High Court · 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 direct the respondents not to interfere into petitioners land Ac 1-39 Gts of land in survey Number 9140 of petitioner No '1 and Ac'l-37 Gts of land in survey Number 9/40 of petitioner No 2, situated at rhimmaipally village, Kandukur Mandal, Ranga Reddy District through Notice No 8t721t2o23, dated 2zto6l2o24 unlil dispose of the writ petition counsel for the Petitioner: Ms. N. MAHESWART REp sRr. K. MALLTKARJUN Counsel for the Respondents: Gp FOR LAND ACeUISITION The Court made the following: ORDER ;l/ ,/i ,r' THE HON'BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION No.2 0,659 0F 2024 ORDER: Heard Ms. N. Maheswari, Iearned Counsel representing Sri K. Mallikarjun, learned Counsel for the petitioners' learned Government Pleader for Land Acquisition appearing on behalf of respondents and peruscd the record' The case of the petiLioners, in brief is that the respondent 2. authorities are illegally Lrying to acquire the land of the petitioners admeasuring Ac l '39 gts' belonging to the lst petitioner and land admeasuring Ac l'37 gts' belonging to the 2nd petitioner in Sy. No-9 /4O situated at Thimmaipally village' Kandukur Mandal, Ranga Reddy District lor the, purpose of installation ol 120 lault limiting line series reactors on both the circuits of 4oO KV Maheshrvaram (PGCIL)' 4O0 K'V' Maheshwaram (TS) QMDC linc ior the beneht of TS TRANSCO and have issued Au'ard enquiry notice under Section 21 of the Fair Compensation, and Transparency in Land Rehabilitation and Resettlement Act, 2013 (for Act') u'ilhout fotlowing proper procedure pa),ment of compensation, determination acquisition, rehabilitation and resettlenlcnt benefits and by not considering of Right to short 'the Acquisition, 2 the objection submitted by the petitioners orr 22.OT .2024 viz., the date of hearing as per Award enquiry notrce dated 22.06.2024 , as being illegal, arbitrary and vi.lation ,:>f Articles 14, 3OO-A of the Constitution ol India and also oppose to principles cf natural justicei 3. Per c:ontra, the .learned Government pleader lor Land Acquisition appearing on beharf of respondents submirrs that the land acquisition proceedings were initiated b1, getting preliminary notification in Form c published in Andhra. prabha, Telugu Dail.g newspaper and .Hindu, English I)aily nr:wspaper on 14.O2.2O24 and thereafter a declaration under Section 19 of the Act rvas also published on 14.O2.2O24 in .Andhra prabha, Telugu DailJr newspaper and 21.06.2024 in ,Hinclu, Daily neu,speLper. English

4. lcarneC Government pleader furthcr submits that after publication of the declaration, the authoritics have issued Award enquiry notice dated, 22.06.2024 under Section :2 1(1) of the Act direc,ting the interestcd partics ro appcar before Lhe authority on it2.OZ.2024 . 5. Learned Government pleader furrher submits that on the said date hxerl for causing Award cnquin.. the p,,11116ner.s have submitted their ohjection to the Iand acquisitior.r proceedings '/ 3 initiated and that the said objections submitted by the petitioners are under consideration.

6. lrarned GovernmenI further submits that since the authorities have not yet passed the Award, the objections submitted by the petitioners in response to the Award enquiry notice dated 22.06.2024 would be duly considered at the time of passing of the Award.

7. Learned Government Pleader lurther submits that since the petitioners by the aforesaid objections hled are claiming the subject property in respect of which a patta was issued in the name of one Puchala Chennaiah and after his demise the said Iand being succeeded by the husband of the f"a pgLitioner being orte of the son of late Chcnnatah and the lst petitioner being the son of the original assignment patta lrolder, the authorities took into the aforesaid claim. [,earned Government Pleadcr further submits that the

8. aforesaid land was originalll' assigned in favour of Puchala Chennaiah is recorded as 'sarkari'in revenue records and that out of the extent of Ac.6.O9 gts assigned in favour of late ( I Chennaiah under lavani patta, the authorities are now seeking to resume the land to an exte nt of Ac 3.36 gts only. g. I have taken note of the respective contentions urged. 4

10. Wi[hout delving into the merits of the ri\.al claims, since on behalf ol' the respondents, it is stated that the o ojections submitted by the petitioners in response to the Award enquiry notice issueci under Section 2l (l) of the Act dated 22.O(t.2O24 is pending corrsideration inasmuch as no Award havi ng been passed as of date, this Court is of the view that the respondent authorities are to be directed to consider the aforesaid objection hled while passing of the Award and take fu rther a,ltion in respect of the proposed acquisition in accordanc<: s,ith lerw. 11. Subject to the above direction, the .v\rrit petition is disposed of. No costs. Miscellaneous petitions, if any, pending in th:is Writ Pc[ition shall stand closed. I t\/ SD/.V. K4MITHA ASSISTANT REGFTRAR To, //TRUE COPY// \r\\i U SECTION OFFICER Division, R.R District. lbrahimpatnanr, Ranga Reddy District.

1. The Principal Slecretary of Revenue Department, Secretariat, T S.,Hyderabad. 2. The District Collector, Ranga Redy District, at Kongara Kallan village, 3. The Land Acquisition Officer and Revenue Divisional OfIicer, Kandukur 4. Tahsildar, Kandukur Mandal, Ranga Reddy District. 5. One CC to SFll. K. MALLIKARJUN, Advocate [OPUC] 6. Two CCs to GP FOR REVENUE,High Court for the State of Telangana at 7. Two CD Copies Hyderabad [O[JT] BM BS cL HIGH COURT DATED:0810112025 \ I ORDER WP.No.20659 of 2024 on IHE S I.1 ( e 21 t/l/lfr 2w t i :r 1-y1EC * (r'' l- o } DISPOSING OF THE WRIT PETITION WITHOUT COSTS LR( rra\z\z'