The High Court · 2025

The Land Acquisition Officer cum Revenue Divisional Officer, Adilabad, Adilabad Disrict. The Chief Engineer, I and CAD, Minor lrrigation, Andhra Pradesh, Hyderabad The Executive Engineer, l.B. Division, Nirmal, Adilabad District. The Superintending Engineer, I and CAD, lrrigation Circle, Nirmal, Aidlabad 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 lo issue a Writ, Order or Direction, more particularly a Writ of Mandamus declaring the action of the respondents in not initiating the land acquisition proceedings under the provisions of Land Acquisition Act and not paying the compensation amount to the petitioner for the acquisition of the land to an extent of Ac.t.23 gts. in Sy.No.15, situated at Tamsi Village and Mandal, Adilabad District for the purpose of construction of Tank Mathadivagu Cheruvu even though the petitioner has submitted number of representations to the respondents is nothing but illegal, arbitrary, abuse of process of law and Violation of principles of natural justice and contrary to the provisions of the land acquisition act and consequently direct the respondents to pay the compensation to the petitioner by initiating the land acquisition proceedings in the interest of justice. l.A. NO:1 OF 2013(W PMP. NO: 129 250F 20131 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 pay the compensation amount to the petitioner by initiating land acquisition proceedings under the provisions of land acquisition act for the acquisition of the rands to an extent of Ac.1.23 gts. in Sy.No.15, situated at Tamsi Village & Mandar, Adirabad District in the interest of justice pending disposal of the above writ petition. Counsel for the Petitioner : SRI S.SURENDER REDDY counsel for the Respondents No.1&2 : ASST. Gp FoR LAND AceursrroN Counsel for the Respondents No.3to5 : ASST. Gp FOR IRRIGATION The Court made the following: ORDER HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.10424 of 2013 ORDER: Hcard [earned counsel for thc petitioner and learned Assistant Govcrnment Pleader for Land Acquisition appearing for respondent Nos.1 and 2 and Sri.I-axmalla Sandeep, learned Assistant Government pleader for Irrigation appearing for respondent Nos.3 to 5. With their consent, thc writ petition is being taken up for disposal. 2 This writ petition has been filed seeking the following relief:- "to declare the action of the respondents in not initiating the, land rcquisition proceedings under the proaisions of Land Acquisition Act and not paying the compensation annunt to tlrc petitioner Jor the ncquisition of the land to an extent of Ac.7.23 gts in Sy No.15 situated at Tamsi Village arul Mandal Adilabad District for the purpose of construction of Tank Mnthadiaagu Chenntu eaen though the petitioner has subntitted nunrber of representations to the respondents is notltirrg but illegd, arbitrary, abuse of process of laut and ttiolntion of principles of naturaL justice and contrary to the prouisions of tlte lnnd ncquisition act and consequently direct tlrc respondents to pay tht compensation to the petitioner by initLnting tle Land ncquisition proceedings in the interest of justice."

3. Brief facts in this r.r.rit pctition are that petitioner's father claims to be the absolute owner and possessor of land to an extent of Ac.1.23 gts in Sy No.15 situated at Tamsi Village and Mandal Adilabad Disrrict. After the death of petitioner's father, petitioner being the legal heir succeeded the subJect property. While things stood thus, in the year 1998, respondent authorities purposed construction of Tank Mathadivagu cheruvu at Tarnsi Village and for the said purpose, the respondent authorities without 2 initiating acquisition proceeding acquired the subjcct ProPerty. Thereafter, the petitioner requested the respondent No.2 for Payment of compensation and respondent No.4 addressed letters dated 09.06.2003 and reminder dated 19.07.2005 to respondcnt No.2 and requested to initiate the land acquisition proceeding. In turn, respondent No.2 issued letter dated

26.07.2005 and requested respondent No.4 to deposit an amount of Rs.1,35,000/- and respondent No.4 on 16.08.2005 addressed a letter to respondent No.5 and requested to release the said amount at early date. The respondent No.5 addresseC a lcttcr to responrlent No.3 on 75.12.2005 and requested to release the letter of credit for Rs.1,35,000/- under DA 4702 Normal Plan L.A. When the same was still pending, petitioner made a representation on 25.06.2007 and rcquested respondent No.1 for compensation amount, however, the same \^/as not paid. Aggrievecl by the same, petitioner filed thc writ pctition.

4. Lear4ed counsel for the petitioner submits that the petitioner land was acquired in the year 1988 ?nd.'the amount is still not paid to the petitioner and pray this Court to direct the respondent authorities to pay the compensation amount in a time bound period

5. Counter is filed on behalf of respondent No.4, relevant portion is extracted hereunder:- "lt is submitted that, the 4tt, respondent herein addressed n letter to the Stt'respondent duly nnrrnting tlrc dettils such as paynrcnts made for the construction of the snid tnnk, prouisiott ntnde in sattctioned estimate and J -tt amounts prooided totLtarrls land compensation t'or an amount ot' Rs'1'35 lakhs in ihe reaised estimate and requesting to rel9ly the' said amount rouj, Uw No AB/AS?a2/SE dtd:21'07-2009' The funds for 'orltiuiTirxn as the land compensation amount rs released' the same u'i be paid to the petitioner' "iilo'u,rporarrrc uould initiate steps to get the petitiorcr compensated at Ly Gooernment' As are to be 'eleased .soon the earliest "

6. Recording the above submissions and since the respondent No'4 in the counter affidavit had aclmitted that the petitioner's land is acquired for constfuctions of Tank Mathadivagu cheruvu at Tamsi village and compensation amount is due to the petitioner' this Court deems it fit to dispose of the writ petition with a tlirection to respondent authorities to pay comPensation to the petitioner' as expeditiously as possible' preferably, within a period of four (4) weeks from the date of receipt of copy of this order.

7. AccordingtY, this writ Petition applications, if any pending, shalI stand closed No order as to costs IS disposed of . Miscellaneous //TRUE COPY// SD/- N. SRI HAR] DEPU TY REGIS SECTIO OFFICER 1 The District Collector, Adilabad' Adilabad District' The Land Acquisition Officer cum Revenue Divisional Officer' Adilabad' Adilabad Disrict' The Chief Engineer, I and CAD' Minor lrrigation' Andhra Pradesh' Hyderabad' The Executive Engineer' l B Division' Nirmal' Adilabad District' The Superintending Engineer' land CAD' lrrigation Circle' Nirmal' Aidlabad District. One CC to SRI S'SURENDER REDDY' Advocate tOPUCl Two CCs to GP FOR LAND ACQUISITION' High Court for the State of Two CCs to GP FOR IRRIGATION' High Court for the State of Telangana at Telangana. [OUT] To, 2

6. 7 8 ?l^d Hyderabad. [OUTI Two CD CoPies' .,::a:a. . '-,1 :, . ..'ra: - .-litf,.'' :., : ' ...\ i-::ii&:l j HIGH COURT DATED:01 10412025 $( z a A ..\, .d J koR THE SIa o? 1zJUil m ,+ ORDER WP.No.10424 ot 2013 o DISPOSING OF THE WRIT PETITION WITHOUT COSTS ${q r-r\gl>{