High Court · 2025

Mr. Mueham agriculture. H 505468 . Raghupathi. S/o Ir/ Ramachandram, Aged 60 years, Occ No. 10-101, Near Superbazar, HuzuijOad xrri-,injJJ, oirtri"t AND 1 The State of Telanoana Rep b.V its principal Secretary, Land Acquisation, Secretariat Buildin!', Hyierabad ...PETITIONER 2 The District Collector , Karimnagar Competent Authoritv for Land Acquisition (CALA ) and RDO, Huzurabad , [arimnagar 4 The District Qolrector cum Arbitrator, under Nationar high way act, Karimnagar 6. The Project Director (pD), Nationat Highways ,Nadihiils , Hanmakonda . 6. The Executivo Engineer, RWS, Karimngar. Hanmakonda ...RESPOIJDENTS due process of r-aw .,hire conriJ.iing ft,u apprications *rtt . Fetition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit filed therewith, the Hi'gh'c;urt iiray oe pleased to issue a writ or writs, order or Direction more particurarry in the nature of writ of Mandamus decraring the action of the Respondents No.2 and 3 in not following limit of 12 months under sec 29 A, of rHE ARBrrhAroN AND cqructr_rnribr,r 'aiso ACT, 1 996 is illegal, arbitrary, violative principtes of naturat ;ustice ani violative of Article 14, 21, 3OO-A qf the ionstiiution of lndia ,nd direct the respondents te "on.eqr"nii| _c^onduct the enquiry on the craim petitions rireJ rnoer ll-ali91a! Highwavs Act, 1956 in NH 563, Karimnagaito wararig;i Fio" r.r""e/iioa r2020 d|29r03t2023 within the stipurated time as Jontemprrtuiin inu-e"i' -'-" -the -in _ ,1 IA NO: 1 0F 2025 Petition under Section 151 CPC praying that in the circ umstances stated in the affidavit filed in support of the writ petition, the High court may be pleased to direct the respondent No 2, 3 arrd 5 to dispose of the petiticners filed under the National Highways Act '1 956 while passing the enhance,l award within the stipulated time ascontemplated in the act pending disposat of the writ petition Counsel for the Petitioner: SRl. POCHAIAH DORISHETTI Counsel for the Reppondent Nos.1 to 4: AGP FOR LAND ACQUISITION Counse! for the Respondent NO.S: SRI MADISETTI RAMU Si3 FOR NATIONAL HIGHWAYS Counsel forlhe Rpspon{ent No.6: GP FoR R&B The Court made the following; ORDER THE HON'BLE SRI WSTICE N.V. SHRAVAN KUMAR WRIT PETITION No.126O1 of 2o25 ORDER This writ petition is filed seeking the following prayer: "WRIT OF MANDAMUS declaring the action of the Respondents .l[os.2 and 3 in not follouing the due process of law u.thile considerinq the applications uith in time limit of 12 months under Sec 29 A of THE ARBITRATION AND CONCILIATION ACT 1996 is illegal arbitrary uiolatiue principles of natural .justice and also uiolatiue of Articles 14, 21 and 30OA of the Constitution of India and consequentlg direct the respondents to conduct the enquiry on the claim petitions .ftled under National Highwa4s Act 1956 in NH 563 Karimnagar to Waranqal Proc.No.B/2708 / 2020 dt 29/ 03/ 2023 tuithin the stipulated time as contemplated in the Act."

2. Heard Sri Pochaiah Dorishetti, learned counsel appearing for the petitioner, learned Government Pleader for Land Acquisition appearing for respondent Nos. I to 4 and Sri Madisetti Ramu, learned Standing Counsel appearing for respondent No.5. Perused the record. - & NVSK,J W.P.No.12601 of 2025 2

3. The brief facts of the case as statef are that the petitioner claims to be the owner ald pr,ssessor of the lands in Sy.Nos.gO2, Z7g, 996 and 9!,5 situated at Huzurabad, Karimnagar district to differerLt extents. The said lands were acquired by the Naticnal Highway Authority of India, NH.563, Karimnagar to Warangal vide Proc.No.B/27O8/ 2O2O dated 2g.03.2023 It is further submitted that proper compensation was not pard as per market value and that some of the very adjacent land owrrers were paid compensation at the rate of Rs.2,g6O/_ per Sq. meter ald whereas the petitioner wirs pard only a meager amount of Rs.400/_ per Sq. meter. Aggrieved by the said discrimination by the responder:t authorities petitioner filed several applications before the respondents but the respondents have n<,t taken arry action on the said applications under :he National Highways Act, 1956. euestioning the inaction of respondents'petitioner filed the present writ ,etition. NVSK,J W.P.No.l260 1 of 2025 3

4. Learned counsel appearing for petitioner brought to the attention of this Court that the petitioner made a representation dated 15.03.2025 to the Revenue Divisional Officer, Huzurabad - respondent No.3 but so far no action has been taken by respondent No.3 on the said representation. In view of the same, petitioner pray this Court to direct respondent No.3 to pass appropriate orders on the said representation.

5. Learned counsel for appearing the petitioner further submitted that in similar circumstance this Court disposed of the Writ Petition No.36668 of 2024 by order dated 02.O4.2025 by passed the following order: - "In uieu of the aboue submlssions made bg both the parties q.nd in terms of the ord.er dated 27.02.2025 passed W.P.No.4L67 of 2O25, this wit petition is disposed of directing respond.ent Nos.2 and 3 to consider the application dated 25.01.2022 submitted bg the petitioner and pass appropiate order in accordance with lau within a peiod of four (O4) uteeks from the date of receipt of a copg of this order and communicate the same to the petitioner." \ i -, NVSK,.I Ir'.P-No. I26O i of 2O25 4 E-\ .r \

6. Leatned counsel for the petitioner fur.:her pray this Court to pass similar order as passed in W.r).No.3666g of 2024 by order dated O2.O4.2025.

7. Learned Assistant Government pleac er appearing for respondent Nos.l to 4 and leatned Starrding Counsel appearing for respondent No.S did not dispu[e the same.

8. In view of the above submissions made by both the parties and in terms of the order datert 02.04.2025 passed W.P.No.36668 of 2024, this writ petition is disposed of directing respondent Nos.2 and 3 to consider the application dated 15.03.2025 subm tted by the petitioner and pass appropriate order in acc ordance with law within a period of four (04) weeks frorn the date of receipt of a copy of this order and communi< ate the same to the petitioner. There shall be no order as to costs. Miscellaneous applications, if any pending shall stand closed. I To, //TRUE COPY// SO/-L. VIJAYA LAXMI ARSISiTANT REGISTRAR ,_. \\\ ie;rroN oFFrcER '1 . The Principal Secretary, Land Secretariat Building, Hyderrrbad 2. The District Collector . Karimnagar Karimnagar

3. The competent Authority for Land Acquisition (CALA ) and RDo, Huzurabad ' 4. The District Collector cum Arbitrator' under National high way act' Karimnagar 5. The Project Director (PD)' National Highways 'Nadihills ' Hanmakonda ' 6. The Executive Engineer' RWS' Karimngar' Hanmakonda 7. One CC to SRI POCHAIAH DORISHETTI Advocate IOPUCI 8. qne CC to SRt MADISETTI RAMU SC FOR NATIONAL HIGHWAYS IOPUCI I Two CCs to GP f On r'nf'f O ACOUISITION 'High Court for the State of fglangana. [OUT] " Ig,:.?3ij"",?iri:l$",11i6nd 'l l.Jwo CD CoPies KKS BS Bu,dings' Hish court ror the state or ' ,. i*--:r: I I I I I HIGH COURT DATED:28 tD4t2O2S ,It{ .',t t(< .)i3 , 2 ,tuu I )fs L L, ORDER WP.llo.12601 of 2O2S PISPOS|NG THE WRIT PETtTtoN WTHOUT COSTS tl 6(