✦ High Court of India · 26 Aug 2025

Dubbal<a Seetha Reddy S/o Late Venkat Narsimha Reddy v. The State of Telangana

Case Details High Court of India · 26 Aug 2025
Court
High Court of India
Decided
26 Aug 2025
Bench
Not available
Length
1,388 words

Petrtron Under Article 226 of the constitutron of India praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondent Nos.3 to 5 in trying to lay the road on the cultivating land of the petitioner to an extent of Ac.8.01 Gts in survey No.505Aa, which is situated at Nerada village, chityala Mandal, Nalgonda Drstrict by occupying the land to an extent of Ac.2.00 Gts without paying the compensation under the provisions of Right to Fair compensation and rransparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for extension of Road widening from chityala to Brahmana Vellemla Village is illegal, arbitrary, unconstrt.il onal and violation of Articles 14, 15,21 and 300-,4 of Constitution of lndia and also violation of Principles of Natural Justice and consequently direct the Respondent Nos.3 to 5 to pay the compensation under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resr:ttlement Act, 2O13 and acquire the land of the Petitioner to lay the road in Su r .,ey No 505Aa which is situated at Nerada Vrllage, Chrtyala ltrlandal, Nalgonda Dis rct. l.A.NO:1 OF 2025 Petition Under Section 151 CPC praying that in the crrcumstances stated in the affidavit filed in support of the petition, the High Ccurt may be pleased to direct the Respondent Nos.3 to 5 to pay the compensatior 1o the Petitioner under the provisions of Right to Fair Compensatron and f r ansparency in Land Acquisition, Rehabrlitation and Resettlement Act. 2013 ancl ;:cquire the land of the Petitioner to lay the road in Survey No.505Aa whrch is sitr- ated at Nerada Village, Chityala Mandal, Nalgonda District pending disposal of the w,rit petition. Counsel for the Petitioner : SRI RAPOLU BHASKAR Counsel for the Respondents : GP FOR REVENUE The Court at the stage of admission made the following I)RDER THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR ORDER W.P. No.24379 of 2o25 Heard the learned counsel for the parties and with their consent this writ petition is disposed of at the admission stage itself'

2. This writ petition is lilcd qucstioning the action of the respondent Nos.3 to 5 in lrying to lay the road on the culrivating land of the petitioner lo an extent of Ac.B-O I guntas in Sy No 5O5Aa' which is situated at Nerada village, Chitl'ala Mandal, Nalgonda District (hereinafter refcrred as subject property) by occupying the land to an extent ol Ac.2-00 guntas withoul paying the compensation under the provisions of Right to llair Compensation and Transparency in Land Acquisition, RehabiliLaLion and RescLtlemcnl Act, 2O13 for extention of Road Widening from Chityala to Brahmana Vellemla Village' The facts in briei arc Lhat Lhc petitioner claims to be the owner 3. and possessor and cnjoycr of subjcct property v''hich has been succeededbyhimfromancestors.[tisfurthersubmittedthatthe said land is situated very adjacent to Chityala to Brahmana Vellemla Road. Earlier the Mandal Parishad authorities layed the road between the Chityala to Brahmana Vellemla with rvidth of 3O feet road' Now the respondent Nos.3 to 5 are intencling to extend Lhc road lrom ChityalatoBrahmanaVellemlalrom30feetroadtol00fectroad. Accordingly, the Roads and Buildings authorities granted the lunds upto Rs.1O.OO crores for rvidening of road from Chityala to Brahmana .- 1 Vellemla and the respondent Nos.3 to 5 are trying ro lay the road by occupying his Iancl upto Ac.2_0O guntas ln S5..No :rr)SAa. which is situated at Nerada Village, chityala Mandal, Nalgonrl r t)istrict without passing the ar,vard and rvithout paying tlri compcnsation Que stioning the sermc, the present writ petition is fik.r i

4. The Rcvcrruc l)ivisronal O fficcr/ re sponden I No.i placcd copy of the instructions rrough the learned Assistant Gove.r.rent pleader for Land Acquisition stating that no re quisition propos:r I .; u,cre received from the Requisitron Department i.e., the Executivr, I._ngineer (R&B), Nalgonda as such no land acqursi[ion proccedings h;ri,. [1.r:11 initiated by the 3.a respo,rlent. Similarly, Executive Enginer.r (R&I}) Division, Nalgonda has :rlso placed insturctions to the l..rL ncrl Assistant Government Plcadcr R &B stating that the roacl rom Nalgonda Munugode road to Chityala road from Km O lO to 23 I (., ,r,as Laken over lrom the Panchayat Raj Department zrnd at the timc o r aking over the road, the Righr of'Way (ROW) of the road is 66 feet (31) 1i et _ Centre 33 leet). Further, thc work ,,Widening and Strengtheni rr, o[ Nalgonda Munugode Roa<.l to Chityala via Nerccli . Appajipeta, Brahmanavellamla road from Km.o/0 -23/o in Nalgonri r District,, was sanctioned by thc (iovernment of Telangana T (R&B) i.)r.par.l,ment vide ().O.Rt.No.401 T (R&B) (R.1) Departmenr daled lS.O:\ )a24 ancl work was let out to M/s.GSR Constructions, vide Agreemi:r r No. 12024_ 25 dated O3.1O.2O24. It is further submitted that rl_e rvidening of existing single lane to double lane road work is in pr, ,irress and that . J - the '"l,idening of road u'ork is being taken up in the exisling road boundary itsclf and not as claimcd by thc pctitioner that thc road is being laid in his subject land. Further, thc existing single lane road is being widened to double land o[ 7.0m carriage way with 1.0m shoulders on either side within Right of Way ol Road (66 feet) and not l0O.feet as submitted by the petitione r and the other submissions made by the petitioner were dcnied. lL is further submitted that no representation has been reccivcd requcsting for compensalion as I ctaimed by the petitioner. [t is further submitted that the road is laid in thc existing road boundary and not in the petitioner's property hence payment of compensatiorr does not arise and nced not be traversed.

5. From the above submissions, it would reveal that the existing single lane road is being widencd to doublc lane of 7 0 m carriageway with 1.0m shoulders on either side witl-rir-r Right of Way of Road (66 feet) and not lOO feet as submittccl b1' the petitioner and that no representations _have been reccived b1' their office requesting for compensation and the claim made by the pctitioner ts lalse in nature Similarly, respondent No.3 also submitted that sincc no requisition proposals were received from the requisilion department i e, Executive Engineer (R&B), Nalgonda, as such respondent No 3 is not taking any steps to acquire the said lands as it is not required lor the said purpose. I

6. Rccording the same, thc respondents arc clir,,, 566 to follou. duc process of law, before initiating any action on tho l),.titioner,s subject property 7 . With thesc observ2li6515;, this rvrit petition is .lrsposr:d of. Therc shall bc no order zrs to costs. As a sequel, miscellaneous applications, I an-v pcnding, shall stand closed. //TRUE COPY// SD/-MOHD. ISMAIL 'Dtpurv REGTsTRAR $ecrroru orrrcen Building, Secretariat, State of Telangana at Hyderaba(l

1. The Principal Secretary, Revenue Department (Land li6quisition) Secretariat 2 The District Collector, Nalgonda, Nalgonda District. 3. The Revenue Divrsion Officer/ Land Acquisition Officer Nalgonda Division, 4 The Executive Engineer, Roads and Building Departm:rrt, Nalgonda Division, Nalgonda District. Nalgonda District.

5. The Tahsildar, Chityala Mandal, Nalgonda District. 6. Two CCs to GP FOR REVENUE, High Court for the Slate of Telangana at T One CC to SRI RAPOLU BHASKAR, Advocate [OPUC)] 8 Two CD Copies Hyderabad, [OUT] To SA BS HIGH COURT DATED:2610812025 , a:" /' --,':a ,r' i" j ]t:,". -.,:,.,\. 2 3 Stt ]ofr .r, * -\ - L .:/' ORDER WP.No.24379 of 2025 DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS.

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