High Court · 2025

Petitioq under Artiele 2?6 of the Conqtitution pf lndiq praylng that in the circumstances stated in the affidavit filed therewith, lhe High Court may be pleased to issue a Writ, order or direction, more particqlarly one in the nature of WRIT OF \4{ryDAMUS Qgclaring lhe aclion of the rq;poldentq in not paying compensatiqq to the pelitaoner for asquiripg the land for the develgpmenl of NH' 1618 i0 respect qf Ac.2.00 gts in Sy.No.2BiTA1 situated at Jukal Village, Naranyankhed Mandal, Sangareddy District as illegal, arbitrary and against to the provisions of Right to Fair Compensation an( Trqngpa5ency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCILARR Act, 2013) and violation of Articles 14. 19. 21 and 300-4 of the Constitution of lndia and 4ilF{a consequently direct th'3 respondents to pay compensation to th'e petitioner for acquiringtheland,clrdeve|opmentofNH-l6lBontheabovesubjec:tproperty. lA NO:1 O 2025 PetitionunderSectionl5lCPCprayingth3tilthecircum'stancgss!?!ed in the affidavit filed in support of the petition, the High Court maV-!e :11":1* direct the rgqpondents tq cor.rgider the repreqentql;en' 'dated 23 0:! 20!Q of lfq petitionertqpayiheCompenqatiqntothepetitiqnertoracquirinothelan{for in rpspegt qf As'Z'00 gts in 9y No 2BlTS'! sitpated at development of NH-1€i1B Jrxat Vittrge, Narar.ryankhed ManC?!, sangareddy District' pendirrg disposai of the aboye Writ PetitiPr. Counsgt for the Petitiongr; Sfll Y'Agt{OK BAJ Cpunsel fo1 !tr9 Rqspondent No'1 tQ 4: GP FOR LAND ACQUISITIOU The Cqurt made the follora,ringi OBDER THE HONOURABLE SRr JUSTICE N.V.SHRAVAN KUMAR WITIT PETITION No.12731 of 2025 ORDER: Heard learned counsel for the petitioner 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 has been filed seeking the following prayer:- "to declare the action of the respondents in not paying compensation to the petitioner for acquiring tlrc land t'or tLrc deaelopment of NH- 1678 in respect of Ac.2.00 gts in Sy No.2B[A1., situated at lukal Village, Naranyankhed Mandal, Sangareddy Distict, as illegal, arbitrary and against to the proaisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehtbilitation and Resettlement Act, 2073 (RFCTLARR Act, 201-3) and oiolation of Articles 14, 19, 27 and 300-A of the Constitufion of lndia and consequently direct the respondents to pay compensation to the petitioner for acquiring the hrnd or deoelopment of NH-1618 on the aboae subject property."

3. Brief facts in this writ petition are that petitioner claims that earlier her l-rusband Sri.Kethavath Ambrya Naik, was assigned land to an extent of Ac.2.00 gts in Sy.No.28/TA, situated at Jukal Village, Naranyankhed Mandal, Sangareddy District and thereafter, the petitioner's husband started cultivating the above said land, After, demise of petitioner's husband, petitioner being the legal heir claims to be the owner of.the subject proPerty and the petitioner was issued pattadar passbook bearing No.T09160230756 and aide Khata No.60155 petitioner's name was recorded in the revenue records, thereafter, the petitioner it as in peaceful possession of the subiect property. Further case is that the respondent authorities, for the purpose of \ I 2 stretching of land f rom Km.0.000 to Km.29.580 NH161B near Nizar npet village and Mandal of N'arayankhed Division, Sangareddy District, Froposed to acquire the lands; ,n the Sangareddy District and the respondenl authorities under Section 3(A) of the National Highway Act (hereinafter refe rred as'the Act'), issued drafr notification dated 28.07.2021, wherein the petitioner's subject lands n.;rs also mentioned. Thereafter, the Central Gor.er.nment ride Gazette No.S.O.2635(E) and Gazette No.2444, dated 30.06.2021 ha,l approvecl the draft notificalion dated 28.01.2021. Subsequently. respondent i\o.3 issued notice dated 20.05.:>-023, wherein the petitioner was directed tc appear in person before the respondent No.3 and submit relevant docume,nts. Hence, the petitioner harl approached the respondent No.3 and submrtted relevant documents. Thereafter, respondent No.3 passed award dated 13 02.2024 lor an amount of Rs !1,q2,538/- for acquiring the petitioner's land.

4. Learrred counsel for the petitioner submits that subser:uently the petitioner appro.:Lched the respondent No.3 for payment of cor,rpensation, however, respond(:nt No.3 refused to pay thc same on the ground of complaint/objections raised by respondent No.5. Thereafter, petit roner made a detailed represr:ntation on 23.0'1.2025 and requested respondent . rio.3 to pay the compensation to the petitioner for the acquired subiect land. I{()wever, the same is still pending for consideration. Aggrieved by the sarn, ,, this writ petition is filed.

5. Learned counsel for the petition". i\it -it, that the petitioner,s name is reflected in the ROR proceeding in respect of the subject property ,rnd inspite \, "".r'" 3 of detailed dated 23.01.2025, the respondent authorities are not payin8 the compensation to the petitioner, hence, pray this Court to direction tle respondent No.3 to dispose the petitioner,s representations d,ated.23.01.2025, in a time bound period.

6. Learned Assistant Government pleader appearing for respondents submits that if the petitioner representations aatea zz.u.zoz5 is st l pending for consideration; the respon<Ient authorities may be directed to dispose of the said representation and pass appropriate orders in accordance with law.

7. In view of the submission made by learned counsel on either side and without expressing any opinion on the merits of the case, this writ petition is disposed of directing the respondent authorities to dispose the petitioner,s representation dated 23.01.2025, by putting notice on respondent No.5 and after giving fair opportunity of hearing to both the parties, the respondent authorities shall pass appropriate orders sLrictly 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 petitioner.

8. Accordingly this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs. To, //TRUE COPY// SD/-K. SREE RAMA MURTHY EPUTY REGISTRAR SECTION OFFICER

1. The PrincipalSecre!1ry, Revenue Department (Land Acquisition), Secretariat, Hyderabad, State of Telangana.

2. The District Collector, Sangareddy District. 7 I I -/ '/

3. The Revenue Divisional officer, Narayankhed Revenue Division, sangareddy District

4. The Tahsildar, Narayankhed lvlandal, S4ngareddy District 5. One CC to SRI Y ASHOK RAJ, Advocate tOpUCl 6 Two CCs to GP FOR LAND AqOptSlTtON, High Court for the State of Telangana [t)UT] /

7. Two CD Cop,es wBSR BS HIGH COURT DATED:2510412025 \ ORDER WP.No.12731 ot 2025 CC TODAY --{t 1E srAfe oe. q ( o \ -) i() il-) 111 t'll\Y ilm i:. ,1 r(rO { * DISPOSING OF THE WRIT PETITION, WITHOUT COSTS 1o .da S"