The 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 in the nature of Writ of Mandamus declaring the action of the Respondents interfering with the peaceful possession and enjoyment of Petitioners land without following Land Acquisition Procedure contemplated under National Highway Act, 1956 and Right to fair compensation and transparency in land Acquisition Act, 2013, which is in gross violation of Art.14, 19,21,31A,300-A and consequently direct the Respondent No.5 to representation dI.29.12.2023 subject land belonging to petitioner in the presence of petitioner and pay compensation in accordance with law within 6 weeks. lA NO: 1 OF 2024 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 Respondent No.5 to consider the representalion d1.29.12.2023 and not to dispossess the petitioner from his land pending disposal of the writ petition. Counsel for the Petitioner: SRI SANKALP PISSAY, REPRESENTED BY SRI GADDE ANILKUMAR Counsel for the Respondent Nos.1,6,8 and 9: AGP FOR LAND ACQUISITION Gounsel for the Respondent No.3: SRI P. SHASHIKIRAN, SC Counsel for the Respondent Nos.2,7 and 11: AGP FOR SCHOOL EDUCATION Counsel forthe Respondent Nos.4,5 and 10: SRI K.DHANANJAY NAIDU The Court made the following: ORDER o / HON'BLE SRI JUSTICE J. SREENTVAS RAO WRIT PETITION No.25L9 1 of 2024 ORDER: This Writ Petition is filed seeking the following relief:- to issue a Writ order or Direclion more particularly one in the nature of Writ of Mandamus the action of respondents in interfering with the peaceful possession and enjo5rment of petitioners land without following Land Acquisition Procedure contemplated under Nationa1 Highway Act, 1956 and Right to Fair Compensation artd Transparency in Land Acquisition Act, 2013, which is in gross violation of Articles 14, i9, 21, 3l-A and 3OO-A and consequently direct respondent No.s to representation dated 29.12.2023 subject land belonging to petitioner in the presence of petitioner and pay compensation in accordance with law within 6 weeks."

2. Heard Sri Sankalp Pissay, learned counsel for the petitioners, learned Assistant Government Pleader for Land Acquisition appearing for respondent Nos.1, 6, 8 and 9, Sri Dhananjay Naidu, learned Stalding Counsel for respondent Nos.4, 5 and 10, Sri P.Shashikiran, learned Standing Counsel for respondent No.3 and learned Assistant Government Pleader for School trducation for respondent Nos.2, 7 and 1 1.

3. Learned counsel for the petitioners submits that petitioner No. 1 is the owner arrd possessor of the land 2 in Sy.No.168/A to an extent of Ac'O'39 gts and 168lB to an extent of Ac.0.O9 gts, total extent of Ac'1'07 gts' situated at Kothaulanaduma Village' Elkathurthy Mandal, Hanmakonda District' He further submits that the respondent authorities initiated the proceedings exercising the powers conferred under National Highways Act, 1956 (herein after called as the Act' for brevity). Thereafter, the respondent authorities after following the due procedure passed award on24.03.2022. Petttioner No't has submitted a representation dated ll'lO'2023 to the Revenue Divisional Officer, Hanumakonda and the said representation was referred to respondent No'6- Competent Authority, Larrd Acquisition and Arbitrator District Collector, Hanlrmakonda District under Section 3G(5) of the Act and the sarne was received by the respondent authorities on 29'12'2023 and the same is pending till todaY"

4. Mr.Dhananjay Naidu, learned Standing Counsel, submits that respondent No.6 will consider the representation submitted by the petitioner No.1 dated

11.1O.2023 and pass appropriate orders in accordalce with law and requested this Court to grant reasonable time.

5. Taking into consideration the facts and circumstances of the case and the submissions made by the respective parties, without going into the merits of the case, this Court deems it appropriate to dispose of the Writ Petition, with a direction to respondent No.6 to consider the representation submitted by the petitioner dated 11.10.2023 and pass appropriate orders in accordance within a period of eight (8) weeks from the date of receipt of a copy of this order.

6. With the above direction, the Writ petition is disposed of. No costs. I I 4 Pending miscellaneous appiications, if any, shall stand closed. To, //TRUE COPY// SD/. A. SRINIVASA REDDY GISTRAR ASSI OFFICER 1 . The Principal Secretary Revenue Department Land Acquisition Secretariat^ ^ Buildings BRKR Bhavin Hyderabad The state ofTelangana, Telangana 500 063.

2. Directorate of school education, Hyderabad, Besides Telephone Bhavan, Near Saifabad Police station

3. The Dv. Secretary NHAI/ National High Way Authority of lndia Department of Nation'al Hiqhway Roads, Karimnagai to Warangal NHAI. The Union of lndia' New Delhi.

4. The Director The National Highway Authority of lndia, New Delhi. 5. The National Highway of lndia, Regional Officer Panchavathi.Society Colony, SBI Executive Enclave Green Valley Banjara Hills Hyderabad

6. The District Collector, Hanmakonda District Telangana 7. District Education Officer, Hanumakonda. 8. The Land Acquisition Officer/R.D.O, Hanamkonda District Telangana 9. Thasildhar Elkathurthy, Elkaturthy Mandal, Hanumakonda District. 10.The Project Director, NHAI Project Implementing Unit Warangal Advocates Colony Hanamkonda. 1 1. Mandal Education Officer, Elkaturthy Mandal, Hanumakonda District. 12.One CC to Sri Gadde Anilkumar, Advocate [OPUC] 1 3. Two CCs to GP for Land Acquisition, High Court for the State of Telangana, at Hyderabad [OUT]

14. One CC to Sri P. Shashikiran, SCIOPUCI 15.Two CC to The GP for School Education, High Court for the State of Telangana, at Hyderabad[OUT]

16.One CC to Sri K Dhananjay Naidu, Advocate [OPUC] 17.Two CD Copies TJ d&t I I I HIGH COURT DATED:0310212025 ORDER WP.No.25191 of 2024 li;:' ir-) I * 13 rr8 20fr o(' l ,:ATC 11 o DISPOSING OF THE WRIT PETITION WITHOUT COSTS @t.P'