✦ High Court of India · 06 Mar 2025

The High Court · 2025

Case Details High Court of India · 06 Mar 2025
Court
High Court of India
Decided
06 Mar 2025
Bench
Not available
Length
2,287 words

to declare action of the first respondent in trying to dispossess the petitioner from his houses bearing Nos.S1-5-581 and 51-5-582 constructed over an area of 484 Sq. yards, situated in Sy.No. 498' Vangapahad village, Hasanparthy Mandal, Warangal Urban District, along with open land for the purpose of laying four lane of National - ii) Highway No.202 (New NH No.163) without initiating land acquisition proceedings or showing the houses in the land acquisition proceedings by the respondent No. 'l and without paying any compensation to him and the consequential inaction on the part of fourth and first respondents in not considering his request dated 19.12.2016 and 4.2.2017 as illegal arbitrary, unjust apart from violative of principles of natural justice and to consequently to direct the respondents not to dispossess the petitioner from his houses bearing Nos. 51-5-5Bl and 5'l-5-582 constructed over an area of 484 Sq. yards situated in Sy.No. 498, Vangapahad village, Hasanparthy Mandal, Warangal District, along with open land without initiating Iand acquisition proceedings and without paying any compensation under the Land Acquisition Act. l.A. NO: 'l OF 2017(WPMP. NO: 9665 0F 20171 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 the respondents not to dispossess the petitioner from his houses bearing Nos. 5'l-5-581 and 51-5582 constructed over an area of 484 Sq. yards situated in Sy.No. 498, Vangapahad village, Hasanparthy Mandal, Warangal Urban District, without paying compensation to him by including the same in the acquisition proceedings lA NO: 1 OF 2018 Between: The National Highway Authority of lndia, Hyderabad, rep. by its project Director, NHAI, PlU, Warangal. ...PETITIONER AND

1. 2 3 4 Musku Chinna Hanumanthu, sio Gangapuri, Aged 60 years, Occ Agriculture, Rl/ o Vangapahad Village, Hasanparthy mandal, Waran!al Urban District. The Competent Authority Land Acquisition Officer-cum-Revenue Divisional Officer, Warangal, Warangal Urban District. Union of lndia, Shipping, Road Transport and Highways (Department of RT and Highways), New Delhi, Rep. by its Secretary The District Collector, Warangal, Warangal Urban District.

5. The State of Telangana, Roads and Buildings Department, Secretariat Buildings, Hyderabad, Rep. by its Principal Secretary. ...RESPONDENTS 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 vacate lhe interim order dt. 08.03.2017 passed in WPMP No. 9665/2017 in WP No. 7836 o'f 2017. Counsel for the Petitioners: SRI NANDIGAM KRISHNA RAO Counsel for the Respondent No.1 & 4: GP FOR LAND ACQUISITION Counsel for the Respondent No.2: SRI M.RAMU, SC FOR NHAI Counsel forthe Respondent No.3: SRI GADI PRAVEEN KUMAR, DEPUry SOLICITOR GENERIAL OF INDIA Counsel for the Respondent No.5: GP FOR ROADS & BUILDINGS WRIT PETITION NO: 7843 OF 2017 Between: Smt. Amancha Narsamma, w/o Vasudeva Prakash, Aged 50 years, Occ Agriculture, Rl/o Vangapahad Village, Hasanparthy mandal, Warangal Urban District. ...PETITIONER AND 1 2 3 4 5 The Competent Authority Land Acquisition Officer-cum, Revenue Divisional Officer, Warangal, Warangal Urban District. The National Highway Authority of lndia, Hyderabad., - Union of lndia, Shipping, Road Transport and Highways (Department of RT and Highways), New Delhi, Rep. by its Secretary The Diskict Collector, Warangal, Warangal Urban District. The State of Telangana, Roads and Buildings Department, Secretariat Buildings, Hyderabad, Rep. by its Principal Secretary. ...RESPONDENTS 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 Writ of Mandamus- i) ii) to declare the action of the first respondent in earmarking land of the petitioner in Sy.No.504/ A, Vangapahad village, Hasanparthy Mandal, Warangal District, to an extent of Ac.0.25 guntas showing the same as if it is in Sy.No.5'17 for public purpose of laying four lane of National Highway No.202 (New N.H. No. 163)and the consequential inaction on the part of the first and fourth respondent in not considering her requests dated 19.12.2016 and 4.2.2017 as illegal arbitrary, unjust apart from violative of principles of natural justice and contrary to the revenue records including pattedar passbook issued to her and to consequently to direct the respondents to pay compensation to the petitioner under Land Acquisition Act for the land acquired by the respondents LA. NO: 1 OF 2017(WPMP. NO: s672OF 2017) 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 the respondents not to dispossess the petitioner from her land in Sy.No.504/4, Vangapahad village, Hasanparthy Mandal, Warangal District, to an extent of Ac.0.25 guntas which is show as if it is in Sy.No.517 of the said village. lA NO: 1 OF 2018 Between: The Project Director, Nattonal Highway Authority of lndia, Balasamudram, Hanmakonda, Warangal Urban Diskict. ...PETITIONER AND 1 2 3 4 5 Smt. Amancha Narsamma, w/o Vasudeva Prakash, Aged 50 years, Occ Agriculture, R:/o Vangapahad Village, Hasanpa(hy mand-al, Wara'ngal Urban District. The Competent Authority Land Acquisition Officer-cum, Revenue Divisional Officer, Warangal, Warangal Urban District. Union.of India, Shipping, Road Transport and Highways (Department of RT and Highways). New Delhi, Rep. by its Secretary - The District Collector, Warangal, Warangal Urban District. The State of Telangana, Roads and Buildings Department, Secretariat Buildings, Hyderabad, Rep. by its Principal Secrefary. ...RESPONDENTS 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 vacate the interim order dated 08-03-2017 in WP.MP.NO 9672/ 2017 passed in W.P.No. 7843 of 2017. Counsel for the Petitioners: SRI NANDIGAM KRISHNA RAO Counsel for the Respondent No.:l & 4: GP FOR LAND ACQUISITION Counsel for the Respondent No.2: SRI M.RAMU, SC FOR NHAI Counsel for the Respondent No.3: SRI GADI PRAVEEN KUMAR, DEPUTY SOLICITOR GENERIAL OF INDIA Counsel for the Respondent No.S: GP FOR ROADS & BUILDINGS WRIT PETITION NO: 7901 OF 2017 Between:

1. Smt. Vang Musku Anasuya, w/o Sambaiah, Aged 48 years, Occ Housewife, R/o apahad Village, Hasanparthy mandal, Warangal Urban District. 2. Musku Devendar, s/o Kishtaiah, Aged 40 years, Occ Coolie, Rl/o Vangapahad Village, Hasanparthy mandal, Warangal Urban District. ...PETITIONERS AND 1 The Competent Authority Land Acquisition Officer-cum-Revenue Divisional Officer, Warangal, Warangal Urban District. 2 J 4 5 The National Highway Authority of lndia, Hyderabad. Union of lndia, Shipping, Road Transport and Highways (Department of RT and Highways), New Delhi, Rep. by its Secretary The District Collector, Warangal, Warangal Urban Districl. The State of Telangana, Roads and Buildings Department, Secretariat Buildings, Hyderabad, Rep. by its Principal Secretary. ...RESPONDENTS Petition under Article 226 oI 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 Writ of Mandamus- i) ii) to declare action of the first respondent in trying to dispossess the petitioners from their house constructed over a bit of land admeasuring 4c.0.12 guntas situated in Sy. No. 501/A, situated at Vangapahad village, Hasanparthy Mandal, Warangal Urban District, along with open land for the purpose of laying four lane of National Highway No.202 (New NH No.'l 63) without initiating land acquisition proceedings or showing the house in the land acquisition proceedings by the respondent No. I and without paying any compensation to them and the consequential inaction on the part of fourth and first respondents in not considering their requests dated 19.12.2016 and 4.2.2017 as illegal arbitrary, unjust apart from violative of principles of naturat justice and ii) to consequently to direct the respondents not to dispossess the petitioners from their house constructed over a bit of land admeasuring 4c.0.12 guntas situated in Sy. No. 501/A, Vangapahad village, Hasanparthy ltrlandal, Warangal District, along with open land without initiating land acquisition proceedings and without paying any compensation under the Land Acquisition Act. l.A. NO: 1OF 2017(WPMP. NO i 9746 OF 20'l7l 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 the respondents not to dispossess the petitioners from their house constructed over a bit of land admeasuring Ac.0.12 guntas situated in Sy. No. 50'1/A, Vangapahad village, Hasanparthy Mandal, Warangal Urban District, without paying compensation to them by including the same in the acquisition proceedings. lA NO: 1 OF 2018 Between: The Project Director, National _Highway Authority of lndia, Balasamudram, Hanmakonda, Warangal Urban District. ir.'E AND ...PETITIONER 1 2 Smt. Musku Anasuya, w/o Sambaiah, Aged 48 years, Occ Housewife, Fl/o Vangapahad Village, Hasanparthy mandal, Warangal Urban District. Musku Devendar, s/o Kishtaiah, Aged 40 years, Occ Coolie, Rl/o Vangapahad Village, Hasanparthy mandal, Warangal Urban District.

3. The Competent Authority Land Acquisition Officer-cum-Revenue Divisional Officer, Warangal, Warangal Urban District.

4. Union of lndia, Shipping, Road Transport and Highways (Department of RT and Highways), New Delhi, Rep. by its Secretary

5. The District Collector, Warangal, Warangal Urban District. 6. The State of Telangana, Roads and Buildings Department, Secretariat Buildings, Hyderabad, Rep. by its Principal Secretary. ...RESPONDENTS 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 vacate the interim order dated 08.03.20'17 in WPMP.no. 974612017 passed in WP.No. 790112017. Counset for the Petitioners: SRI NANDIGAM KRISHNA RAO Counsel for the Respondent No.1 & 4: AGP FOR LAND ACQUISITION Counsel for the Respondent No.2: SRI M.RAMU, SC FOR NHAI Counsel for the Respondent No.3: SRI GADI PRAVEEN KUMAR, DEPUTY SOLICITOR GENERIAL OF INDIA Counsel for the Respondent No.5: AGP FOR ROADS & BUILDINGS The Court made the following: COMMON ORDER t I THE HON'BLE SRI JUSTICE J. SREENI\/AS RAO WRIT PETITION Nos.7836 7843 &,79OL of 2Ol7 COMMON ORDER: W.P.Nos.7836, 79Ol and 7843 of 2Ol7 are filed questioning the action of respondents in dispossessing the petitioners therein from their houses i.e., house bearing No.51-5- 581 ald 51-5-582 constructed over a_n area of 484 square yards in Sy.No.498; house constructed over a bit of land measuring Ac.O.12 gts., situated in Sy.No.SO1 lA; and earmarking the land admeasuring Ac.0.25 gts., in Sy.No.5O4/A showing the same as if it is in Sy.No.517 respectively situated at Vangapahad Village, Hasanparthy Mandal, Warangal Urban District along with open land for the purpose of laying the four lane Natronal Highway No.2O2 (New National Highway No.163), without initiating the land acquisition proceedings, as required under the provisions of the National Highways Act, 1956 (hereinafter referred to as ,the Act) and without payrng compensation.

2. Heard Sri Nandigam Krishna Rao, learned Senior Counsel appearing on behalf of the petitioners, Sri M.Ramu, learned counsel appearing on behalf of respondent No.2, Iearned Assistant Government Pleader for Land Acquisition appearing on ] ) I 1 2 --XIF-:j#-:ilE- \. beha-lf of respondent Nos. 1 ard 4 and the learned Assistant Government Pleader for Roads and Buildings appearing on behalf of respondent No.5 in all the writ petitions.

3. Learned Senior Counsel as well as the learned Assistant Government Pleader for Land Acquisition Submitted that the respondent authorities have initiated the proceedings exercising the powers conferred under the provisions of the Act and passed the award. Pursuant to the said award, respondent authorities have deposited the amount in favour of the petitioners as per their entitlement. By virtue of the same, the cause in the writ petitions does not survive.

4. Recording the above said submission, all the writ petitions are closed. However, the petitioners in these writ petitions are granted liberty to avail the remedies available under law, if any other cause exists. No order as to costs. Pending miscellaneous applications, if any, shall stand closed. To, //TRUE COPY// SD/-T. JAYASREE DEPUTY REGISTRAR SECTION OFFICER I

1. One CC to SRt NANDTGAM KRISHNA RAO, Advocate tOpUCI 2. One CC to SRt M RAMU, SC FOR NHAI [OPUC] 3. ONE CC tO SRI GADI PRAVF].=N KUMAR, DEPUTY SOLICITOR GENERIAL OF tNDtA, High Courr for the stiie;f i;l;s;;"ri Hyoerabad tOpUCl 4. Iqo CCs to cP FOR R-O^4D_S & BU|LD|NGS, High Court for the State of - - -'--'i rvv' I rr\ Telangana at Hyderabad toufl -!i-- i:-i.:-,..'' i- .=7 t Two CCs to GP FOR LAND ACQUISITION, High Court for the State of Telangana at Hyderabad [OUT] Two CD Copies o BSR LS W I \ 1 / HIGH COURT DATED: 0610312025 I I COMMON ORDER 7 /' .r t) $E STAI 1 2 0 APf, 20?5 t t) €spat-u' a 6 )Pl 7t t. i WP.Nos.7836, 7843 & 7901 of 2017 CLOSING ALL THE WRIT PETITIONS, WITHOUT COSTS 24h\a{ €

This is the original judgment text as indexed from the source corpus. Always verify against the official court record before relying on it in a filing — you can do so on eCourts or the Supreme Court of India website. ← Search more judgments