an extent of 370 sq.y or 30g- 36 Sq. .Meters, 3. prot No.10, to an extent of 258 sg.y or 215-71sq. Meters, 4. Plot No.'16, to an extent of 300 sq.y ot zso-84 sq. Meters, 5. prot Nos..r3 ,14, 19 and 20, total an extenr of 106g Sq.y or 892-97 sq. Meters, 6. prot No.21, to an ext'bnt of 267 Sq.y or 223-24 Sq. Meters, 7. open prot No.22lA, Brock Ar, to an extent of 266.66 Sq.yards, or 222.9s Sq.Mtrs B. prot No.22l8, Brock Ar, to an extent of 133.00 sq.yards, or 11'r.20 sq.Mtrs,9. prot No.24lA, Brock A2, to an extent of 360.00 sq.yards, or 300-99 Sq.Mtrs, 10. prot No.25, Brock 42, to an extent of 267.00 Sq.yards, or 223_25 Sq.Mtrs, 11. ptot No.27, Block.A2, to an extent of 267.00 sq.yards, or 223-24 Sq Mtrs, 12. prot No.28, Brock A2, to an extent of 300.00 Sq.yards, or 2S0_83Sq.Mtrs, 13. ptot No.30, Block 42, to an extent of 267.00 Sq.yards, or 223_25 Sq.Mtrs, 14. ptot No.31, Block A2, to an extent of 267.00 Sq.yards, or 223-246 Sq.Mtrs, 1S. plot No.35, Block A2, to an extent of 300.00 Sq.yards, or 250_83 Sq.Mtrs. 16. plot No.36, Block A3, to an extent of 300.00 Sq.yards, or 250-83 Sq.Mtrs, 17. (petitioners No.17 to 21) prot No.37, Block A7, to an extent of 708.00 Sq.yards, or 591-95 Sq.Mtrs, 18. plot No.38-Part, Brock A7, to an extent of 177.00 sq.yards, or 147-98 Sq.Mtrs, i9. Plot No.38 (Part), Block A7, to an extent of 170.00 Sq.yards, or 142_13 Sq.Mtrs, 20' Plot No'40, Brock-A7, to an extent of 349.00 Sq.yards, or 291-80 sq.Mtrs, 21' Plot No.41, Brock 47, to an extent of 341 .00 sq.yards, or 2Bs-12 Sq.Mtrs, 22. Plol No.42, Brock 47, to an extent of 311.00 sq.yards, or 260-036 sq.Mtrs, 23. Plot No.43, Block A7, to an extent of 288.00 Sq.yards, or 240-80 Sq.Mtrs, 24. Plot No.44 (Part), Brock A7, to an extent of 217.00 sq.yards, or 181-43 sq'Mtrs, 25. Prot No.45/A, Brock A7, to an extent of 277.o0 sq.yards, or 23i-60 sq'Mtrs, all the above prots are situated in Kakatiya smart city Venture, Gunturpailyvifiage, H/o Gadepa[yRevenue Viilage, Khiila warangar Mandar, warangal Urban District, without foflowing the due process of raw, and raw raid down by the Hon bre Apex court in "Madhya pradesh Road Deveropment I ----- ,, t) corporation vs. vincent Daniel And others", dt.27.o3.2o2s reported in 2o2s LawSuit (SC) 426,pending disposal of the main Writ petition. Counsel for the Petitioner: SRI G.SATISH BABU Counsel for the Respondents: AGp FOR LAND ACQUIS|TION The Court made the following: ORDER I n j) THE HONOUI(ABLE SRIIUSTTCE N.V.SHRAVAN KUMAR WRIT PETITION No.11764 of 2025 ORDETT: Heard learned counsel for the petitioners.. and learned Assistant Government Pleader for Land Acquisition appearing for respondent Nos.1 to

4. with their consent, this writ petition is being taken up for disposal at the stage of admission itself. 2 This writ petition is filed seeking following prayer: "to declare tlrc action of the respondent authoities partiailarly Respondents No.2 and 3, in not considering tht. o_bjections/representation Dt 2.04.2025 made by thc petitioners and forcing the petitiorurs to accept the Meagre amount as a compensa?ion and hand ooer the posxssion of tht petitioners properties, as arbitrary, illegal, aiolatioe of pinciples of natural justice and in gross ttiolation of the proaisions of the RFC.I-LARR Act, 2013 and against to the law laid down by the Hon,blc Apex C-ourt in " Madhya Pradesh Road Deoelopment Corporation Vs Vinccnt Daniel And Others", dt 27.03.2025 reported in 2025 LawSuit (SC) 426, and consequently direct the Respondttnts to consider the Representation dt 2.04.2025 and pass a reasoned. speaking_ order before proceeding with any furthtr acquisition steps a-s per the lato laid down by the by the Hon,ble Supreme Court in " Madhya Pradesh Road Deaelopment Corporation Vs l/ incent Daniel And Others", and not to dispossess the petitioners front their proper.ties uithout following tht due prccess of hw strictly in accordance with tfu RFCTI"4RR Act 2013.,, 3 Today when the matter has been taken up for hearing, learned counsel for the petitioners submits that in similar circumstance this Court in W.P.No.10960 of 2025 dated 10.04.2025, passed the folQwing order:_ ln oieu of the submission matlz by learned counsel on eitlrcr side "7. , nnd,toithout erpressing any opinion on the quantum of the market oalue ol the subject lands effected. for acquisition purpose, tiris rorit pe tition is I 2 disposed of directing the respondlnt authoities to d.ispose tle petitionerls representation dnted 01.04.2025 in ilu lipht ;f fudgment dated. 2_7.03.2025 passed by thz Hon'ble Supreme Coirt in',,tutoalyo pradesh Roail Deaelopm"it Cbhoration Vs Vincent Daniel Anil Others,,. The respondent authorities slmll pass appropriate orders stictly in acclrdln-ce. with laru, as expeditiously o, poriiblr, preferably zoitiin a period of three (03) ueeks from the dati of riceipt of cipy of thii order and communicate the same to tlte petitionerr. it ii made'cbar that the r,espgnlznt authoities shall follou, due process as contemplated undtr lau belore initiating aclion on tlrc subject properly. ,, /r

4. Learned counsel for the petitioners further pray this Court to pass similar orders as passed in W.p.No.10960 of 2025 dated 10.04.2025.

5. Learned Assistant Government pleader for Land Acquisition appearing for respondents did not disputc the same

6. In view of the submission made by rearned counsel on either side and without expressing any opinion on the quantum of the market vaiue of the subject lands effected for acquisition purpose, this writ petition is disposed of directing the respondent authorities to dispose the petitioners' representation dated 01.04.2025 in the light of Judgment d,ated, 27.02.2025 passed by the Hon'ble Supreme Court in ,,Madhya pradesh Road Development corporation Vs vincent Daniel And others". The respondent authorities shall pass appropriate orders strictry in accordance with law, as 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 petitioners. It is made clear that the respondent authorities shall follow due process as contemplated under Iaw before initiating action on the subject property. r ( I \ n I

7. Accordingly this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs. ! //TRUE COPYII SI]/. T.JAYASREE PL' TY REGISTRAR \ To, EC;TION OFFICER 1 . The Princioal Secretarv, Revenue Department, Secretariat, Hyderabad, State of Telangana.

2. The District Collector, Warangal District,Warangal. .3. The Revenue Divisionar officer-cum-Land Acquisition officer, warangar Division, Warangal District.

4. The Tahsildar, Khila Warangal Mandal, Warangal District. 5. One CC to SRt G.SAT|SH BABU, Advocate [OPUC] 6. Jwo CCs to GP FOR LAND ACQUIS|T|ON, High Court for the State of Telangana at Hyderabad [OUT]

7. Two CD Copies *w HIGH COURT DATED:22104t2025 o 1t ri: ti14 '$iN ( 7 C: ? 5 npn zozs De:SPATCHi- c -',/ .7 ORDER WP.No.11764 of 2OZs o ( t DISPOSING OF THE WRIT PETITION, WITHOUT COSTS

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