1. V.Narsimha Reddy S/o.late V.Anant Reddy v. The Government of Andhra Pradesh

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to acquire the land an extent of Ac.1-00 odd or such area occupied by the road and underground drainage pipeline in Sy.No.87, 87/q, and 88/o , BB/ A, 88la? of Alampally Village, Vikarabad Mandal, R.R. District while considering lhe representation dated 11-1-2013 Rl/w. Reference of legal notice daled 16-2-2013 forthwith, pending disposal of the main W.P. Counsel for the Petitioners: SRI Y.RAJI REDDY Counsel for the Respondents No.1to5: GP FOR REVENUE Counsel for the Respondents No.6&7: SC FOR MC The Court made the following: ORDER HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.13993 of 2Ol4 ORDER: This writ petition is filed seeking the follou'ing prayer:- " . . . directing the respondents to acquire the land to an extent of Ac.L-OO gts., and odd or such area tuhich is occupied bg the Pucca road and underground drainage in Sg.Nos.B7, 87/A and BB/A, BB/A2, BB/A3 of Alampally uillage, Vikarabad Manda| RR Distnct and pag the compensation suitablA to the petitioners as earlg as possible to issue a Wit or Order or direction more speciJicatlg one in the nature of writ of Mandamus declaing th.e action of the respondents rnore parttcularly Respondents -f[os.6 and 7 hauinq been illegally encroacLrcd uporu ouer the land ctnd laid the road and underground drainage pipeline in and ouer the land to an extent of Ac.L-OO odd or such area occupied by the road and drainage pipe in Sg.Nos.B7, 87/ A and BB/ A, BB/ A2, BB/A3 of Alampallg uillage, Vikarabad Mandal, RR Distict (subject lands) as Arbitrary, illegal, uoid, unlawful and is in uiolation of the prouisions of The Right to Fair . Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 and that the petitioners are discriminated under Art 14 of the Constitution of India and further declare that such action of the respondents is in uiolation infrtngement of ight guaranteed U/ Art 300A r/ u Art 21 of Constitution of India and to direct the respondents to deliuer the phgsical possession of the land of area occupied bg the road and underground drainage pipeline to tle petitioners herein after remouing tlle roa.d and underground drainage pipeline laid..."

2. The facts of the case in brief as stated are that petitioners claims to be owners of subject land and a 3 feet width pathway is in existence and the same is passing through 2 \ petitioners lands which is exclusively used by petitioners. The Mar-rdal Revenue Ofhcer issued title deeds and pattadar passbooks in favour of petitioners. The grievance of the petitioners is that respondent Nos.6 and 7 have illegall1' encroached thc said pathway and are laying 20 feet road and have already laid underground drainage pipe line in and over the said 2O feet land without any permission and consent from the pctitioners. It is further submitted that respondent Nos.6 and 7 have neither paid any compensation to the petitioners nor have shou,n art1' alternative pathway. Questioning the same, the present writ petition is filed.

3. When the matter is taten up for hearing, no counter afhdavit has been filed by the respondents. In the affidavit, petitioners have enclosed old title deeds issued by the then Governrnent of Andhra Pradesh, however, no concrete evidence has been liled to the extent of the road being laid on the subject iand except stating that some land has been encroached -

4. The matter is now in the caption For Referral to Special Mediation Drive (for the Nation)'. In that view of the matter, -14* t i I I I I ., since there are disputed questions of fact and that the claim of the petitioners is with regard to encroachment of their pathway by respondent Nos.6 and 7, as such the same has to be ascertained by respondent Nos.6 and 7 . Accordingll', this writ petition is disposed of with a direction to respondent authorities to consider the case of the petitioners b1, putting all the concerned parties on notice and after giving a fair opportunity of hearing, pass appropriate orders strictly 1n accordance r'vith law and thereafter communicate the same to the petitioners.

5. This writ petition stands disposed of. Miscellaneous applications, if aly pending, shall stand closed. No order as to COSTS //TRUE COPY// SD/. L. VIJAY ISTANT MI ISTRAR SECTION OFFICER

1. The Chief Secretary Secretariat, Government of Tel 2. The Prl. Secretary for Land Acquisition, Government of s na, Hyderabad elangana, Secretariat, Hyderabad.

3. The Prl. Secretary for Land Revenue,Government of Telangana, Secretariat, Hyderabad.

4. The Prl. Secretary for M.A. and U.D., Government of Telangana, Secretariat, Hyderabad. I I I To, \

5. The District Collector, Ranqa Reddy District Hyderabad 6. The Commissioner, Vikarabad Municipality, Vikarabad, R.R.District 7. The Special Officer-sub-Collector, Vikarabad Municipality, Vikarabad Ranga Reddy District. \ \

8. One CC to SRI Y.RAJI REDDY, Advocate. [OPUC] 9. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT]

10.One CC to SC FOR MC,TELANGANA [OPUC]

11.Two CD Copies. BSK 0{ HIGH COURT DATED:2910712025 -::l'141, t L) 'l 0 7 itB 2[26 * t)E .i( (:) 4 -Y ORDER WP.No.13993 of 2014 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,{B $vA