High Court · 2025

226 of lhe Constitution of lndia praying that in the affidavit filed therewith, the High Court may be direction more particularly one in the nature of Writ of Manda us de n d naction of the official respondents more particularly I I t I I i i t: i I I Art J ,.J e ff; I from R respon Sy.No Block n District N o 4 J R e e n I spondents No.1 ent No.6 to 11 is so far as 3, admeasuring 167 Sq.Yds or 5 trying to release the compe,nsation amount to lhe petitroners land lre arinq Plot No.'1 1 in 223.21 Sq.ltlltrs sitrated at Ward No.9, '1 0, RoshandowlL village, Saroornagar Revenue lr/andzrl, Ranga Reddy and Plot ruo t 0, Jdmeasuring 267 Sq.Yds or 223 t3 Sq.Mtrs in Survey r vrllage, Sa roornagar h was acquired by the oB M R Ct D R R o e o t'{ .1 N e d a p e o d 0 d c s a n u d n d a a a a d h n h a s k S S I t r r C C I v v S p o n n S t o r t: 0 F e e ,l R o a d a S a s U n a f U U n c o n s itutional and against t h e p C p S o n a Iu a f e e a S e h o m p J n S a o I t J SU e a n d n S e n U a m o U n h e p e o n e S l 4 3 a d m d a S U I n J 2 6 7 a q Y d S o r 2 2 3 2 1 I v qS d I e ol the respondents to h e nC bea ring Plot No.11 ( S ;rluated at Ward No.9, 1 a a a h n d 0 o o S o SoR vla nda l, Ranga Reddy e s and Plot lo. t O, Jdmeasuring 267 Sq.Yds or 22:l il3 Sq.l\,4trs in Survey ituated at Ward No.9, Block No.10, Roshandowlir villaqe, Saroornagar Mandal, Ranga heOdy District respectively eR s a u n a r r IA NO: oF 2024 I I a I t e tition under Sec ton 151 CPC praying that in thr: r'ircumstances stated idavit fileh in suflport of the p etitron, the High Co rrt may be pleased to !e respondents hLrein not to release the compens ttion amount to the ll respondents rud.O to 1 1 rn respect of the land roaring plot No.1 1 in 3, admea$ur ing 267 Sq.Yds or 223.21 Sq.l\4trs srttrated at Ward No.9, '10, Roshan dowla village, Saroornagar Revenue 14rrnd:rl, Ranga Reddy admeasuring 267 Sq.Yds or 223.).) Sq tr4trs in Survey o.9, Block No.10, Roshandowla '/illaqe. Saroornagar Reddy District, pending dispos:: of the above writ nd Plot No. ituated at Ward N Ma nd al,i Ranga' 10, a I I I I I Q n v N B o c k n D S Cf t No.43, Reven in the d direct tl unoffici Sy. No Block n District No.43, Reven petition IA NO: oF 2025 I Petition undr:r Section 151 CPC praying that in the, , rcunrstances slated in the Jffidavit filed in support of the petition, the High Cor rl may be pteased to permit fhe petitioner to take steps against the respondents f,o.6 to 11 by way of issuing lpaper publicationl in any local darly newspaper as . ubstrtute service of notice tb the respordent No.6 to 11. I I tl' lA NO:i2 OF 2025 Petition under Sec ion 151 CPC praying that in the circumstances stated in the affidavit fltet in su/port of the petition, the High Court may be pleased For the redsons stateld in itht h..o*prnying affidavit, I therefore prayed that this honorable hign cJurt kinJty moOify the previous directions daled 02-04-2025 in l.A No.i I ot 2o25lin W.plr.ro. 16050 of 2025, and permit pubtication in a widely circulated local news papers i.e. Telangana Today, Busi.ness Dairy and Andhra Jyothi inslead of deccan lfrronicle and Eenadu news papers. Counsll for ttre pltitionels: snt. BoDDtKooRt VANI cornrlt to, t,e nLspolna[J, *o..l to 5: AGp FoR REVENUE Counsel for the RbspondLnt Nos.6 to 1 1 : --- The Court at the Stage' o admission made the following: ORDER I I I THE HONOURABLE SRI JUSTICE N.V.SHRAV/'^'J KUMAR WRI'T PETITION No.16050 of 2024 ORDER Hcard learncd counsel for the petitioners and lr,arntlrl Assistant Covcrnment Plcacler for Rcvcnue appearing for rcsponclt'r't Nos'I to 5 With their conscnt this rvrit petitior.r is takcn up for disposal at tlrL' adnrissiotr stage itself.

2. The petitioner is aggrieved by thc action of the rcsl'r' rtlcrrt Nos l to 5 in not rcleasing the compensation amount to the respol l.lt,rrt Ntls.6 to 11 pctitioncrs for the land bcaring Ptot No.11 in Sy.No-43 ,rtl rnt',rsuritrg 267 s(luarc varL'ls or 223.31 squarc metcrs situatcd at Wartl )"' 9, I]lock No 10, Roshanclowla r.'illage, Saroornagar ReYenue Mandal, Rarr,l" llt tltl\' [)istrict anrl Plot No.10 acL.ncas uring 267 square yards or 223.2t 'tluarc' Inetc'rs in Sy.No.4j situated at lVard No.9 Btock No.10 Rosl 'rrrtltrwltr village, Saroorrragar Ret,t:ituc l\4andai, Ranga Redcl'; District respL', I Vclr' (hcreirlafter Icfcl:-cc1 as'subiect propcrty'), which rvas actluired bl thc r ''1:ontlcnts for 150 Fect Road as illellal, unlawful, unconstitutional ancl again.,l ihc Plinciplcs of natui-al justice and seeking a consequential direction tt> rr-'s])r rlclcttts to relcase thc compcnsatiorl amount to the petitioners for tlre subiect nrope itr"

3. llrief facts stated ii1 this writ pctition are that thc L t'.itio;rcl claims to lftc p1,ner anrl p,]sseslscr of the plot No.1l in thc subjcct i) i [)crt'.' w'lrich tvas actluired bY n,a..' of rr:liistercrl sale clccLl datccl 22.08.1'l t'l '''itlc rlor:tii.trent No..i332,/1998. Sirnilariy, Petitiorrcr No.2 claims to l-' iltc otvnet and 2 !=- \ \r.\.. possessor of plot No.10 in the subject property which rvas acquired by way ot registered sale deed dated 07.08.2000 vide document No.6137l2000. It is furthcr submitted that the Governmcnt of Andhra pradesh has acquired the entire plot No.10 admeasufing 267 squarc and plot irio.11 admeasuring 267 squares for widening of RCI road vide proceedings t{o.D/189/94 and nassed the award on 31.10.2006 and at the time of passing the awarcl, the land acquisibion officer had neither issued any notices to the petitioners nor informed the said acquisition proceedings and till today there are no notices showing the delivery of the said property from the petitioners. [t is further submitted that when the petitioners have hieci to construct the compound wall on 20.07.2078, the officials of the defencc authorities came and objected their construction in and over the said property and informed thai the petitioner's plots were acquired by thc government for expansion of cxisting RCI Road through the said proceedings. It is furtl-rer submitted that the officials have also informed that the award was deposited into the account of LAOP No.t14 of 2077 by showing that the amount was not claimed in the said property. It is further submitted that thc petitioncr's plots shown as not claimed by any claimant as per the report sent by them in L.A.O.p.No.rl4 of 2011 and the acquisition officials have not issued any notices to the petitioners, as such the petitioners are unable to clairn the award amount and also to participate in the award enquiry. The petitione,s further submits that they are entitled to receive the compensation which is awarded by the land acquisition officer in respect of part of plot Nos.10 and 11 admeasuring 267 square yards each. It is further submitted that the rcspondents shown the -) petitioner's plots in the said acquisition proceedings and ;rlso awarded an arnount of Rs.67,743/- each for plot Nos.10 and 11 in LACp No.44 of 2011 under Sections 30 and 31 of L.A.Act and submits that no cl:rim is fited by thc petitioners. It is further submitted that the petitioners herr:ir.r filecl a petition for irnpleaciing them in the above said LAOp in thc year 2019 vicle t.A No.1068 of 2019 along with copy of GpA and Rule ri2 pctirion vidc I.A.No.1069 of 2079 b.,t, at the time of filing the said petiti.rL, the petitioners could not filc the affidavit under Rule 33 of C.R.p due to ov.rsight and on the basis of the same, the pctition was dismissed on 05.01.2(124. It is furthcr submittecl that pctitioners recently came to know that thr ..espondents are taking steps for releasing the compensation amount to uno[ficiar rcspondent Nos.5 to 10, the petitioners approached the respondents se'cr.al tirncs stating that they are entiiled to claim the compensation and the respondcnts are refusing to relcase the compensation. euestioning the same, :he present writ petition is f iled.

4. Lcarnecl Assista.t Government preader for [.and AcqLLi:;ition has placccl the instructions submittecl by the Special Depuiy rlollector (LA), I A P Shamshabad, Rangareddy District rvherein it is submittc.d that an extcnt oi 267 +223.21 squ.re 1.ards of land pcrtains to Sv.No.43 ot Rosh..rnudtlorn,la village of Saro.rn.gar N{andal, Ranga Reddy District rvas ;cquired for the purpose of witlening of 150 wide road ancl the compensatior _;anction amount of the [and is n.t relcased and paic till date. It is further subrnrttecr that a totrl of 2539.00 squtrre yarcis of land falling in Sy.No.43 of thc said lillagc nas I ,l I t 4 G\l .\ acquircd and award passed vide proceedings No.D/1E9/1994 dated

31.10.2006 but, the Payment of compensation was not made due to the existence of disputc bctwcen thc parties and pcn.ling clcarance of Urban Lancl Ceiling and non-claims over the plots. It is further submitted that entire compensation amount of the acquired arca was referred under Section 30 of the LA Act to the Hon'ble Prl. Dislrict Judge, Ranga Reddy District for the decision of the Court and since the case was already referred to the Hon'ble Court, so ttris officc do not havc any role to take a dccision on payment of compensation and rcquested to tlircct thc petitioner to approach thc Hon'blc Court.

5. After arguing at length, learned counsel for thc pctitiorlcrs submits that tl-rey would take appropriate stePs in reprcsenting the casc in L.A.O P No.44 of 2011 and pray this Court to pass appropriate orders.

6. Recording the same, the petitioncrs are grantcd liberty to pursue the L.A.O.P.No.44 of 2011, pending on the file of IV Additional Senior Civil Judge, Ranga Reddy District at L.B.Nagar.

7. With the above observatiorrs, this writ petition is disposeci of . Miscellaneous applications, if any pending, shall stand closcd. No order as to costs To,

2. The Prl. Se Hyderabad, The District Reddy Distr The SPL DY Hyderabad, //TRUE COPY' S BHAVANI SWAMY ANT REGIST EC N OFFICER pa(ment, Land AcqhSItion Secretariat. uisition), At kongarkalan, Adibatla Ranga quisition (lndustries), Kogarkalan, Adibatla - R. R. District, lTelangana

4. The Revenui, DivisiEn'al Officer, Land Acquisition (lndu;t'ies), Balapur' s. The Mandai'aeue,ir1e officer saroornagar trrlandal, Rarrqareddy district Telanodna State Hyderabad, sRr B6DDIKOORI VANI, Advocate [oPUC ] 6. One CC to GP FOR REVENUE, High Court for the Slale of Telangana 7. Two CCs to a TwoCDC p ES o I MMT \ l I i l I I i l HIGH COURT NVSK,J DATED:04/ 0e t2025 I ORDER W.P.No.16050 of 2024 ':1;?i\. ' (,1(-'.:. Hi:1 I r..,.r .( ., iJ2!l5 : ii 1! 6 I !/ DISPOSING OF THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS 1\