High Court · 2025

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to lssue an order, direction particularly one in the nature of Writ of ltrlandamus to declare inaction of the respondents mainly the 2nd respondent who laid the road in the agricultural lands in Sy. No.83 of Nelapatla Revenue village of Kusumanchi Mandal without any notice or land acquisition proceedings is as illegal, improper, highly arbitrary, unconstitutional without jurisdiction violating the Article 14 lo 21 and 300-A of Constitution of lndia as well the natural justice, and prima-facio it is shows infirmity and biased , as abuse of process of law, thereby it is condonmed, CONSEQUENTLY direct the respondents to pay the compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 aquire the private agricultural lands of the petitioner in Sy. No.83 Nelapatla Revenue village of Kusumanchi Mandal, while disposing the representation on 24-3-2025. IANO: 1 OF 2025 Petition under Section 151 CPC praying that in the :ircumstances stated in the affidavit filed in support of the petition, the High Court nray be pleased to direct the respondents No. 2 to 4 to disposing the representati()n clated. 24-3-2025,1o pay Compenszrtion for the acquired agricultural lands of th,r petitiner in Sy. No. 83 of Nelapatla R.evenue village of Kusumanchi Mandal Khe mnram district pending disposal of the above writ petition. Cou nsel Cou nsel Counsel Counsel Counsel for the for the for the for the for the Petitioner: SRI GUNDLAPALLI V S S S SllUTHl Respondent Nos.1,2 & 5: AGP FOR REVI:NUE Respondent No.3: AGP FOR PANCHAYAT RAJ & RURAL DEV Respondent No.4: AGP FOR ROADS & BUILDINGS Respondent No.6: SRI K.PRADHEEP REI)DY, SC FOR MPPZPP The Court made the following: ORDER l]+.l.'n.''.i1, 'rCr*."-.41ry ..',. *-.. - ;r THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.19825 of 2025 ORDER Heard learned counsel for the petitioner and Learned Assistant Government Pleader for Revenue appearing for respondent Nos.1, 2 and 5, Ms.Roohi Nabeela, learncd Assistant Government for Panchayat Raj appearing for respondent No.3, learned Assistant Government for Roads and Buildings appearing for respondent No.4 and learned standing counsel for M['P appearing for respondent No.6. With their consent, the writ pctition is bcing taken up for disposal at the aclmission stage itself

2. This writ pctition has bccn filed seeking the follou'ing prayer:- t I "to declare inaction of the respontLents ntni nly the 2,,d respondent ruho Laid tha road h tlr ngricullttral ltntls irr Sy N0.83 of NeLapttln Ret,enue z'ilkrye of KustLmtnchi Mnndnl ruitlnut any notice or Lnnd acquisition proceedings is rts i egnL, tmproper, I LighLy nrbitrary, tLncorrsLittttionaL, zoitlnut jurisdiction, ttiolnting Lhe Article 14 to 21 nntl 300A o.f ConstihLtion o.f tnLlin os ucll tlrc nnturnl iustice. nnd prinn-facio it is sJnu's inlirmity and biased, as abuse of process of lmo, thereby it is condonmed, CONSEQUENTLY d.irect the respondents to pay tlrc compensation Lulder tle " Right to [:air Compcnsation mtd Transpnrency in LnruL Acquisition RelmbiLitalion and llesettlcruent Act, 2013"aquire tlu prilatu agricultural Laruls of the petilioner in St1 No.83 NeLapatLu Reztenue ttiLiiagc o.f Kusumanchi Mtndnl, tlile tlisposirrg tlrc represettatiott on 24.03.2025." I

3. Though various grounds are raised in the writ petition, learned coulmcl for the petitioner restricts his prayer seeking a direction to respondent authorities to dispose the petitioner's represcntation datecl 24.03.2025, in a time bound periocl.

4. Learned counsel appearing for respondents submits that if the pctitio(rer's rcprcsentation ctated 24.03.2025 is stilI pcnding for con-sideraiion; I ) the respondent authorities may be directed to i isrp tsc of thc saicl representation ancl pass appropriate orders in accorclanc,:, -ir,, th 1ar.r,.

5. In vie',v of the subrnission made by learned counscl appear.ing on either side and.aritl'Lout expressing any, opinion on the n..erits cl the case, this r.vrit petition is disposcd of directing the respondent autho;:ities to disposc thc petitloner's reprresentation dated 24.03.2025 and aftcr girinl3 fair opportunity of hearing to the pctitiorler and after considering Jtc objection of thc petitioner, rcspondent authoritics shall pass apprc.pr-iut,:: orclers strictly in accordance with law, as expcditiousl], as possible, L.,re{t'' :abiy vrithin a period of eight (08) r.r.eeks from the clatc of receipt of copr.6f tiris ordcr an,l conr.nunicatc llte sarnc to the pctilioner.

6. Accorclingly this writ petition 1S disprosccl of. Irliscellaneous applicationr;, if any pencling, shall stand closed. ]Jo ordc as to costs. //TRUE COPY' S D{. A .SREENIVASA REDDY SISiTANT REGISTRAR SECTION OFFICER \\: \. District. HyoeraDao, state ot lelangana. ellcigalSecretary. ( Revennue .L and A depArtln,:rrt) Secretariat, at t ],trg 2. The District Collector, Khaitmam District at Khammanr. 3. The Dist.ict Panchayat Officer, Khammam District at Kharnmam 4. lhe superintendent of Engineer, (Roads and Buirdingr;) Khammam District. 5. The Tahasildar, Kusumanchi iVan'dal, Khammam Dis-iribt. 6. The Mandal Parishad Deveropment officer, Kusumanc;hi lr/andar of Dammam 7. One CC to t\4/s. GUNDLAPALLI V S S S SRUTHI, Advocate tOpUCl 8. Two CCs; to GP FOR REVENUE, High Court for the Sra:e;] ietanglna, at 9. Two CCs to GP FOR PANCHAYAT RAJ & RURAL DEV, tligh Court for the 1 0. Two CCs; to Gp FOR ROADS & BUiLDtN'cS, Hish Courl for the State of _ . Telan_gana, at Hyderabad. [OUT] 1 ! Qne CC to SRI K.PRADHEEP REDDY, SC FOR rMpp;ZpF,tOpUCI 12. Two CD Sopies State of Telangana, at Hyderabad. IOUTI Hyderabiad. [OUT] To PSK TKS HIGH COURT DATED:1010712025 / ORDER WP.No.19825 of 2025 ,,, lri, i r .-) I :,: \,-7 \:. + \.\ ..-..'. \.. ii I $rP 2025 ,..,./ SPOSING OF-THE-I'VRIT PETIT]ON =- WITHOUT COSTS ! l l t