High Court · 2025

Petition under Article 2ZA of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, 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 respondents in dispossessing the petitioner from her private patta land in an extent of 0.1 4.18 guntas out of total extent of Ac.0.37 guntas of Sy.No.44lC, Keshavapur Village, Rayaparthi Mandal, Warangal District for the purpose of laying of 21 feet vide violative of Rights guaranteed under Article'14' Constitution of lndia and also the provisions B.T.Road.withoutfollowingdueprocessoflawandnotpayingcompensationas 21 and arbitrary, illegal and of Land Article.300-A of the Acquisition Act consequently direct the respondents to pay the for the above stated acquired extent of land along with interest and and other incidental benefits such as solatium etc., and also further to pay compensation arrd costs' IANO:1OF 2025 PetitionunderSectionl5'lCPCprayingthatinthecircrmstancesstatedin theaffidavitfiledinSupportofthepetition,theHighCourtmaybepleasedto direct the respondents to dispose oi the petitioner's r€ presentation dated 04-06-2025 in accordance with law, pending disposal of the above writ petition' Counsel for the Petitioner : SRI VADLAKONDA RAVI KUMAII REDDY Counsel for the Respondents: Ms'K'RADHA REDDY' AGP FOR LA The Court made the following: ORDER THE HON'BLE SRI JUSTICE C.V.BHASXAR REDDY WRIT PETITION No.17719 of 2O25 ORDER: This writ petition is hled seeking following relief: "For the reasons stated in the accompanying ajlldavit, the petitioner herein prays that this Hon'ble Court may be pleased to issu€ an appropriate Writ, Order or direction more particularly one in the nature of Writ of MANDAMUS dectaring the action of the respondents in dispossessing the petitioner from her private patta tand in an extent of 0.14.18 guntas out of total extent of Ac.0.37 guntas o[ Sy_No.44/C, Keshavapur Village, Rayaparthi Mandal, Warangal District for the purpose of laying of 21 feet vide B.T.Road, without following due process of law and not paying compensation as arbitrary, illegal and violative of Rights guaranteed under Articles 14, 2l and Article 3O0 A of the Constitution of India and also the provisions of Land Acquisition Act consequently direct the respondents to pay the compensation for the above stated acquired extent of land along with interest and other incidental benefits such as solatium etc., and also further to pay compensation and costs and to pass such other orders as may be deem fit ar-rd proper in the circumstances of the case.,,

2. It is stated that the petitioner is the absolute owner and possessor of agricuitural land admeasuring Acs. 0.37 guntas in Survey No.44/C, situated at Keshavapur. Village, Rayaparthi Mandal, Warangal District (for short, 'the subject landJ and the name of the petitioner was mutated in the revenue records arrd pattadar passbook and title d.eed. uide Passbook No.T22|2OO2O 17O Khata No.313 was also issued in favour of the petitioner. It is further stated that the respondents laid a B.T. Road through the subject land and land admeasuring Acs. O.14.18 guntas out of the total extent of the subject land was affected, without issuing any notice or opportunity to the petitioner. It is further stated that the petitioner submitted an f-line application to demarcate the subject property and when the said f-line application was not considered, the petitioner was constrained I- Y=-1 2 CVBR' J W.P.No.17719 of 2025 \ t2.O2.2025 to file a writ petition before this Court uide W'P'No'4040 of 2025 and this Court disposed of the said' writ petition directing the respondent authorities of the f-line application of the petiti otet uide order dated to disPose It is further stated that in pursuance of tae said order dated W.P.No.4O4O of 2025, the respondents simpiy prepared a rough sketch and fixed.the boundaries wi''hout assessing the extent of land occupied by road' It is further stated that the petitioner requested the licensed surveyor to conduct survey arLd assess the exact extent of public road laid through the subject land ar'd when survey was

12.O2.2025 passed 1n conducted,itisfoundthatthesubjectpropertywasoccupiedbyroad'The grievance of the petitioner is that she submitted a r epresentation dated 04.06.2025 to the 2"d respondent' but till d'ate the sairl representation has not been considered by the 2'd respondent' Hence' the present writ petition' 3, Considered the submissions of the learrled counsel for the petitioner, Ms K.Radha Reddy, learned Assistant Go'rernment Pleader for appearing for respondent Nos l tc 4 and Ms' Shazia Government Pleader for Panchayat Raj appearing for Parveen, learned respondent No.6 and wit\ their consent' this writ petition is disposed of at Land Acquisition the admission stage

4. Learned Assistant Government Pleader [or Land Acquisition submitted that the B'T'Road is in existence slnce Iong time and the respondent authorities have not laid any new road through the subject property of the Petit ioner 3 CVBR, J W.P.No.17719 of 2025

5. In view of the above submission, since pattadar passbook and title deed uide Passbook No.T22120020170 Khata No.313 was issued to the petitioner, this Court is of the opinion that the ends of justice would be met if the respondent authorities are directed to examine the representation submitted by the petitioner dated 04.06.2025, irr accordance with the provisions of the Land Acquisition Act, 1894, within a period of four (4) weeks from the date of receipt of a copy of this order. If the subject property of the petitioner is required for the purpose of laying the road, the respondent authorities have to follow the due procedure under the provisions of the Land Acquisition Act, 1894.

6. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs Miscellaneous applications pending, if any, shall stald closed //TRUE COPY// SD/.P. PONNA KRISHNA ASSISTANT REGISTRAR sEc$ffo FFICER To,

1. The Principal Secretary Department of Revenue (Land Acquisition),State of Telangand, Dr.B.R.Ambedkar Telangana State Secretariat, Hyderabad.

2. The District Collector, Warangal District. 3. The Revenue Divisional Officer, Warangal Division, Warangal, Warangal District.

4. The Tahsildar,, Rayaparthi Mandal, Warangal District. 5. The Chief Executive Officer, Zrlla Parishad, Warangal, Warangal District. r b 7 o.

9. 10 TheDistrictPanchayatofficer,WarangalDistrict,Warangal' The Mandal Parishad Development Officer' Rayaparthi Mandal' Rayaparthi' Warangal District' l:ij,1x"*iil3i:3i{,fi l1};[i?]31,ff*:'o'u'Panchavat'K':shavapur' One CC to SRI VADLAKONDA RAVI KUNIAR REDDY' Advocate' [OPUC] High court ror the State or lyg"?::i""P,1r:S:rlA)P"t?iursr,oN'

11.Two CD CoPies BSK LS \ HIGH COURT DATED:2510612025 :- '\t..: 1' ,1'l'.' .; - .t'.'.. 0 il sEP 2025 \. ai, ORDER WP.No.17719 ot 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 6l o/-nl^(