High Court · 2025
Case Details
...RESPONDENTS Petition under Articre 226 of the 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 writ of Mandamus decraring the action of the respondents in not falowing the procedure laid down under section 4,1 1,12,21 ,2628 of The Right to Fair and Transparency in Land Acquisition, Rehabilitation and Compensation resetflement Act,201 3 in respect of the petitioners rand in Sy. Nos.23l1 ,23t1t2, 231113, 23l1r4r z3r1rs and 23/116 admeasuring Ac.1.o5 guntas, Ac.1-05 guntas, Ac '1-05 guntas, Ac.1-05 guntas, Ac.3-00 guntas, and Ac.3-17 guntas respectivery total admeasuring Ac.11-17 guntas situated at Naspur Virage and Mandar of Mancherial District(E rstwhire Adirabad District), which were acquired for the purpose of construction of integrated colrectorate is illegal, arbitrary and contrary to law apa( from vrolation of Articles I 4, 19 (i) (g), 21 and 300_A of the constitution of rndia and consequenfly direct the respondents to issue fresh notification in respect of the petitioners lands above mentioned in the interest of Justice. lA NO: 1 OF 2018 Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to suspend the notification issued by the Respondent No.3 dated. 17-02-20.18 tiil the disposal of writ petition in the interest of Justice pending disposar of the above writ petition. counsel for the petitioners: sRr c.PRAVEEN FoR sRr M.R.s.sRrNrvAS Counsel forthe Respondent Nos.1 TO 3 & 5: Gp FOR REVENUE counsel for the Respondent No.4: sRr s.LAxMrNeneyarue, AGp FoR LAND ACQUISITION ; W.P.NO: 23888 OF 2019 Between:
1. Md Tahedrin Ali, TaherAli, S/o Ali, Age.36 Yrs, Occ. SCCL Emptoyee and Agriculture. ? l-lyfqd_Bi1 Hasan, S/o Hasan, Age. 70 Yrs, Occ. Agriculture. 3. Mohd Bin Hasan, S/o Hasan, Age. 60 Yrs, Occ. Agriculture. All are Ri/o Naspur Village and Mandal, Dist. Mancherial( Erstwhile Adilabad District) AND ...PETiTIONERS '1 . The State of Telahgana, Rep. by the Principal Secretary (Revenue), 2. The State ofTelangana, Rep. bythe Special Chief Secretary Revenue(Assn- Secretariat, Hyderabad. l), Secretariat, Hyderabad.
3. The District Collector, Mancherial District, Mancherial. 4. The Land Acquistion Officer/Revenue Divisional Officer, Mancherial, Mancherial District.
5. The Tahasildar, Mancherial Mandal, Mancherial District. ...RESPONDENTS 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 issue a writ, order, or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not following the procedure laid down under section 4,11,12,21 ,26 and 28 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and resettlement Act,2013 in respect of the petitioners land in Sy.Nos. 231112,231113, and 23l1l4l admeasuring Ac.1.05 guntas, Ac.1-05 guntas, and Ac.1-05 guntas respectively total admeasuring Ac.03.15 guntas situated at Naspur Village and Mandal of Mancherial District(Erstwhile Adilabad District), which were acquired for the purpose of construction of integrated Collectorate is illegal, arbitrary and contrary to law apart from violation of Articles 14, 19 (i) (g), 21 and 300-4 of the Constitution of lndia and consequently direct the respondents to issue fresh notification in respect of the petitioners lands above mentioned in the interest of \ Justice. lA NO: 1 OF 2019 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 q 7 the Respondents to stop construction work of integrated Collectorate complex, Mancherial in the Sy No.23 of Naspur Village, Dist. Mancherial pending disposal of the above writ petition. Counsel for the Petitioners: SRI C.PRAVEEN FOR SRI M.R.S.SRINIVAS Counsel for the Respondent Nos.1 TO 3 & 5: GP FOR REVENUE Counsel for the Respondent No.4: SRI S.LAXMINARAYANA, AGp FOR LAND ACQUISITION The Court made the following: COMMON ORDER t THE HON'BLE THE CH IEF JUSTICE ALOK ARADHE AND THE HON'BLE SRI JUSTICE J. SREENIVAS RAO WRIT PETITION Nos.25305 of 2018 and 23888 of 2019 COMMON ORDER (Per the Hon'ble Sri Justice J.Sreenivas Rao) W.P.No.25305 of 2018 is filed for the following relief "...lssue a writ, order or direction more particularly in tlte nature of Mandamus by declaring the action of thc rcspondenls in not follou,ing the procedure laid down under sections 4, I l, 12, 21, 26 qnd 28 o/ The Right to Foir Compensalion and Trarsparenqr in Lahd Acquisilion Rehdbilitation qhd Resettlement ,4a, 2013 in respect of lhe petilionet's lond in Sy.Nos.23/1, 23/l/2, 23/1/3, 23/l/4, 23/l/5 ond 23/l/6 admeasuring Ac.l.05 guntas. Ac.l.05 guntas, Ac.l.05 guntas, Ac.l.05 guntas, Ac.3.00 gunras and Ac.3.l7 gunlas respectively tolal adneoswing Ac.ll.l7 glntas situated at Naspur l,illage and Mandal o/ Mqncherial Districl (Ershehile Adilabad District) which were acquired Ior lhe purpose of conslruction of integrated Collectorate as illegol, drbitrary and contrqry to luw apart front violotion of Arlicles 14, 19(, (d,2l qnd 3004 of the Constitution of lndia and consequently direct lhe respondenls to iss e ftesh notficatiotl in respect of the pelitioners lqndt obove mentioned. ' W.P.No.23888 of 2019 is filed lor the follo"ving relief ' -..lssue a writ, order or dircction more particularly in the nature of Mandamus by declaring the aclion of the respondenls in not follov)inq the procedure latd down under sections 4, I l, I 2, 21, 26 and 28 of The Right to Fair Compensarion and Transparenqt in Lqnd Acquisitton Rehabililotion ond resettlement Act, 2013 in respect ofrhe petitioners land rn Sy.Nos.23/l/2, 23/l/3 and 23/l/4 admeasuring Ac.l.05 gunlas, Ac.l.05 guntu and Ac.l.05 gunlas respecti'ely lotal odmeosuring 4c.03.15 guntas siludled al Naspur Villoge and Mandal of Manchetiql District (Erstwhile Adilabad District) *hich u,ere acqtired lor the purpose t E 2 o.f t1)txstructiotl oI integrated C.rllectorate q.t illegdl, drbtttory dnd couttdnt to loy,dpartfron violation of Articles 14, 19(i)(g),21 attul 100,1 o.[ the Constitution of India and consequently (!irect the ra:pondt,nt.s to i!sue /resh notiJication in respecl of the petitioners l an ls o bot, e n en t i o necl
2. fleard Sri C.Praveen, leamed counsel reprcsenting Sri M.R.S.Srinivas, learned counseI for the petitioners and Sri S.Laxrninarayana, learned Assistant Government pleader lor Land Acquisition appearing on behalf of respondenr No.4.
3. Rcspondcnr No.4 filed counter affidavit in W.p.No.25305 of 201tl, whcrcin i1 was stated that respondent No.4-The Land Acquisition Olficer/Revenue Divisional Officer, Mancherial District passcd award vide proceedings No.A/259l201 g_3, dated
22.05.2018, aftcr tbllowing the due procedure as contemplated under the provisions of the Right to Fair Colnpensation and Transparency in Land Acquisition Rehabilitation, and Resettlement Act, 20t3
4. Thc rccord discloses that the petitioners have not questioncd tlre abovc said award passed by respondent No.4 on
22.O5.2018, in thcsc writ petitions. J
5. Hence, this Court is of the considered view that the cause in the writ petitions does not survive for adjudication 6 Accordingly, these Writ Petitions are disposed of, granting liberty to the petitioners to avail the remedies as available under law, including questioning the award dated, 22.05.2018 passed by respondent No.4. As a sequel, miscellaneous petitions, pending if any, sha stand closed. /ITRUE COPY// SD/. N.SRIHARI AS ANT REGI SECTION OFFICE R To Telangana. 1 . The Principal Secretary (Revenue), Secretariat, Hyderabad, State of z. fne S"pecial Chief Secretary Revenue(Assn-l), Secretariat, Hyderabad, State 3. The Dist-rict Collector, Mancherial District, Mancherial. A. ffre t-anO Acquisition Officer/Revenue Divisional Officer, Mancherial, of Telangana. Mancherial District.
5. The Tahasildar, Mancherial Mandal, Mancherial District. 6. One CC to SRI M.R.S.SRINIVAS, Advocate TOPUCI 7. Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at 8 T,iva CCs to GP FOR LAND ACQUISITION, High Court for the State of 9. Two CD Copies Telangana, at Hyderabad. [OUTI Hyderabad. [OUTI PSK BSR \q- I HIGH COURT DATED:0810112025 COMMON ORDER WP.Nos.25305 of 2018 AND 23BBB oJ 2019 HE SI4 / 1 A t{ c 0 1 ilAi 2025 \ I I \<: I a DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS \R coYtd &, .1"