✦ High Court of India · 02 Jul 2025

High Court · 2025

Case Details High Court of India · 02 Jul 2025
Court
High Court of India
Decided
02 Jul 2025
Length
1,050 words

Smt. Karrenolla Savithramma, D/o Late Musti Vabaiah and Wo Karrenolla Chinna Rangappa, aged about 49 Yrs. s, Occ A-g ri , R/o H- No 7- 51/2, Yersanpally village of Makthal Mandal, Narayanpet District. Smt. J. Millamria, D/o Late Musti Vabaiah and Wo Late Mareppa, aged about 51 Yrs. s, Occ Agri. , R/o H. No '1- 40/'1, Maganoor Proper and Mandal, Dist Narayanpet, ...PETITIONERS AND '1. The Principle Secretary, Department of Land Acquisition, State of Telangana, 'High Ways Authority, Ministry of Roads' Transport and High Secretariat, Hyderabad. 2r The National ways, New Delhi. Division and District.

3. The District Collector, Narayan pet District. 4. The Land Acquisition Offi6er bum Revenue Divisional Officer' Narayanpet 5. Musti Laxmaiah @ Laxmanna, S/o Late M. Vabanna @ Vabaiah, Aged. about 60 Yrs. , Occ Agil , resident of H. No 1- 40i1, Maganoor Proper and Mandal, Distrrct Narayanpet. ...RESPONDENTS Petition under Article 226 ot lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to pass an order or writ in the nature of Mandamus, declaring the action of the respondents no. 4 herein in his attempt for payment of compensation amounts to the respondent no. 5 herein in respect of acquired land Sy' No 134, admeasuring OAc 21 Gts. , (equivalent to 0. 2'124602 Hectares) ( which is part of Sy No 134/AA2t2,ad.OAc.22 GTs., and Sy. NO'1 34/AA, admeasuring OAc 32 Gts. , which are part of suit schedule properties in o. s. No 9412025 of Sr. civil Judge, Narayanpet) situated at Maganoor village proper and Mandal, Narayanpet District in pursuance of the Award of the Respondent no. 4 in - Proceedings Lr. No F 1221812020, dt 10- 06- 2023, in spite of legal notice sent and personally given to respondent no. 4 on 07- 05- 2025 and declare the same as arbitrary, illegal IA NO: 10F 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 pass an ordei, directing the respondents no.4 herein not to pay any amounts in respect of acquired land Sy. No '134, admeasuring lAc. 21 Gts. , (equivalent to 0. 2124602 Hectares) (which is part of Sy. No '134lAA2l2, ad.1Ac.22 GTs. , and Sy. NO 134lAA, admeasuring OAc. 32 Gts. which are part of suit schedule properties in O. S. No 9412O25 before Sr Civil Judge, Narayanpet) of land situated at Maganoot village proper and Mandal, Narayanpet District in pursuance of the Award in Proceedings Lr. No F1221812020, dt 10-06-2023, to the respondent no. 5 herein till finalization of the W. P, Counsel for the Petitioner: SRl. BAJRANG SINGH THAKUR CounSel for the Respondent Nos. 1,3&4: GP FOR LAND ACQUISITION Counsel for the Respondent No.2: SRI M. RAMU, SC FOR NHAI Counsel for the Respondent No.S:- The Court made the following: ORDER HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITIoN No.1E586 OF 2025 ORDER The petitioner IS aggrieved by the action of respondent No.4 in attempting to pay compensation amounts to respondent No.5 herein in respect of acquired land in Sy.No' 134 admeasuring Ac.O-21 gts., Sy.No.l34 lAA2l2 admeasuring Ac.O- 22 gts., and Sy.No. 134 I AA admeasuring Ac'O-32 gts., which are suit schcdule properties in O.S.No.94 of 2025 on the hle of Senior Civil Judge, Narayanpet situated at Maganoor Village and Mandal, Narayanpet District in pursuance of the Award of respondent No.4 in Proc.Lr.No.F l2218l2O2O dated 10.06.2023 inspite of legal notice sent and personally given to respondent No.4 on 07.O5.2O25. 2 . Heard learned counsel for the petitioner and learned Assistant Government Pleader for Land Acquisition appearing on behalf of respondent Nos. 1, 3 and 4; Mr.M.Ramu, learned Standing counsel for NHAI appearing on behalf of respondent No.2. With their consent, this writ petition is taken up for disposal at the stage of admission L ..1..

3. Though various grounds are raised in the writ petition, the petitioner confines his praver onlv t o the extent of respondent authorities to take action on the legal notice dated

07.O5.2O25 seeking for not to disburse compensation amount for the acqurred lands.

4. It zrppears that petitioner herein has filed suit in O.S.No.94 ol 2025 on the file of Senior Civil Judge, Narayanpet against respondent No.S herein and other family members. Learned counsel for , the petitioner submits tha t at the time of passing of award, due to the family understanding, petitioner did not object for payment of co;npensation to respondent No.5, hou,ever, at this juncture, since, respondent No.5 is rrot wiliing to pay petitioner's part of compensation, the said suit is fi1ed. However, learned counsel r.r,ould confine his prayer only to the extent of direction to the respondent authorities to respond to his legal notice dated 07.O5.2025.

5. In view of the submissions made by learned counsel on either side and without going into the merits of the case, this writ petition is disposed of with a direction to respondent - ::3:: authorities more particularly respondent No'4 to respond to the notice issued under Section 80 of Civil Procedure Code, 1908 by giving a fair opportunity oi hearing to the petitioner as well as to respondent No.5.

6. With the above observations, this writ petltion 1S disposed of Miscellaneous petitions, if any, pending in this writ petition shall stand closed. No costs SD/-K. AMMAJI UTY REGISTRAR E //TRUE COPY// SECTION OFFICER To, i I i, wavs, New Delhi. Secretariat, HYderabad 1'ThePrincipleSecretary,DepartmentofLandAcquisition,StateofTelangana, 2. ii;'N;td;;i fiGn wav" Authoritv, Ministry of Roads' Transport and High 3. Th6 District Collector, Narayan pet District' ; i'r; [;;;;"qriiiiion' omc6t-i,', R"'"n'e Divisional officer' Naravanpet s one cC io 6. i;; CC.io Ci rOn Lnr.rb nCOUtStTtON ,High Court for the State ot 7 o;; iC to Snt. fu RAMU, sc FoR NHAIIoPUCI B. Two CD CoPies aR.JRnNc SINGH THAKUR Advocate IoP-UCl. . Division and District. Telangana. [OUT] -sni b BM BS HtGH COURT DATED:0210712025 ORDER WP.No.18586 of 2025 o() ( * ThE S 16 ,tUL 2[6 z- * tii -'n-I DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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