The High Court · 2025

petilion Under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleasedtoissueanappropriatewritmoreparticularlyoneinthenatureofWR|T OF MANDAMUS, declaring the action of the Respondents 3 to 5 and their subordinat,gs in, taking steps to take over the lands of the petitioners to an extent of 253 sq.yds in Sy.No.SS/A, 122 sq.yards in Sy'No' 55/A, 253 sq'yards in 'Sy.No.ss#\, 40.66 Sq.Yards in Sy.No.ss/A, 268'46 Sq'Yards in Sy'No'49/U/A' 423Sq.Ya.dSinSy.No.4gtEtA,91Sq.Yardsin49/EE/E'Ac0-30centsinSy.Nos. 44tEt2, 44tEEl2, 44tU, 44tEl1, 441EEt2,397 Sq.Yards in Sy'No' 'l77lLUl1' 346 Sq.Yards in Sy.No. 4gtlJtA, 211.5 Sq.Yards in Sy'No' 177lLU, 212 Sq'Yards ln Sy.No. 177lLU, 91 Sq.yards in Sy.No. 141tulAA' 338/Sq'Yards in Sy'No' 14'llUtAA,2329.25Sq.yardsinSy.Nos.52tANN2,52lNN2,52lNEl2'Ac0-12 1/2 gts in Sy.No. 52IAA/A/, Ac 0-13 gts in Sy.No' 52lNN' Ac 0-13 gts in Sy'No' 52lA,/E, situated at Ayyagaripet village, sathupally village and Mandal of Khammarr District without issuing any notice and without initiating any Land Acquisitiorr Proceedings by following due procedure on the ground that they require ther property for widening and strengthening of left over bits of sathupally Patwarigudem road from Km O/O to 17l0 in Khammam District as illegal, arbitrary, violative 01'principles of natural justice and violative of Article 300A of Constitution of lndia and consequently direct the Respondents 3 to 5 and their subordinates not to int3rfere with the possession of the petitioners in respect of subject property irr anY manner. t.A.NO:I OF 2016 .NO:43283 20161 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 respondents to stay the dispossession of the petitioners in their respective lands to an extent 253 sq.yds in Sy.No.S5lA, 122 sq.yards in Sy.No. 55/A, 253 sq.yards in Sy.No.SS/A, 40.66 Sq.Yards in Sy.No.5S/A, 268.46 Sq.Yards in Sy.No.49lUlA, 423 Sq.Yards in Sy.No. 4glEl{, 91 Sq.Yards in qgieerc, Ac 0-30 cents in Sy.Nos. 44tEt2, 44tEEt2,44lU,44tEl1,44tEEl2, 3gT Sq.Yards in Sy.No. 1771LU11,346 Sq.Yards in Sy.No. 491U1A,211.5 Sq.Yards in Sy.No. 1771LU,212 Sq.Yards ln Sy.No. 1771LU,91 Sq.yards in Sy.No. 141lUlAA, 338Sq.Yards in Sy.No. 141lUlAA, 2329.25 Sq.yards in Sy. Nos. 52IAA/A/2, 52lNN2, 52lNEl2, Ac O-12 112 gts in Sy.No. 5zlAAlN, Ac 0-13 gts in Sy.No. szlNArl, Ac 0-13 gts in Sy.No. s2lAlE, situated at Ayyagaripet village, Sathupally Village & Mandal of Khammam District, pending disposal of the main writ petition. Counsel for the Petitioners : SRI NYSHADHAM CHANDRA SEKHAR Counsel for the Respondent Nos.l to 5 : GP FOR ROADS AND BUILDINGS Counsel for the Respondent No.6 : GP FOR REVENUE The Court made the following ORDER I SK, J W.P.No.35l 14 of 2016 THE HON'BLE SRI JUSTICE K.SARATH PEtrITION No.35114 of2(J16 o 'Ihis writ petition is filed questioning the action of the action of the Respondent Nos.3 to 5 and their subordinates in taking steps to take over the lands of the petitioners admeasuring to an extent of 253 sq.yds in S1'.No.55/A, 122 sq.yards in Sy.No.SS/A, 253 sq.yards in Sy.No.55 /A,40.66 Sq.yards in Sy.No.55/A, 268.4ri Sq.Yards in Sy.No.49/U|A,423 Sq.yards in Sy.No.49lE/A, 91 Sq.Yards in Sy.No.49lEE/E, Ac:0-30 cents in Sy.Nos.44lE/2, 44lEEl2, 44llJ, 346 S;q.Yards in Sy.No.49lU/A, 211.5 Sq.yards in Sy.No.I77lLU, 2L2 Sq.yards in Sy.No.|TZ/LU, gL Sq.yar,Cs in Sy.No.L4I/U|AA, 338 Sq.yards in Sy. No. 14 I / U /A A, 2329.25 Sq.yards in Sy.Nos.52 / AA, I A / 2 52/A/,\/2, 52/AlEl2, Ac:O-t2t/z gts in Sy.No.S2l AA/A, Ac O-13 gts in Sy.No.52lA/A, Ac:0_13 gts in \ \ 2 SK, J W.P.No.3S114 of 2OL6 Sy.No.S2 lAlE,, situated at Alryragaripet village, Sathupally Village and Mandal of Khammam District without issuing any notice and without initiating any Land Acquisition Proceedings by following due procedure on the ground that they require the property for widening and strengthening of left over bits of Sathupally Patwarigudem road from I(m 0/O to 17 lO in Khammam District as illegal and arbitrary and consequently direct the Respondents 3 to 5 and their subordinates not to intcrfere with the possession of the petitioners in respect of the subject properties.

2. Heard learned counsel for the petitioners, learned Assistant Government Pleader for Roads and Buildings for the respondent Nos. 1 to 5 and learned Assistant Government Pleader for Revenue for the respondent ' No.6.

3. Learned Counsel for the petitioners submits that at the time of admission on 19. lO.2Ot6, this Court has nI I I I i i I I { I : : : ,i i .i t ;t J SK, J W.P.No.35l 14 of 2016 granted interim stay of dispossession of the petitioners over their respective lands in W.p.M.p.No.43283 of 2016 in W.P.No.35114 of 2016.

4. On the otJrer hand, learned Assistant Government Pleader for Roads and Buildings basing on the counter Iiled by the respondent No.4 in para Nos.8 and 9 submits that the respondents are taking steps for remorral of t]le encroached structures and the Government has issued G.O.Rt.No.235 dated 27.05.2015 for only administrative sanction and the R & B Department will follow due procedure as conternplated under law. He submits that if it is necesrsary to acquire the lands of the petitioners for road widening purpose, entire information will be collecl:ed from the Revenue Department and Nagara Panchayat, Sathupally and action will be taken as per the Land Acquisition Act, 2Ol3 and the R & B Department have not made any announcements oflicially for demolition of structures. The petitioners I I i \ \ \ : t: : I I I i I I I I : i I ) I i i I 4 SK, J W.P.No.3Sl 14 of 2016 are apprehending based on the news item published in the newspapers and approached this Court. He further submits tleat the R & B Department will not take any coercive steps to demolish the private properties.

5. In view of the submissions of both sides, the V/rit Petition is disposed of directing the respondents not to interfere 'rvith the possession of the petitioners over the subject properties without following due process of law. If the respondents want to acquire the lands of the petitioners, they have to follow due procedure as per the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,2O13. No order as to costs.

6. Miscellaneous Petitions, if any pending in this . w-rit.petition, shall stand closed. No order as !o. cosfs, ,/TRUE COPY// Sd,-B. REKHA RANI REGISTRAR SECTION OFFICER To 1

2. 3. 4. 5. 6. Secretary, R and B Department, The Principal at Hyderabad The Engineer-in Chief, R&B,, State Roads and CRN, Hyderabad' The Superintending Engineer, R&8, Khammam The Exdcutive Engineer, R&8, Sathupal Executive Engi neer, RandB The Collectgr. Khammam-. The Deputy District lv. Khammam District. Sathupally, Khammam District. G"frd'' State of Telangana 7' Turo ccs to Gp F.R'R.ADS AND BUTLDTNGS, High court for the state of ' iilff"isi:1bflf8Htf3rt="-',rE, ,,nn court ror the state or rerangana at ?, ?,l)3 331,";n:ruisnnoHAM .HANDRA .EKHAR, Advocate [opUcJ SA Xps HIGH COURT DATED:1611012025 \ \ T} ;c s t O a * 1'1 t''r? ?n?[ ?_ S.'.' * I { ORDER WP.No.351 14 of 2016 DISPOSING OF THE W.P WITHOUT COSTS. @L Jrcs zzlzlze . €