High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ or direction preferably Writ of Mandamus declaring the action of the respondents 2 and 3 in making construclion of electrical sub-station in the land of the petitioner to an extent of 1065.55 sq.yards in Sy.No.142 situated at Gollagudem area, Kothagudem Town of Bhadradri-Kothagudem Dist., without issuing any notice and without initiating land acquisition proceedings is illeigal, arbitrary, violative of principles of natural justice and also violative of Art.300-A of Constitution of lndia and consequently direct the respondents and their staff not to dispossess the petitioner from lhe land in any manner. i;a! i l.A. NO: 3 oF 2017(WPMP. NO: 36444 O F 20171 Petition under section 151 cpc praying that in the crrcumstances stated in the affidavit frled rn support of the petition, the High Cou( may be pleased to receive the document i.e., Sale deed dt:14-2_.1968 (Engtish translation); Will deed dr:22-3-1977 (Enoridrr transration) and payment of sisthu receipts (Engrish translation) in W. p. No.2494 7/2011 aswell as in W p.M.p. Nc,.3216512O17 Counsel for the petitionei:.SRt M. M. M. SRINIVASA RAO Counsel for the Respondents: SRI ZAKIR ALI DANISH ( SC FOR TGNPDCL ) The Court made the following: ORDER t l I l l-i HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION 0.25947 ot 2OL7 OBDER: Heard Sra M.M.M.Srinivasa Rao, learned counsel appearang on behalf of the petitioner and Sri Zakir Ali Danish, learned Standing Counse! for TGNPDCL appearing on behalf of the respondents.

2. The Detit ond aoDroached Court seekino Draver as under: / "...to issue writ or direction preferably Writ of Mandamus declaring the action of the respondents 2 & 3 in making construction of electrical sub-station in the land of the petitioner to an extent of 1065.55 Sq. yards in Sy.No.142 situated at Gollagudem area, Kothagudem Town of Bhadradri Kothagudem Dist., without issuing any notice and without initiating land acquisition proceedings is illegal, arbitrary, violative of principles of natural justice and also violative of Art. 300-4 of Constitution of India and consequently direct the respondents and their staff not to dispossess the petitioner from the land in any manner, and pass such other or further orders rs this t-tonlble Court deems fit and proper in the circumstances of the case." 2 SN,J W.P.No.2S947 ot 2OL7

3. The case of the petitioner, in brief, is that the Petitioner is the owner and possessor of the land to an extent of 1065.55 Sq. yards in Sy.No.142, situated at Gollagudem area, Kothagudem Town er Bhadradri- Kothagudem District having purchased the same from R.Venkateswar Rao and R.Jay Kumar and the petitioner constructed a compound wall, dug a well, and built a small room in the said land. However, on 01.04.2016, the Municipal authorities and Revenue Officials demotished the compound wall and room without issuing any notice to the petitioner, causing significant damage on the g{ound that the subject land is Government land. Despite the request of the petitioner, the authorities have failed to conduct a survey to determine the status of the subject land. Later, the petitioner filed W.p.NC,.20674 of 2017 and this Court directed the respondents not to dispossess the petitioner without following due process. However, the respondents have started constructing an electrical sub-station in the subject land without issuing any notice or without following due procedure. Aggrieved by the same, the petitioner filed the present writ petition. .-----.... 3 SN,J W.P.No.25947 of 2017 e the resDon ent No.2 and he relevant Dortion of the d r rtsex racted he reu nder: "In faat the then Superintending Engineer (OP Circle), Khammam, vide Letters Dt. 07-01-2016 and Dt.30-01-2016 requested to the District Collector, Khammam to allot Government land to an extent of Ac. 1-00 at pragathinagar (Gollagudem area), of Kothagudem for construction of 33/11 KV_ Sub Station for the need of people residing and also.. to overcome the low voltage problems for the people. The then District Collector, Khammam District by its letter Dt. 18.01.2016 and 16-0]-2016 to the Revenue officials, Kothagudem to allot the Government land to the Respondents. Consequently, the Tahsildar, Kothagudem on verification and enquiry found 1482 Sq.yards in Sy.No. 142 of Pragathinagar (Gollagudem area), Kothagudem through his letter RC.No.B/274/2OL6. Dt. 29.07.2016 informed the Dist Collector that the land in Sy No 142 to an extent of t4BZ Sq yards is a Govt Land and vacant he also filed pahani Extracts and location sketch with a specific information that the land is free from Encroachments a nd the sa me was allotted and on 12.08.2016 the said site was handed-over under a cover of panchanama, to the Superintending Engineer (Op-Circle), TSNpDCL, I II 4 sN,l W.P.No.25947 of 2017 Khammam. After handing over the possession of 1482 Sq. Yards the proposal for erecting 33/11 KV Sub-Station, Pragathinagar in Kothagudent town of Kothagudem division as the consumers of Electricity in Pragathinagdr, Ganesh basthi, Gollagudem and Hemachand ra pu ra m as such the Superintending Enqineer, Khammam requested to accord approval for erection of 33/tl KV Sub-Station at Pragathinagar in which the vacant site of Government land was allotted. Accordinolv the construction of Electrica! Sub Station works. . are started on 2O.O5.2017 and its under m tion ra nsform k receivinq notices at no point of time the oetitioner r ised anv obiection wit anv of the respondents. As such, the contention o the petitioner that she is the owner and possessor of the land and she objected for construction oF Electrical Sub Station is false False." nd till

5. Learned counsel appearing on behalf of the petitioner fairly submits that the prayer as sought for by the petitioner in the present writ petition cannot be granted in view of the fact that the construction of electrical sub-staticn which had commenced in the year 2077, had already been concluded 5 SN,J W.P.No.25947 of 2O17 and hence, liberty may be given to the petitioner to avail the remedies as are available under law for payment oF compensation to the petitioner.

6. Taking into consideration the averments made in the counter affidavit filed on behalf of the respondent No.2, and duly considering the representation made by the learned counsel appearing on behalf of the petitaoner, the writ petition is disposed of giving libefi to the petitioner to avail the remediet ". ".. available under law for payment of compensation to the petitioner. However, there shal! be no order as to 'costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petitio n shall also stand closed //TRUE COPY// SD/. L. VIJAYA LAXMI ANT REGISTRAR ASSI ECTION OFFICER \ The Chairman and Managing Director Northern Power Distribution Company "i'i"'r"l"ii"i' Lto., oio N"lr.iriqlita, Hanamt<onoa' waranoal Dist The Diviiional Ensineer top"L"tili'"il r'ritif'"tn po*e' DistribJtion Company of Telanqana Ltd., opp en,rJi'ill"iit'-kiihagudem' Bhadradri-Kothasudem ?iltJ Du,r,on", Engineer (constructions) Northern,Power' .Distribution il;;;;;;ii;l"Xgr-"; iito.,VLlr";tu k Roaa' Khammam town' Khammam Dist. 5,iJcc ro sri M. Ivl. M. srinivasa Rao, Advocatetg?Ugf-. il; 6d i6 s",i 2ir.ii Ai oanisnl-Sc ToTTGNPDCL ) [oPUCl Two CD CoPies To, 1

2. J 4 q o TJ GJP *"- l I HIGH COURT DATED:2810112025 ORDER WP.No.25947 o12017 ,p q o t\E STAIE oF ( 2d ll\Afi 2$25 * Df .sp^1C rr( DISPOSING OF THE WRIT PETITION WITHOUT COSTS a T LI X'u t Ct ao., 'l I i I I I I I