High Court · 2025

PBtition undqr Article. 226 of the Constitution of lndia praying that in the circumstance$ stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature gf Writ of Mandamus declaring the action of the 3rd respondent not considering the Memo dated 29-06-2024 vide Lr.No.Bl1O74l2g24 qn the file of the R.D.O. Manthani is arbitrary, illegal and against the principles of natural justice consequently direct the 3rd respondent to implement the orders dated 18-04-2023 passed in W.P.No.2g674 of 2013 on the file of this Hon'ble Court in the interest of justice. ---------- IA NO: 10F 2025 Petition under section 151 cPC praying that,n the circumstances stated in the affidavit fired in support of the petition, the High court may no pr."."o ,o oir"", the respondents to refer the matter for determination of adequate compensation for the acquired' rands of the petitioners in pursuance_of section 64 0f R and R Act, 2013 in the interest of justice, pending disposal of this writ petition. Counset for the petitioners:.SRl!!E4A counset ror rhe Respono"nti: ep. F6ft'tiriFfftl,r,r,o,n The Court made the foilpwing; ORDER ATJAZ At=t BAIG -'-------- I THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.13100 of 2025 ORDER: Heard learned counsel for the petitioners and learned Assistant Goyernment Pleader for Land Acquisition appearing for respondent Nos.1 to

5. With their consent, this writ petition is being taken up for disposal at the stage of admission itself. 2 This writ petition has been fileti seeking the following prayer:- "to declare the action of ttk 3,,1 respontlent not consitlering the Memo dated 29.06.2024 tide Lr No.B/1074p024 on the fle of the R.D,O. Manthani is arbitrnry, illegal antl against the principies of natural justice consequently direct the 3,d respondent to implentent the orders dated 18.04.2023 passed itt W.p N0.28674 of 2013 on the fle of this Honble Court."

3. Brief facts in this writ petition are that petitioners claims they are the owners of the land to an extent of Ac.21.20 gts, in Sy.No.g5, situated at Kambalapahad village of Kataram Mandar, Jayshankar Bhuparpalry District. Further case is that the respondent authorifies for the purpose of constructions of new tank across local stream near Kothapally village/Kambala Pahad, Kataram Mandal, acquired the petitioners land to an extent of Ac.4.09 guntas and thc- respondent authorities by fixing meager compensatiory passed award bearing No.4/ 1999-20O0 in file No.B / 2250/ 97 dated 30.08.L99. Aggrieved by the same, petitioners under Section 1g of the Land Acquisition Act, 1894 (hereinafter referred as ,the Act,) filed an application for enhancement of compensation. Subsequently, the Land I Acquisitirrn officcr cum Revenue Divisionar o(ficer, Manthani, Karimnagar district, issued Menro bearing No.B/2250/1.997 dated- 1s.02.2013, stating that the request made by the petitioners was beyond the period of six weeks, as provided under section 18 of the Act. Challenging the same, petitioners filed W.P No.28674 oi 2013 and this Court oide order dated 1g.04.2023, passed the following order:- "7. In the ciratmstances anil for the aforementioned reas<nts, tlrc imprrgntd memo, dated 15.02.2013, is set asitle nnd rtspondent No.3 is further directed to forthzoith make a rcference under Section 18 of tlu Act, 1894 in respect of the lands ncquired ftom the petitioners, nTtered by an Auard No.B/2.250/97, dated 30.08.-1999, and for conxquential steps in that regard. There shall be no order as to costs. 8. Accordingly, tht Wit Petikon is allotoed. There slall be no ordtr ns lo costs."

4. Lcarned counsel for the petitioners submits that subsequent to the order dated 1,8.04.2023 in W.P.No.28674 of 2013, the petitioners on24.04.2024,

07.7-1.2024 and 25.05.2025 made detailed representations an<l requested responclent authorities to refer the matter to the competent authority. How,ever, the same are still pending for consideration. Aggrieved by the same this writ petition is filed.

5. Learned c.unsel for the petitioners submits that the petitioners' lands were acquired in the 1997 and even after lapse of 28 years the petitioners had not received compensation. It is further submitted that the respondent authorities inspite of the clear direction passed in w.p.No.2g674 of 2013 dated

18.04.2023, are not remitting the matter to the competent authority and pray this Court to direction the respondent authorities to implemcnt t[e orders \/ \ I -- *..'l I -----'-7 Passed in W.P.No.28674 of 2013 tlated 1,8.04.2023 and dispose thc pctitioners, representations dated 24.04.2024, 07.11.2024 and 25.05.2025, in a rime bound I period.

6. Learned Assistant Government pleader appearing for respondents submits that if the petitioner representatiorls d,ated 24.0.4.2024, 07 .17.2024 and

25.05.2a25 are still pending for consideration; the respondent authorities may be directed to dispose of the said representations and pass appropriatc orders in accordance with law.

7. Recording the submission made by learned counsel on eithcr side and without expressing any opinion on the merit of the case, this writ petition is disposed of directing the respondent authorities to implement the order dated 18'04'2023 passed in w.P.No.28674 oi 207i and crispose the peritio.ers' representations dated 24.04.2024, 07.1,7.2024 and, 25.05.2025, ancl pass appropriate orders strictly in accordance u,ith law, as expeclitiously as possible, preferably within a period of four (04) weeks from the date of receipt of copy of this order and communicate the same to the petitioners.

8. Accordingly ' this writ petition is disposed of. Miscellaneous applications, if any pending, shail stand closed, No orcler as to costs SD/-P. PADMANABHA REDDY EPUTY REGISTRAR _r- ECTION OFFICER I //TRUE COPY// To 1 2 3 4

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6. 7. B, The secretary, Department of Land.Acquisition, secretariat Buirding, gg9,Rla:.i?! ltyderabad, srate ;a i;ta;;;;-""' """' =" Jil:o?,""tl'fJi"J[:t""j;j",'n'"t<ar anufliip]itv District, co,ector's comprex, I:i".fi[.ff[yJ.;ti5n officer cum Revenue Divisionat officer, Bhupatpaily The Special De p uty Collector (1.A.), Rand R lrrigation Projectq Jayashankar Bhup alp The Su b District, Tela ng One CC to S RI Two CCs to GP FOR LAND ACQUISITI Tela ngana, Tyro QD Co ana State. MIRZA AIJAZ ALI BAIG , Advocate oPUCI yderabaC. [OUT] Kataram Revenue Divrsi on, Jayshankar Bhupalpally ON, High ourt for the State of strict, Telangana State ally Di Collector, AJH Bles HlGH COURT DATED:28104t2025 I ORDER WP.No.13100 of 2025 t f, J+ 02 Iit{'i ?025 t l) !: S rJ A c t DISPOSING OF THE WRIT PETITION WITHOUT CC'STS Oq<# ,/ o- \ I I