High Court · 2025
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THE HONOURABLE SRI JUSTICE N.V.SHRhVAN KUMAR WRIT PETITION N O: 14355 OF 2025 Between:
1. Konukati Lachi Reddy, S/0. Ir/allaiah, Age- 57 years, Occ_ Agriculture, R/o 2 K. Ramesh Reddy, S/o. Lachi Reddy, Age 37 years, Occ- private Employee, Neelojipalli Village, Bciinpalli Mandal, Rajlnna Sirci a District. R/o. Neelojipalli Village, Boinpa i tr,4dndaT, Rajanna Sirci a District.
3. Anumula Ramaiah, S/o lr,4allaiah, Aged 70 years, Occ- Agriculture, R/o. Neelojipalli Village, Boinpal lr4andal, R-ajanna Sircilta District. AND 1 State of.Tel:llgana, Rep.by its principal Secretary ,Revenue (Land Acquisition) Department, Secretariat, Tank Bund jfbad, Hydeiabad. The Special Deputy Collector, LA., Unit-Vil, FFC/MMR AND DR.BR Ambs.,dkar PCSSP, Collectorate Complex, Rajanna Sircilla District 2 ..PETITIONERS ...RESPONDENTS Petition under Anicre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit filed lherewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondent No.2 herein in not referring the Award No. 09 /201S-16, fite No. F1238t2O12, dated_ 06_11_2015, Award No. Nil /2016-17, fite No. F1238t2012, dated- Nit_06_2016, Award No. 07 12015-16, file No. F/238/2012, dated- 14-10-201s pertaining to the petitioners properties / structures bearing H.No. 1-79, 2-49 and 1-16 situated at Neelojipalli Village, Boinpalli Mandal, Rajanna sircilla District, under Section 64 of Act 30 of 2013 to the LARR Authority, at Hyderabad for enhancement of compensation pursuant to the applications dated- 2g-O1-2016,05-07-2016, 22-01-2016 and 01- 09-2022 as illegal, arbitrarf, unfair, discriminatory and in violation of Articres 14, '3y:' 21 and 300-,q of the Constitution of lndia and contrary to the Provisions of Act, 30 of 2013 and consequently direct the Respondent No. 2 herein to refer the Award No. 09 /2015-16, file No. F123812012, dated- 06-1 1-2015, Award No. Nil /2016-17, file No. F123812012, dated- Nil-06-2016, Award No. 07 /2015-16, file No. F123812012, dated- 14-10-2015 pertaining to the Petitioners properties / structures bearing H.No. 1-78, 2-48 and 1-76 situated at Neelojipalli Village, Boinpalli Mandal, Ralanna Sircilla District, Under Section 64 of Act 30 of 2013 to the LARR Authority, at Hyderabad for enhancement of compensation in terms of the, application dated- 29-01 -2016, 05-07-2016, 22-01-2016 and 01 -09-2022 lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the pelition, the High Court may be pleased to direct the Respondent No. 2 herein to refer the Award No. 09 /2015-16, file No. Ft23812012, dated- 06-'1 1-2015, Award No. Nil /20 16-17, file No. F123812012' dated- Ni1-06-2016, Award No. 07/2015-16, file No. F 123812012, dated- 14-10- 2015 pertaining to the Petitioners properties / structures bearing H.No. 1-78' 2-48 and 1-76 situated at Neelojipalli Village, Boinpalli tr4andal, Rajanna Sircilla District, Under Section 64 of Act 30 of 2013 to the LARR Authority, at Hyderabad for enhancement of compensation in terms of the applications dated- 29-01-2016' 05- 07-2016, 22-01-2016 and 01-09-2022 pending disposal of the Writ Petition. Counsel for the Petitioners : SRl. B. ARJUN RAO Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following: ORDER .d THE HON'BLE SRI JUSTICE N.V. SHRAVAN KUMAR WRIT PETITION No.14355 of 2o25 ORDER: The present writ petition is filed to declare the action of respondent No.2 in not referring the Award No.09ll2015-16, file No.F123812012, dated 06.11.2015 pertaining to the petitioners' properties/structures bearing H.Nos. 1-78, 2-4a and l-76 situated at Neelojipalli Village, Boinpalli Mandal, Rajanna Sircilla District under Section 64 of Act 30 of 2013 to the LARR Authority, at Hyderabad for enhancement of compensation pursuant to the applications dated
29.O 1.2O 16, 05.O7 .2O 16, 22.O I.2016 and O 1.O9.2022 as illegal and arbitrary arid consequently direct respondent No.2 to refer the said award for enhancement of compensation.
2. Learned counsel for the petitioners submits that the Land Acquisition authorities have taken possession of the NVSI(,J W.P.No- 14355 of 2025 2 petitioners' property bearing H.Nos. l-78, 2-4a and t-76 situated at Neelojipalli Village, Boinpalli Mandal, Rajanna Sircilla District by awarding atr arnount of Rs.45,44,356 l-, Rs.45,36,184 / - and Rs.34,92,417 / - for H.Nos.7-78, 2-48 and l-76 respectively and the sarne are credited to the petitioners' accounts on 24.12.2015,
09.12.2016 and 19.12.2015 respectively which is inclusive of statutory benefits. It is further submitted that at the time of acquisition, the concerned authorities have not taken measurement of subject houses properly effected under acquisition ald have wrongly estimated and undervalued the dwelling area and structures value It is further submitted that the respondent authorities neither at the time of taking measurements nor at the time of taking physical possession issued notice to the petitioners which is in violation of provisions of Land Acquisition Act, 1894. In that regard, petitioners have made representations on 29.Ot.20t6, 05.O7.2016,
22.01.2016 and 01.09.2022 to respondent No.2 i.e., ! I I I ! I I I t NVSK,J W.P.No.14355 of 2025 3 Special Deputy Collector, LA, Rajanna Sircilla District for enhancement of compensation and fixation of fair market vafue.
3. Though varlous grounds are raised in the writ petition, learned counsel for the petitioners restricts his prayer seeking a direction to respondent authorities to dispose of the petitioners' representations dated
29.O 1.2O 16, 05.O7 .2O 16, 22.O t.2016 and O L.O9.2022 in a time bound period
4. Learned Assistant Government pleader for Land Acquisition appearing on behalf of respondents submits that if the said representations are still pending for consideration, the respondent authorities may be directed to dispose of the petitioners, representations, dated 29.O1.2016, O5.O7.2Ot6, 22.Ot.2016 and O1.O9.2O22 and pass appropriate orders in accordance with law. t I NVSK,J w.P.No.l4355 ot 2O25 4
5. In view of the sr-rbmission made by the learned counsel on either side and without going into the merits of the case, this writ petition is disposed of directing the respondent authorities to dispose of the petitioners' representations, dated 29.O1.2016, O5.O7.2076,
22.01.2016 and 01.09.2022 and pass appropriate orders strictly in accordance with law, AS expeditiously AS possible, preferably within a period of eight (O8) weeks from the date of receipt of a copy of this order by putting all the concerned parities on notice and after giving a lair opportunity of hearing to all the concerned parties and communicate the same to the petitioners.
6. With the above observations, writ petition 1S disposed of, accordingiy. No costs. Miscellaneous applications, if any pending, shall stand closed SD/. M.oSMAN'ATI BATG TANT REGISTRAR S //TRUE COPY// ECTION OFFICER To, '1 The Princioal Secretary ,Revenue (Land Ac!uisition) Department' Secretariat' Tank Bund Road, Hvdi:rabad'The State of Telangana
2. The Special Deputy Collector, LA.' Unit-Vll, FFC/NiIMR AND DR BR' - ni'lixlJr,Ji pCSSi5, cottectorate complex, Ralanna Sircilla District
3. One CC to SRl. B. ARJUN RAO, Advocate [OPUC] 4. Two CCs to GP FOR LAND ACQUISITION ,High Court for the State of Telangana. [OUT]
5. Two CD CoPies ff- ;*f&,ffiWK'*zY-x-# HIGH COURT {5 DATED:0210512025 1HE S T4r 6 18 AIJB zffi ( e) .J 1-) \ ( ?: o ..,! , ORDER WP.No.14355 of 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS (+--- i6 6