✦ High Court of India · 04 Mar 2025

High Court · 2025

Case Details High Court of India · 04 Mar 2025
Court
High Court of India
Decided
04 Mar 2025
Length
1,315 words

9. Smt..D. Vilaya Laxmi, Wo.Late Padma Reddy, Aged about 48 years, Occ. AgricUlture, Rl/o.Fathepur Village, Shankarpally Mandal, Ranga Reddy District.

10.D. Venkat Reddy, S/o.Kista Reddy, Aged about 62 years, Occ. Agriculture, R/o.Fathepur Village, Shankarpally Mandal, Ranga Reddy District. '1 1. D. Satyanarayana Reddy, S/o.Kista Reddy, Aged -about 45 years, Occ. Agriculture, Rl/o.Fathepui Village, Shankarpally Mandal' Ranga Reddy District.

12.Smt. Shabad Ananthamma, W/o.Ananth Reddy, Aged about 52 years, Occ. Agriculture, Rl/o.Fathepur Village, Shankarpally Mandal' Ranga Reddy District. AND .....PETITIONERS Acquisition) Depart-meni, sel;;Gi.ai,'Hft'eiaE,il =

1. The State of Telanoana, Rep.by its principal Secretary, Revenue (Land 2' The Engine.orn-chi"r, Roads and Buirdings, state of rerangana, Erramanjir 3. The Districl Coilector (Land Acquisition), Ranga Redcty, at Laftidakapool, Colony, Hydejrabad. Hyderabad. , i I i t *:flB?J,:[? Ranga Reddy District.

4. The Superintendent Engineer, Roads and Building, Hyderabad Division, t Ensineer' Roads and Buildins, Hvderabad Division, Ranga 6' The Deputv Executive Engineer, Roads and Buirding, Hyderabad Division, 7. Thenssistant Engineer, Roads and Building, Shankarpally, Ranga Reddy 8. The Tahsildar, Mandal Revenue Office, Shankarpally Mandal, Ranga Reddy Ranga Reddy District. 'i. ....RESPONDENTS Petition Under Articre 226 0f rhe constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or direction more particurarry one in the nature of wRlr oF MANDAMUS to decrare the action of the Respondents without initiating land acquisition proceedings in widening of the road frorn Shankarpary to Fathepur Chourastha in the lands of the petitioners in the Sy. No.35,46,47,4g,51 and 52 situated at Fathepur Village Shivar, Shankarpally Mandal, Ranga Reddy District as iregar and arbitrary and vioration of the articre 14, 15 and300_A of the constituiion of lndia and consequently direct the Respondents to iniriate the land acquisition proceedings for the rand to be affected to the rands of the petitioners and thereby to widen the road. l.A.NO:1 OF 2020 Petition Under section 151 cPC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court rnay be preased to direct the Respondents not to proceed in widening of the roacl from shankarpary I I to fathepur choura3tha in the lahds of the petitioners in Sy.No.35 ,46,47,48,51 and 52 situated at Falhepur Village Shivar, Shankarpally Mandal, Ranga Redcly District 'pending finatization of the main writ petition. I counseI for the Petitioners : SRI J.KANAKAIAH i Counsd ACQUlSITION I for the Ripondent Nos.1, 3 & I : Ms. T.SWETCHA, AGP FOR LAND Co BUILDINGS I for the Respondent Nos.2 & 4 to 7 : AG.p FOR ROADS AND rt'e col rt made the followi ng ORDER I I i I I i I i I I I i I THE HONOURABLE SRI JUSTICE J.SREENTVAS RAO . 1VRIT PETITION No.22924 0F 2020 ORDER: This u,rit petition is filed seeking the following relief: " ... to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS to dec.lare the action of the Respondents without initiating land acquisition proceedings in widening of the road from Shankarpa[y to Fathepur ()hourastha in the lands of the Petitioners in Sy.No.35, 46,42,4g,51 and 52 situated at Fathepur Village Shivar, Shankarpally Mandal, Ranga Reddy District as illegal and arbitrar5r and violation of the article 14, 15 and 300_4 of the Constitution of tndia and consequendy direct ttLe Respondents to initiate the land acquisition proceedings for the lan(l to be affected to the lands of the Petitioners and thereby to w.iden the road ....

2. Heard Mr. Ja_lti Narendar, learned counsel for the petitioners, Ms. T. Swetcha, leamed Assistant Government Pleader for Land Acquisition appearing for respondent Nos.l, 3 and 8, and learned Assistant Government plr:ader for Roads and Buildings appearing for respondent Nos.2 and 4 to Z.

3. Learned counsel for the petitioners submitted that the respondent authorities, without issuing any notice a,d without following the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Itehabilitation and Resettlement Act, 2013 (Act No.3O of 2013) (hereinafter referred to, as 'the Act'),.are trying to dispossess the petitioners from the 2 subject property under the guise of widening of road from Shankarpally to Fathepur Chourastha and the same is in violation of Article 300-A of the Constitution of India.

4. This Court, while admitting the writ petition on 16.12.2O2O, granted interim order directing the respondents that if any portion of the land of the petitioners is required for the purpose of road widening, the same shall be utilized strictly by following the due process under the Act, or by negotiations. The record discloses that the respondent authorities have not hled counter.

5. Learned Assistant Government Pleader for Land Acquisition and learned Assistant Government Pleader for Roads and Buildings submitted that if the subject land is required, the respondents will follow the due process under the provisions of the Act.

6. Taking into consideration the submissions made by the respective parties, without expressing any view on the merits of the case, respondent Nos.2 to 8 are directed to not to dispossess the petitioners form the subject Property without following due process of law. ( I To 1 3

7. With the above direction, the writ petiti,rn is disposed of. No order as to costs Miscellaneous petitions, pending if any, shall stand closed. //TRUE COPY// SD/. L. LAKSHMI BABU EPUTY REGISTRAR 'SECTION OFFICER epartment, Secretariat, t The Principal Secretary, Revenue (Land Acquisition State of Telangana at Hyderabad. : Reddy District. Colony, Hyderabad. Ranga Reddy District.

2. The Engineer-in-chief, Roads and Buirdings, state of rerangana, Erramanjir 3. The District corrector (Land Acqursition), Ranga Reddy, at Lakidakapoor, 4. Hyderabad. fhe Superintendent Engineer, Roads and Building, Hyder;abad Division, Ranga Reddy District. I 5. lhe. Executive Engineer, Roads and Building, Hyderabad Division, Ranga 6. f,he Deputy Executive Engineer, Roads and Building, Hyderabad Division, 7. lhe Assistant Engineer, Roads and Building, Shankarpall,y, Ranga Reddy B. The Tahsildar, Mandal Revenue Office, Shankarpally Mandal, Ranga Reddy 9. fwo CCs to GP FOR LAND ACeUtStTtON, High Court for the State of 10.Two CC Telanga 11.OneCC 12.fwo CD s to GP FOR ROADS AND BU|LD|NGS, High Court for the State of na at Hyderabad. IOUTI to SRI J.KANAKA|AH, Advocate [OpUC] Copies t,etangana at Hyderabad.i[OUTj District. District. I I I SA GJP i t I t i I I t i i l I t HIGH COURT DAT i E D:04103t2025 Ij 1 I t I i I _ ^-' ne S t-.r: '.. -_=-\ ,\ t L--' I ,t ORD ER n 0 4 lutr Z0Z5 I WP. o.22924 of 2020 N * 0cSFATCH gO {+ t i l SING OF THEiW.P DIS WTHOUT COSTS. r l I ( I. 2) I I I I f J I I i :

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