1. Gone Raiaiah v. 1. The State of Telangana
Case Details
Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleasedtoissueawrit,orderordirectionmoreparticularlyoneinthenatureof Writ of lVlandamus declaring the action of the Respondents in not providing compensationandtheRehabilitationandResettlementPackagestothe petitioners i.e. agriculturat land admeasuring Ac'1'36Gts bearing sy no' 351/A r I i I i i t I I I I i I i i l, I i : I i I I I i ! II Ii I belonging to petitioner no.'1 and land admeasuring Ac.2.20gts bearing to petitioner no.2 situated at N/achapur village, sy.no.351/82 belonging Geesugonda Mandar, warangar District and iflega y entering into the petitioners land and digging pits for raying of high tension erectricity rines as ilegar and arbitrary, viorative of the provisions of the Right to Fair compensation & Transparency in Land Acquisition, Rehabiritation and Re-setflement Act 2013 (LA Act 2013), Afi., 21 and 300-4 of the constitution of tndia and consequenfly direct the respondents to not to dispossess the petitioners or interfere with petitioner agricultural land admeasuring Ac.'1 .36Gts bearing sy.no. 351/A beronging to petitioner no.1 and rand admeasuring Ac.2.20gts bearing sy.no.351/82 beronging to petitioner no.2 situated at Machapur village, Geesugonda ltilandal, warangal District without following due process of law and stricfly pay the compensation and Rehabilitation and Re-setflement packages in accordance with provisions of the Right to Fair compensation and rrpnsparency in Land Acquisition, Rehabiritation and Resettlemerit Act, 2013. lA NO: 1 OF 2025 Petition under section 1s'r cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased to issue a direction, directing the respondents to not to carry any construction work in agriculturar rand admeasuring Ac.1.36Gts bearing sy.no. 351/A beronging to petitioner no.1 and rand admeasuring Ac.2.20gts bearing sv.no.351/B2 beronging to petitioner no.2 situated at [Vrachapur viflage, Geesugonda tr,4andar, warangar District. Counsel for the Petitioners: SRI ABDUL AZAM KHAN Counsel forthe Respondent Nos.1,4,5 and 6: Gp FOR REVENUE Counsel for the Respondent No.2: Gp FOR ENERGY Counsel for the Respondent No.3: SRI N. SRIDHAR REDy, SC Counsel for the Respondent No.7: SRI K. PRADEEP REDDY, SC The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION N0.15482 of 2025 ORDER Heard learned counsel lor the petitioners and Sri N.Sridhar Reddy, learned Standing Counsel appearing for respondent No.3. ) The petitioners are aggrieved by the action of the Respondents ln not providing compensation and the Rehabiiitation and Resettlement Packages Lo the petitioners i.e., agricultural land admeasuring Ac. 1.36 Gts., bearing sy.no.351/A petitioner no- 1 and land admeasuring Ac.2.2O belonging to gts bearing sy-no.351/El2 belonging to petitioner no.2 situated at Machapur village, Geesugonda Mandal, Warangai District and illegally entering into the petitioners land and digging pits for laying of high tension electricity lines as illegal and arbitrary, violative of the provisions of the Right to Fair Compensation & Transparency in Land Acquisition Rehabilitation and Resertlement Act 2Ol3 (LA Act 2O13), Art., 2t and 300-4 of the Constitution of India, with a consequential prayer, not to not to dispossess lhe petitioners or interfere with petitioner agricultural land admeasuring Ac.1.36 Gts., bearing sy.no.35l/A belonging to petitioner no.l and land admeasuring Ac.2.2O gts., bearing sy.no.35l /82 belonging to petitioner no.2 situated at Machapur village, Geesugonda Mandal, Warangal District. without following due process of law. -rl, v 7 \ -- -'1 -r
3. lrarned counsel lor the petitioners submits that the petitioners claims to be absolute owners oi the land admeasuring Ac.2.O5 g[s., in Sy.Nos. 351/A and 358/B situated at Machapur village, Geesukonda Mandal, Warangal District, ani a copy of the pattadar passbook is also hled. He would further submit that the respondents have already started the work and has dug the pit holes for the purpose of erecting the high-tension electric lines on the subject property. The Teiangana Government issued notification, dated 16.06.2022 lor the purpose of erection of the transmission lines, sub-stations and ba-v extensions and in the said notihcation, serial No.3 pertains Lo the work being carried out for erection of 22OKv DC line from existing 22OKV Pulukurthy SS to Proposed 22O/132l33KV sub-station at Kakatiya Mega Textile Park (KMTP) with a transformer capacity ot 30 MB ancl he submits that the compensation rvhich has to bc paid to the land losers i.e., the petitioners. Any compensation over and above, the petitioners are aggrieved may approach the civil Court in terms of the Hon'ble Supreme Court in case of The Pouer Grtd Corporation oJ India Llnlted (Supra).
4. Learned Standing Counsel appearing lor respondent No.3 submits that the Honble Supreme Court in case of The Pouer Grid Corpo"ation of India Linited. o. Century Textiles & Industries J Limited. and Othersl, which includes the land owners, wherein held that the petitioner has to Iiie a suit before concerned District Judge for the purpose of claiming compensation. He would further submit that in the similar issue, compensation has already paid to some of the I I land losers, while laying the high-tension [owers.
5. Learned counsel for the petitioner submits that the compensation which was paid to the other land losers in the adjacent owners, the same would be paid to the petitioners pertaining to the extent of the actual land utilized by the respondents. However, submits that the adjoining area ol the petitioners' Iands which would be taken for the said purpose, would be rendered useless.
6. Recording the above submissions, this writ petilion is disposed of directing the petitioners to make an application for the purpose of compensation within a period of one week from the date of receipt of a copy of this order and on such application being filed, the respondent authorities shall consider the same within a period of two weeks from the date of receipt of copy of the application and pass appropriate orders. Further, the petitioners are at liberty to file a suit if they are aggrieved by the compensation paid by the respondents, in terms of the order passed by the Honlrle Supreme Court in case of The Potter Gid Corporation of India Limited (Supra). '1zor;)sscc t+t 4 'l 7 - Accordingly this writ petition is disposecl of- Miscellaneous applications, if any pending, shall stand closed. No order as to costs Sd/. A,H.S. GOWRI SHANKAR ASSISTANT REGISTRAR //TRUE COPY// -QQ, SECIION O FFICER To,
1. The Prl. Secretary, Revenue/ Land Acquisition Dept, Secretariat Building, The State of Telangana, Hyderabad.
2. The Prl. Secretary, Energy Dept., Secretariat Building, The State of Telangana, Hyderabad.
3. The Chairman and Managing Director, The Transmission Corporation of Telangana Limited(TS TRANSCO), Vidyuthsoudha, Hyd-82. 4. The District Collector, Geesugonda Mandal, Warangal District. 5. The Revenue Divisional Officer, Geesugonda Mandal, Warangal District. 6. The Tahsildar, Geesugonda Mandal, Warangal District. 7. The Secretary, Gram Panchayat, Gangadevipalli village, Geesugonda Mandal, Warangal District.
8. One CC to Sri Abdul Azam Khan Advocate [OPUC] 9. Two CCs to GP for Revenue, High Court for the State of Telangana, at Hyderabad [OUT]
10. One CC to Sri Sridhar Reddy, SCIOPUCI 1 1 . Two CD Copies TJ PVL i I i t I I I HIGH COURT DATED:1110612025 ORDER WP.No.15482 ot 2025 3 fzi ,c a.; 03 sEPu6 't tta:"^.. t-u' DISPOSING OF THE WRIT PETITION WITHOUT COSTS