The High Court · 2025

Petition under Article 226 of lhe Constrtution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an Order, Direction or Writ, more particularly in the nature of a Writ of Mandamus declaring the action of the Respondents No. 2 to 5 in trying to demolish the structures and dispossess the Petitioner for the purposes of laying road/ road extension in part of the Petitioners property admeasuring Ac. 1-12 Gts in Sy. No. 450 situated at Muthangi Village, Patancheru, without there being publication of any notification, or initiation of procee.ri gs or payment of compensation under the provisions of National Highways Ac , 1956 or Right to Farr Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 as arbitrary, illegal, high-handed, 'r.: ativ: of prrncrples of natural justice ancl apart from being violative of Article, -4 ard 30OA of the to direct Responder t No. 2 to 5 to not to Constitut on of Indra and cons€quently demolish the strJctures or dispossess the Petitionc' frorn the property admeasurng Ac. 1 12 Gts in Sy No. 450 situated i t IVutlrangi Village. Patancheru. excepr wrth due process of law. lA NO: 1 OF 2025 Petition undor Section 15.1 CPC praying that in the cl,tumstances stated ln the affidavit filed in support of the petition, the High Court rna,l be pleased to direct Respondents No. 2 to 5 to not to interfere with the perrr reful possession and enjoyment of the Petitioner's property admeasuring Ac. 1- 1 .2 Gts in Sy. No. 450 situated at l\4uthangi Village. Patancheru, except with due p,r cess of law Counsel for the Petitioner: SRl. T BALA MOHAN REDDY Counsel for the Respondent Nos.1,4&5: GP FOR ROADS E UILDINGS Counsel for the Respondent NOs.2&3: SRI K. DHANANJt."A NAIDU SC FOR NHAI Counsel for the Respondent NOs.6 to 8: AGP FOR LAND l,CQUlSlTlON The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.24200 OF 2025 ORDER: This writ petition is filed seeking the follo'"ving prayer "...declaing the action of the Respondent Nos.2 to 5 in trying to demolish the structures and dispossess tte petitioner for the purposes of laging road/ road extension in part of the Petitioners propertg admeasuing Ac.1-12 gts., in Sg No'450 situated at Muthangi Vtllage, Patancheru (subject property) uithout there being publication of any notification or initiation of proceedings or paynent of compensation under the prouisions of National Highways Act, 1956 or Right to Fair Compensation and Transparencg in Land Acquisition Rehabilitation and Resettlement Act, 20 1 3 as arbitrary, illegal, highhanded, uiolatiue of pinciple s of naturaL justice and apart from being uiolatiue of Article 74 artd 3004 of the Constitution of India and consequentLg to direct Respondents Nos.2 to 5 to not to demolish the structures or disposses s the Petitioner from the propertg admeasunng Ac.1-i2 gts., in Sg No'450 situated. at Muthangi Village, Patancheru except u'tith due process of latt-t." \

2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Roads and Building I rL :i2:, representing respondent Nos. I , 4 and 5; I {r.1.. Dhanaaja,r.a Naidu. lean-red standing counsel for N ii {l respondent Nos.2 and 3 and learned Assis trrnt Government representing Pieader for l-and Acquisition appearing on belr r-lf ol respondent Nos,6 to B. With their conscnt, this writ petiti ) I is taken up for d isposal.

3. The facts of the case in brief are tha, petitioner claims to be absolute ou,ner and possessor of the subject property acquired by rvalr of registered sale deed bearing Doc.No.4160/ 198 I dated 17.11.19g1 and Dor: No.420B of 198 l dated 20.11.1981. The respondent authorlres are causing i.terference *,ith their possession and enjo) r rent of the land claiming that rhe subject propcrty is requirerl f rr the purpose of existing National Highway 6 5 leading fro r r Hyderabad to Mumbai. It is further submitted that respondt: Lt authorities are trying to dispossess the petitioner from thc rrubject land and have made marking on the subject pro : r:rties and that respondent authorities have also awarded cortract for u,idening of the road. Questioning the same, the prese r t writ petition is filed. / / .",.... € / ::3::

4. Today '6/hen the matter is taken up for hearing, learned counsel lor the petitioner submits that in similar circumstances, this Court in W.P.No.28984 of 2024 dated 21 .11.2O24 has disposed of the rvrit petition as follows: "8. Hauing regard to the submissions made as aboue and- in order to nnintain paritg, for tlrc reasons alike as stateC in the order dated .20.09.2024 in W.P. No.25863 of 2024, this Court is of the uieu-t that the respondent authoities are to be d.irected to foltou due process of lau in the euent the lancls of the petitioners are required for the purpose of expansion of eisting 100 feet National HigLtutag No.65."

5. Learned counsel for the petitioner prays this Court to pass simiiar order

6. Learned Assistant Government Pleader for Road s and Buildings appearing on beha-lf of respondent Nos'3 and 4 has placed a copy of instructions issued by the Executive Engineer (R&B), NH Division, Hyderabad stating that road widening rvork f will be taken up with ROW of 200 feet on Pune - Hyderabad Road sectron of NH-65 and the department never take up any piitt" work outside ROW. It is furtLrer submitted that if "n1 / / |,4:i land is reqrrirerl outside ROW, then the Depar t nent u,ill foliou, due procedrrrc lor iand acquisition as per Nrr ional Highways Act. Learner:l Assistant Got,ernment Pleader rr.t.t1d also submit since the pc1 itioncr herein is similarly pJ : :ed person as petitioners in W.P.No.28984 of 2024, tine said r I ler u,ould apply to the facts of the present case.

7. Having re gard to the submissions mrL, te above and in order to maintarin pal'ity, this Court deems i appropriate to dispose of thc writ petition with a directior to respondent authorities to follovv due process of law in the ,: 'ent. the lands of the petitioncrs are required for the purpose of expansion of existing 100 lect Natior-ral I{ighn,ay No.65.

8. Accordir-rgly, the rvrit petition is dispos,r Iof Miscell:rncous pctitions, if any, pend Lr rg in this writ petition shall stand closed. No costs //TRUE COPY// SD/. U. SUDHA ASS ISTANT REGISTRAR G SECTION OFFICER To,

1. The Principal Secretary, Roads and Buildings Departrr rnts, Secretariat, Hyderabad

2. The Regional Officer, National Highways Authority of Ildia, Regional Office, Hyderabad, '1St Floor. New Building, Administrative St rff College of lndia, College Park Campus, Road No. 3. Banjara Hills, Hyr[,rabad - 500034 --sry

3. The Project Director, NHAl,, D No.9-86, Vidyanagar Colony, NHAI, PlU, Pothireddypally, Sangareddy District - 502295

4. The Superintending Engineer, Roads and Buildings Circle, Sangareddy District

5. The Assistant Executive Engineer, Roads and Buildings, Sanga Reddy (Sub- Division) Pa ntancheru-S ectio n, Sangareddy District.

6. The District Collector, (Land Acquisition), Sangareddy District. 7. The Revenue Divisional off ice r-cum-Land Acquisition officer, Samareddy, Sangareddy District

8. The Tahsildar, Patancheru l\,4andal, Sangareddy District 9. One CC to SRl. T BALA IVOHAN REDDY Advocate [OPUC] 10.One CC to SRI K DHANANJAYA NAIDU SC FOR NHAI [OPUC] 11 Two CCs to GP FOR ROADS BUILDINGS ,High Court for the State of Telangana. [OUT]

12. Two CCs to GP for Land Acquisition, High Court for the State of Telangana at Hyderabad. [OUT] 13 Two CD Copies KKS GJP I i HIGH COURT DATED:2010812025 a ,; (. irE si 14 r^ ,J \,? \.* \.. (S 2l il0tl ma - :)'.1,-i! a\ .*,/ :,/ -i' ORDER WP.No.24200 of 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS \r