✦ High Court of India · 23 Apr 2025

High Court · 2025

Case Details High Court of India · 23 Apr 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 pass an order, direction, or a writ particularly in the nature of writ of mandamus declaring that the action of the Respondents in making efforts to acquire the property of the Petitioners i.e., all that the agricultural land admeasuring Ac.0-30 Gts., in Survey No. 268ta1t3, and 269tdl3' situated at Parsapur Village, Kodangal Mandal, Vikarabad Dist., TS, and all that the agricultural land total ,edmeasuring Ac.O-30 Gts., in Survey No. 26814113, and 2691613, situated at Parsapur Village, Kodangal Mandal, Vikarat)ad Dist., TS, without paying compensation and without following due proces:s of law and without paying fair compensation under The Right To Fair Comprensation and Transparency in Lard Acquisition Rehabilitation and Resettlemenl: Act 2013 as illegal, arbitrary and u n co nstitutional. Consequently this Honble Oourt may be pleased to direct the Respondents not acquire the Petitioner's property i.e., all that the agricultural land admeasuring Ac.0-30 Gts., in Survey No. 2$UA113, and 2691613, situated at Parsapur Village, Kodangal Mandal, Vikaratrad Dist., TS, and all that the agricultural land total admeasuring Ac.0-30 Gts., in Survey No. 2681eJ13, and 269/6/3, situated at Parsapur Village, Kodangal Mandal, Vikarabad Dist., TS, without following due process of law and The Right To Fair Compensation and 1-ransparency in Land Acquisition Rehaoilitation and Resettlement Act 201 3 and direct the respondents to calculate the compensation as per the existing market value of land as contemplated under The Right To Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed n support of the petition, the High Court may be pleased to pass an interim direction thereby directing the Respondents no: acquire the Petitioner's property ie., all that the agricultural land admeasuring Ac.0-30 Gts., in Survey No. 268/€1,/3, and 26916913, situated at Parsapur Villatle, Kodangat Mandal, Vikarabad Disi., TS, and all that the agricultural land total admeasuring Ac.0-30 Gts., in Sun,ey No.268lA'l/3, and 26916.13, situated at Parsapur Village, Kodangal Mandal, Vikarabad Dist., TS, without following due proce,ss of law and The Right To Fair Compensation and Transparency in Lant.l Acquisition Rehabilitation and Resettlement Act 2013. Counsel for the Petitioner: SRI MOHAMMED ADAM Counsel forthe Respondent No.1: GP FOR MCPL ADMN & URBAN DEV Counsel for the Respondent No.2: cp FOR ROADS & BUILDINGS Counsel for the Respondent No.3 to 6: Ms. RADHA SANEEPTI REDDY, AGp FOR REVENUE (LAND ACQUISITIoN) The Court made the following: ORDER 3t HONOURABLE SRI JUSTICE N.V.SHRAVAN KUM.AR WRIT PETITION No.1 2185 0F 2025 ORDER: This writ petition is filed to declare the z''ction of respondents in making efforts to acquire the proper ty of the petitioners i.e., zLll that the agricultural land admeasuring Ac'O- 30 gts., in Sy.No.268 IEL/3, and269 lUl3 situated at Parsapur Village, Kodangal Mandal, Vikarabad District (subj':ct land) without paying t:ompensation and without follou'ing due process of law as illegal and arbitrary and consequenl ly direct respondents t.to' to acquire the subject land u'ithout following due process of [il'r'v.

2. Heard learned counsel for the petitioner and lMs'Radha Sandeepti Reclcly, learned Assistant Government Pr eader for Revenue (LarLci Acquisition) appearing on behalf of r":spondent Nos.3 and 4

3. The pe:itioner's case is that the respondent z''uthorities are proceedirLg to acquire the subject land without foll cwing due process of la,,v ;rnd n'ithout paying the fair compensation as per r I l i i, i i I I I i l i I I I ) Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation a_nd Resettlement Act, 2013.

4. Learned Assistalt Government pleader for Revenue (Land Acquisition) has placed a copy of instructions issued by Tahsildar, Kodangal Mandal i.e., respondent No.5 herein, whereby it is stated that no land acquisition proceedings have been initiated in respect of Sy.Nos.26B/El/3 and. 269/lJ/3 of Parsapur Village, Kodangal Manda_l and the office of Tahsildar has not issued any request to the petitioners to hand over possession of the said property lor the purpose of laying a road and as such the allegations marle by the petitioner is false and baseless. Learned Assistant Government pleader, based on instructions, would submit that respondent authorities have no proposal to acquire the subject larrd and that they would follow due process of law before initiating any action against the subject land.

5. Recording the submissions of learned Assistant Government Pleader for Revenue (Land Acquisition) ald with the consent of learned counsel on either side, this writ petition stalds closed. ,/' Miscelianeous petitions, if any, pending in rhis writ 3 i petition shall s;tar-id closed' No costs. SD/- A. SREENIVASA REDDY AStsrANr tEGtsIR4I_ /, J 1. One CC to SRI IVOHAI/MED ADAtVl, Advocate [OPUC] 2. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at ', .=.r'o* oFFrcER //TRUE COPY// To, Hyderabad [OIJT]

3. Two CCs to GP FOR MCPL ADMN URBAN DEV, High Court for the State of Telangana at Hvderabad [OUT]

4. Two CCs to GP FOR ROADS & BUILDINGS, High Court for the State of Telangana at Hvderabad [OUT]

5. Two CD Copies BSR CC TODAY ST4j; --.-- (.:. J 1 2 B tfr Zffii ...'*..,. 7 .-a\ -..i..,.,-t\l-!: i,, ,) t '. ' .l HIGH COURT DATED:2310412025 ORDER WP.No.12185 of 2025 I' ! t' i i ; I i I i i I I I i ! t 1 i I I CLOSING THE WRIT PETITION, WITHOUT COSTS // 4,/ ./)J

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