High Court · 2025
Case Details
Acts & Sections
19. Kontham Sadanandam, S/o. SamQaiah, Aged about 43 years, Occ Business, , Rl/o. Kakatiya Nagar, Narsampet, Warangal District 20.Gundu Srikanth, S/o. Sudaiah, Aged about 35 years, O:c Dvt. Employee, R/o. Kakatiya Nagar, Narsampet. Warangal District - 21 . Kasireddy Rgjendra Prasad, S/o.Laima Reddy, Aged about 43 years, Occ Business, R:/o. H. No. 1 9-1, Kakatiya Nagar, Naiasaimpet tvlunicip-ality and Mandal, Warangal District ...RESPONDENTS 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 a writ, order or direction more particularty one in the natuie of wRlr oF MANDAMUS declaring the action of official respondents in proposing to construct the lndiramma lndlu in the tands of the petitioners in Sy.No.601/2 admeasuring Ac.1 .33 gts and the 2nd petitioner is the rrwner of the land in _sy.No.601/1/2 admeasuring Ac.1.00 gts situated at Narsampet rown and Mandat, warangal District, at the behest of unofficial officials, as illegal, arbitrary, malafide and violation of Article 300-A of the constitution of lndia ,:ncl violation of court orders and consequently to direct the official respondents not to consider the request of unofficial respondents to construct lndiramma lnd u including power connection on the above lands. lA NO: 1 OF 2025 Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the official respondents not to proceed with the constructio'r of indiramma lndlu including power connection over the lands of lhe petitioners in sy.No-601/2 admeasuring Ac.1 .33 gts and the 2nd petitioner is the cwner of the rand in .Sy.No.601/1/2 admeasuring Ac.'1 .00 gts situated at Narsampet rown and lVandar, warangal District at the behest of unofficial respondents, pending finalization oi the Writ Petition. Counsel for the Petitioners: SRI NARENDAR JALLI Counsel for the Respondent Nos.i TO 3: SRI L.RAVINDER, AGp FOR REVENUE C_ounsel forthe Respondent No.4: SRI PUTTA KRISHNA RE:DDy, SC FOR MPCL Counsel for the Respondent Nos.7 TO 10: SRt CHANDRASEKHAR ARCOT, SC Counsel for the Respondent Nos.1 1 TO 14: ApG FOR HOMI: Counsel for the Respondent Nos.1 5 TO 21i - The Court made the following: ORDER FOR TGNPDCL I HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.179O7 of 2o25 ORDER It is stated that petitioner No.l is the owner and possessor of the land admeasuring Ac.i.33 guntas in Sy.No.6O1 /2 and pelitioner No.2 is the o\ /ner and possessor of the lancl admeasuring Ac. 1.OO guntas in Sy.No.6O1/ l/2, situated at Narsampet Town and Mandal, Warangal District, having acquired the same from their ancestors Bairaboina Balaiah, who was the pattadar and possessor of the said land since l9S4-55 (khasra) and after his death, the names of the petitioners were recorded as pattadars. The grievance of the petitioners is that a part of the petitioners'lands is in encroachment by raising huts by the local people and acting on their representation, the Government has now proposed to construct permanent houses under the Indiramma Scheme. Hence, this writ petition. 2. Considered the submissions of the learned counsel for the petitioners; Sri L.Ravinder, learned Assislant Government pleader for Revenue appearing for respondent Nos. 1 to 3; Sri putta Krishna Reddy, Iearned Standing Counsel for respondent No.4; Sri Chandrasekhar Arcot, learned Standing Counsel for respondent Nos.7 to 1O and learned Assistant Government pleader for Home appearing for respondent Nos. I I to 14 and with their consent, this writ petition is being disposed at the admission stage. In view of I 2 CVBR. J tNp 17907 2025 the nature of relief sought for in this writ petirion, issuance of notice to the unofficial respondents is dispensed rvir h. 3. Sri Jalti Kanakaiah, iearned Senior Counscl -epresenting Sri Jalli Narendar, learned counsel for the petitioners, has vehemently contended that the State Government do not hav: .rny power or authority to construct the houses in the patteL lands of the petitioners without initiating the proceedings under the provisions of the Right to Fair Compensation and Transpa rer-rcy in Land Acquisition, Rehabilitation 4nd Resettlement Act, :2O i 3 (for short "the Act") and payment of compensation in terms oi the provisions of the said Act. 4. Sri L.Ravinder, learned Assistant Governme nt pleader for Revenue, has submitted that, except the names of the petitioners recorded as pattadars in Khasra pahani, no pattadar passbooks have been issued in their favour.
5. In reply, learned Senior Counsel has submitted that the entries made in Khasra pahani are to be tretted as valid documents and once the names of the pctitioners are recorded as pattadars in Khasra Pahani, they are entitled to coLnpensation in accordance with the provisions of the Act.
6. In view of the above submissions, this Court, wtthout going into the issue whether the petitioners are the patr.ad ars or not, -) CVBR, J Wp 17907 2025 deems it appropriate to dispcse of this writ petition permittlng the petitioners to make appropriate application duly enclosing all the documents in support o[ their rights for the lands admeasuring Ac.1.33s in Sy.No.6O1/2 and Ac.1.00 guntas, situated at Narsampet Town and Mandal, Warangal District. In the event ol such an application being submitted by the petitioner duly enclosing all the documents, the respondent authorities are directed to conduct an enquiry and if the patta lands of the petitioners are in any manner effected, shall initiate proceedings under the provisions of the Act and allot an alternate land in lieu of payment of compensation. If the land do not form part of the patta land of the petitioners, the respondent authorities are at liberty to proceed with the construction of the pucca houses under the Indiramma Scheme. 7 . With the above observations, this Writ Petition is disposed of. There shall be no order as to cosLs.
8. As a sequel, the miscellaneous petitions pending, il any, shall stand closed. //TRUE COPY'/ SD/- B. REKH ASSISTANTREGI? SECTION O A RANI STRAR FFICER of Telanqana. ',. -n" Principal Secretary' Revenue Department' Secretariat' Hyderabad' State , Yilb;ti;i eollector' Waransal District 5 iilE [iiiliigr:Fl:L::tte'il,iil]i"?,];H,f i,i?3iH'r'11$,,,,n" and Mandal 4 The Commlssloner, I , YrTfl"t"X iJSt'd?li''on'' off ice r' Na rsa mpet Reve n ue D ivi sio n' wara ns al " ' District (.Pr \ 6 The Tahsitdar, Nar ig*ru""+mlrl,,-mrum',,;ffi.'* ffflffiffiN'ffiwfififl: HOME' Hish court ror the state or leransana, at l: If%ir:r:l" 1ci.ir?- _;$,*5!EL3j[i3Hlm[x!'J]fi I}]\I [.^%%t,:".8%H",?,',1,oJ3,_%",.r &r. HIGH COURT DATED:2610012025 ORDER WP.No.17907 of 2025 d ( '' * -- ---:-'i'-'- ..2:,r.1.it: *. :, ..,.1\ ./,.< \ -' .. '\v+. )\. 'i .; 0 3 sEP 2025 \i '\l'j ,r1' l --t/ DISPOSING OF THE WRIT PETITION WITHOUT COSTS ?p 1q ')-i ; l