✦ High Court of India · 26 Aug 2025

Dubbaka Latha v. '1 . 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
1,434 words

Counsel for the Petitioner : SRI RAPOLU BHASKAR Counsel for the Respondent Nos.1 to 3 & 5 : AGP FOR R[:\'ENUE Counsel for the Respondent No.4 : AGP FOR ROADS ANI) BUILDINGS The Court at the stage of admission made the following CTFIDER THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR ORDER: W.P. No.2426O of 2o25 Heard the learned counsel for the parties and with their consent this writ petition is disposed ol at the admission stage itself.

2. This writ petition is filed questioning lhe action of the respondent Nos.3 to 5 in trying to lay the road on the cultivating land of the petitioner to an extent ol Ac.2-00 guntas in Sy.No.505A/2, which is situated at Nerada villagc, Chityala Mandal, Nalgonda District (hereinafter referrcd as subject property) by occupying the land to an extent of Ac.2-0O guntas without paying the compensation under the provisions of Right to liair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for extention of Road Widening from Chitvala to Brahmana Vellemla Village.

3. The facts in brief are that thc petitioncr claims to be the owner and possessor and enjoyer ol subject property which has been succeeded by him from ancestors. I t is further submitted that the said land is situated very adjaccnt to Chityala [o Brahmana Vellemla Road. trarlier the Mandal Parishad authorities layed the road between the Chityaia to Brahmana Vellemla u.ith rvidth of 3O feet road. Now the respondent Nos.3 lo 5 arc intcnding to cxtend the road from Chityala to Brahmana Vellemla lrom 30 leet road to 1O0 feet road. Accordingly, the Roads and Buildings authoritics granted the funds \. - 2 upto Rs. 1O.0O crores for widening of road from Chi _,, ala to Brahmana Vellemla and the respondent Nos.3 to 5 are tryirrg ,o lay the road by occupying his rand upto Ac.2-00 guntas in Sy.N. aosA/2, which is situated at Nerada Village, Chityala Manclal, Nalgor-ti:L District u,ithout passing the arvard and without paying tl.LC compensation. Questioning the same, the present writ petition is fi.cr .

4. The Revcnue Divisional Ofhcer/ responden L No.3 pl:rced copy of Lhe instructions [hrough the learned AssistanL Govr:rrrnenI pleacler for Land Acqui:;ition stating that no requisition proposr,Lts u,ere received from the Reqursition Department i.e., the Executrve Ongineer (R&B), Nalgonda as such no land acquisition proceedi.rgs lri:r.c [-,cer-r initiated by the 3rd rr:spondent. Similarly, Executive Enginr:i.r (lt&B) Division, Nalgonda h as also placed insturctions to thc . r::: rned Assistant Government Pleader R &B staLing that the roarl l.rorn Nalgonda Munugode road to Chityala road from Km O/O Lo 23,/ ,,.) u,as Laken over from the Panchayat Raj Department and at the time oi taking over the road, the Right of way (Row) of the road is 66 feet (3 3 lect centre 33 feet). Irurthr-'r, the work ,,Widening and Strengther ir.rg of Nalgonda- Munugode Road to Chitvata v1a Nerecia, Appajipe ta, Brahmanavellan'rla road lrom Km.O/O_23/O rn Nalgoa,l, District,, was sanctioned br. the Government of Telangana T (R&B). l):partment vide G.O.Rt.No.401 T (R&B) (R. 1) Department dated 15.0:1.,tO24 and work was let out tc, M/s.GSR Constructions, vide Agreemcrr,. No /2024_ 25 dated O3.1O.2O24. It is further submitted that :ire rvidenins of existing single lane to double lane road work is in progress and that the widening of road work is being taken up ir-r thc existing road boundary itself and not as claimed by the petitioner that the road is being laid in his subject land. Further, thc existing single lane road is being widened to double land of 7.0m carriage way with 1.Om shoulders on eiLher side withrn Right ol Wa5' of Road (66 feet) and not 100 feet as submitted by the petitioner and thc other submissions made by the petitioner were denicd. It is further submitted that no for compensation as representation has been received r€questing ) \ claimed by the petitioner. It is further submitted that the road is laid in the existing road boundary and not in the petilioner's property hence payment of compensation does not arise and need not be f traversed.

5. From the above submissions, it would revcal that the existing single lane road is being widened to doublc lane of 7.0 m carriageway with 1.0m shoulders on either side within Right of Way of Road (66 feet) and not 1OO feet as submitted by thc petitioner and that no representations have been received by thcir officc requesling for compensation and the claim made by thc petitioner is faise in nature' Similarly, respondent No.3 also submitted lhat since no requisition proposals were received from the requisition 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 nol rcquired for the said purpose. \ I 6' Recording rhe same, the respondents are (r r,-cted to foUos. clue process of law before initiating any action on thc .retitioner,s sub.lcct property 7 Wit,r thcse observations, this writ petition is tlisposcd of There shall be nc order as to costs As a sequel, miscellaneous applications if arry pcncling, shall stanrl closed. sD/-F- A${ //TRUE COPY// 0/l LLIKARJUNA RAO lrs ANT REGISTRAR \t ECTION OFFICER 1. The Principal Secretary, Revenue Department (Land'l(c q uisition ) Secretariat 2. The District Collector, Nalgonda, Nalgonda District. 3. The Revenue Division Officer/ Land Acquisition Office-. Nalgonda Division, Building. Secretariat, State of Telangana at Hyderaba(i. I I To Nalgonda District. Nalgond a District. Hyderabad. [OUT]

4. The Executive Engineer, Roads and Building Departmr: rt, Nalgonda Division,

5. The Tahsildar, Chityala Mandal, Nalgonda District. 6. Two CCs to GP FOR REVENUE, High Court for the S:ate of Telangana at Telangana at Hyderabad. [OUT]

7. Two CCs to GP FOR ROADS AND BUILDINGS, High C.ourt for the State of 8. One CC to SRI RAPOLU BHASKAR, Advocate [OPUO] 9. Two CD Copies SA GJP HIGH COURT DATED:2610812025 I 1 (-) Tar€ c 21 iil:P 7[7q C ORDER WP.No.24260 of 2025 DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. )4 Ll W

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