High Court · 2025

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 to issue a writ, order or direction more particularly one in the nature of a writ of Mandamus declaring the action of the respondent no-6 in not deciding the claim statements filed by the petitioners in LAop.n o.7 of 2019 on the file of respondent no.6 and not depositing the compensation amount of Rs..10,g5,000/- per acre on par with other land losers, though submitted possession certificate issued by the I ahsildar, SathupalliMandal and other relevant documents establishing clear title and with no rival claimants as illegal, arbitrary and in violation to Art 14, 21 and 3004 of constitution and consequently to direct the Respondent no.6 to clisbu rse/deposit the compen5ation amount of Rs. i 0,95,0001 per acre on par with other land losers duly deciding the claim statement riled by the petitioners as erxpeditiously as possible with interest @18 %per annum. lA NO: 1 OF 2025 Petition under r3ection 151 CPC praying that in the circumstances stated in the affidavit filed in s;upport of the petition, the High Court may be pleased to consider the representation dt.25.'10.2024 submitted to the Dist. collector Khammam Dist, pending disposal of the above Writ petition. Counsel for the Petitioner : SRI ABDUL AZAM KHAN Counsel for the Respondents No.1,3to5: ASST.Gp FOR LAND ACQUISITION counsel for the Respondents No.2 , ||,r".$tti KUMAR REDDY, The Court made the following: ORDER I,i t C i a + * + * I * 7 THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR ORDER W.P. No.24223 of 2o25 Heard the learned counsel for thg petitioners and the respondents and with their consent this writ petition is disposed of at the admission stage

2. The petitioners are aggrieved by the action of the respondent No.6, District Court, represented by its Presiding Officer, Khammam District, in not deciding the claim statements hled by the petitioners in LAOP. No.7 of 2019 on the file of the respondent No.6 and not depositing the compensation amount of Rs.10,95,OO0/- per acre on par with other land losers, though submitted possession certificate issued by the Tahsildar, Sathupalli Mandal and other relevant documents establishing clear title though there are no rival claimants against the petitioners hled the present writ petition with a consequential prayer to direct the respondent No.6 to disburse/ deposit the compensation amount of Rs.10,95,000/ - per acre on par with other land losers duly deciding the claim statement fi1ed by the petitioners as expeditiously as possible with interest @ 18% per annum.

3. Today, when the matter has been taken up for hearing, it is submitted by the learned counsel for the petitioners that in similar set of facts and circumstances, this Court disposed of the W.P. No.26489 of 2025 on O3.O9.2025 directing the respondent No.6 I L I I I { r to consider the clairns of the petitioners therein ir-r LAOP. No.8 of 2019 and pass apprcpriate orders and prayed to pass simiiar order in the present writ petition.

4. The le,arned Assistant Government Pleader for Land A.cquisition does not disputc the submission made bf.the learned counsel for the petitioners.

5. In lhat view of the matter, recording the submissions made by the learned ,]ol.rnsel on either siCe, this writ petition is disposed of in terms of the orCer dated 03.09.2025 passed in V/.P. No.26489 of 2O2S by this Court rlirecting the respondent No.6 to consider the claims of lhe petitioners herein in LAOP. No.7 of 2019 and pass appropriate ordcrs, in accordance with law, within a period of six weeks, from the dat,: of receipt of a copy of this order.

6. The Registry is directed to append a copy of the order dated O3.O9.2025 passed in W.P. No.26489 of 2025 by this Courr along with this order.

7. In the re:;ult, this writ petition is disposed of. There shall be no order as to c,lsl s- As a st:quel, miscellaneous applications, if any pending, shall stand clos;ed. //TRUE COPY// SD/ TANT REG To,

1. The Principal Secretary, Revenue Department Buildings, State of Telangana, BRKR Bhavan, 500063 Telangana- r d I Id I DDY CER 1

2. The Managing Director, Corporate Office' Red Hills' Singareni Colleries Co Ltd., HYderabad.

3. The District Collector, Khammam District' Telangana 4. The Revenue Divisional officer (LA)(RDO), Khammam District' Telangana 5. The Mandal Revenue Officer' Sathupallytr/an-dal' Khammam District District' 6. . The Presiding Officer, District Court' Khammam' Khammam District' 7. One CC to SRI ABDUL AZAM KHAN' Advocate [OPUCI S.TwoCCstoGPFoRLANDACQUlSlTloN,HighCourtfortheStateof Telangana Telangana. IOUT] s one CC to SRI P.SRI HARSHA REDDY' SC for Singareni Collieries - ComPanY Limited. [OPUCI

10.Two CD CoPies BSK BS + ,it a t l4 l* { HIGH COURT DATED:2310912025 ..\ 10 rl[r z$fi \i <- ..:/- ORDER WP.No.24223 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS { I d [4 * + { f6 It l+ v {t L

6. N THE HOITOURABLE SRI .'USTICE IY.V. SHRAVAf, I(I,UAR ORDER: W.P. l!to. 26449 of 2O25 Heard t}le learned counsel for the pet.itioners and the respondents and with the_ir consent this writ petition is disposed of at the threshold. 2- The petitioners are aggrieved by the action of the respondent No.6, District Court, represented by its presiding O[Iicer, Khammam Distnct, in not deciding the claim statements filed by the petitioners in I-AOP. No.8 of 2Ol9 on the lile of the respondent No_6 and not depositing the compensation amount of Rs_ 1O,95,O0 O I _ per acre on par with other land losers, though submitted possession certificate issued by the Tahsildar, Sathupalli Mandal and other relevant documents establishing clear title and with no rival claimants, filed the present writ petition with a consequential prayer to direct the respondent No.6 to disburse/deposit the compensation amount of Rs.1O,95,OOO/- per acre on par with other land losers duly deciding the claim statement frled by the petitioners as expeditiously AS p sible with interest @ lB"/" per annum. 3 Acs The learned counsel for the petitioners would submit that the ioners No.l to 5 are the owners of tand to ar extent o[ 8.07 gts., 2.2O gts.,2-23y+ g!s.,l.22 gts., 1.23 gts., in Sy.No.119, vely, situated at Kommepalli village, Sathupalli Mandal, Kh4mmam District (hereinafter referred to as the subject property,) S i 2 and are clairrraxts in LAOP. No.8 of 2O19. It is their case that as per the requisition c,f SCCL to acquire the land to an extent of Acs.680.07 gts., for the pu rpose of JVR OC-II mining in the village limits of Kommepalli, Sa'hupally Mandal in the year 2OO9, a Notification was issued under the provisions of the Land Acquisition Act, 1894. Subsequently, tlre Special Deputy Collector had passed t1.e General Award under Section 1 1 calculating Rs.3,48,935/ - towards compensatiorr per acre. As the sard amount was not accepted by t]le ryoths, tie krnc Acquisition Oflicer referred the matter to the Dist ct Court, Khammam and the same was numbered as [,AOP. No.619 of 2014 lor KomeJrally village and deposited certain amounts into the said Court. Afte r severa-l consensus, compensation of Rs.1O,95,OOO/- per acre was agreed and awards were passed by the I-ok Adalat. Despite the r;airl awards, compensation was not disbursed by tJ:e Principal District and Sessions Judge on tJre ground that the awards did not contaln Lhe signatures of all the rival claimants. Aggrieved by the same, thr: f;armers filed W.P- No.13995 of 2018 and this Court disposed of the said writ petition on 3O.O4-2O18 directing the District Judge, Khammam to disburse amounts in terms of I-okadalat award a-long with interest accrued i.e. l8o/". It is further submitted that the said [AOP. No.619 of 2014 pertaining to Kommepally village on the file of the h inr:ipal District and Sessions Judge, Khammatn was sub-divided, Sased on the survey numbers and the Sy.No.119 of Kammepalli Iillzrge became part of t AOP. No.8 of 2019, which is subject matter in the present writ petition. It is further submitted that there are no rival claimants agatnst the p€titioners and all the petitioners have f,rled their claim statement in the LAOP. No.S of 2019 way back in the year 2019 however, is still pending adjudtcatron. Hence, ttre petitioners liled the present writ petition.

4. On the other hand, the learned Government pleader for Land Acquisition has placed a copy of written instructions dated O2.O9.2O25, based on which, it is submitted that the then Special Deputy Collector (I-A), IPI & Railways, Khammam deposited the entire award amount includrng interest of Rs.18,84,33 ,666-56 /- before the Principal District Judge, Khammam vide Cheque No.O62218, dated

23.04.2014 under Section 3f (2) of the t and Acquisirion Act, 1894 and the batch case was numbered as [AOP. No.6l9 of 2O14. Later, the Principal District Judge, Khammam sub-divided based on survey numbers for instance lands acquired in Sy.No.l19 and numbered as [AOP. No.s of 2079 and the writ petitioners are covered in tAOp. No.g of 2019- Further, the Principal District Judge, Khammam transferred the case file including lald compensation pertaining to LAOp. No.g ot 2O19 on 29.O7.2027 to the IV Additional District and Sessions Judge, Sathupalli and the t AOP No.8 of 2Ot9 which is under adjudication.

5. At this juncture, the learned counsel for the petitioners would submit that the petitioners herein are five in number and there are no rival claims against the respective extents of the subject land and therefore, they may be permitted to withdraw t}Ie amounts corresponding to their extents of land. I 4

6. In that view of the matter, recording the submissions made by the learned cotrnsel on either side, this writ petition is disposed of directing the respondent No.6 to copsider the claims of the petitioners herein in I-AOP. No.8 of 2Ol9 and pass appropriate orders, in accordance with law, within a period of six weeks, from the date of feceipt of a cop'\,, of this order. 7- Accordrngly, this writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, if any pending, shall stand closed. Date: O3.(X).2O25 I.SK JUSTICE T.V. SIIRAVAT KT'UAR