Nd"apur Mandal' Medak District v. 1. The State of Telangana

petition Under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be preased to issue a writ, order or Direction, more particurarry one in the nature writ of Mandamus or any other appropriate order declaring the action of the respondents more pariicurariy the 4th and 5th respbndent widening the i-oad through agricultural lands of petitioners in Sy. No,135/1 3 Ac. _l _00 Gts, Sy. No. 135/2 Ac.0-33 Gts, Sy.No..t35/93 Ac.0_1S Gts, Sy.No.135 l2O Ac.2_OOGts, Sy.No. 135/4312 Ac.1-17 Gts, Sy.No..r35/56 Ac.0-35 Gts, Sy. No. j35/jBl1 Ac..r-20 Grs, Sy' No.,,35/7413 Ac'1 -03 Gts, Sy. No. '135/26 Ac.0-20 Gts, sy. No. 135/54/.r Ac.0- 25 Gts' sy'No 135/88 Ac.2-00 Gts, Sy. No..135/ Ac.1-00 Gts, Sy.No.135/15 Ac.,_ 27 Gts, situated at peddachinta kunta virage, Narsapur Mandar, Medak District as illegar, arbitrary, without notice and in vioration of principres of naturar justice, contrary to provisions of Land Acquisition Act and arso Articre 21 and 300_4 of the constitution of lndia and consequently to direct the respondents not to widen the road through the petitioners rands without acquiring the same as per the provisions of Land Acquisition Act and arso Articre 21 and 300-4 of the Constitution of India. l.A.NO:1 oF 2019 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondents not widen the road through the petitioner,s agricurturar lands bearing Sy.Nos..l35/13 Ac. 1-00 Gts, Sy. No. 135/2 Ac.0_33 Gts sy'No'135/93 Ac..-r5 Gts, sy.No.r35r2o Ac.2-oo Gts, sy.No. 135r43r2 Ac.1-17 Gts, Sy.No.135/56 Ac.0-35 Gts, Sy. No. .135/18/i Ac.1_2O Gts, Sy. No.135/7413 Ac.'1-03 Gts, Sy. No. 135/26 Ac.0_20 Gts, Sy. No 135154/1 Ac.0_25 Gts, Sy.No.'135/88 Ac.2-00 Gts, Sy. No.135/ Ac..t_00 Gts, Sy.No.135/15 Ac.0_27 Gts, situated at pedda chintakunta viflage, Narsapur r\,4andar, Ir/edak, District without due process of raw as otherwise the petitioners stands to suffer serious hardship and irreparable loss and injury. I j i i I.A.NO:1 OF 2020 Between

1. The State of Telangana, Represented by its principal Secretary panchayat Raj and Rural Development Secretariat Buildings, Hyderabad. 2. The District Collector, ( Panchayat Raj ) Ir/edak District, Medak. 3. The Executive Engineer, (Panchayat Raj Wing) Ir/edak District, Medak. 4. The Assistant Executive Engineer,, panchayai Raj, Narsapur, I\iledak District. - AND .....PETITIONERS/RESPONDENTS

1. Lgmbadi Papya, S/o Late Sakru, Aged 60 years, Occ- Agriculture All are Iriledak Rl/o. Papya thanda, Peddachintakunta villdge Narsapur District. -Mandal, I : I I I

2. Smt Lambadi Naaji, W/o Late Tulsha, Aged 65 years, Occ- Agriculture 3. Vittala Satyanarayana, S/o Late Mallaiah, Aged 47 years, Occ- Agriculture 4. Gurrala Anjaiah, S/o Late Veeraiah, Aged 62 years, Occ- Agriculture 5. Gunde Dasharatha, S/o Late Narsaiah, Aged 45 years, Occ- Agriculture 6. Smt Pakala Hemalatha, Wo Prabhu Goud, Aged 4g years, Occ- Agriculture

7. Itiluddam Venkataiah, S/o Late Kistaiah, Aged 60 years, Occ- Agriculture 8. ftrluddam Mallesham, S/o Late Durgarah, Aged 53 years, Occ- Agriculture 9. Smt Gunde Yadamma, W/o Yadaiah, Aged 45 years, Occ- Agriculture '10. Gurrala Gouraiah, S/o Late Narsaiah, Aged 45 years, Occ- Agr:iculture 11.Smt Mangali Narsamma, W/o Rukkalu, Aged 50 years, Occ- Agriculture 12. Kommu Srisailam, S/o Mallesha, Aged 36 years, Occ- Agriculture 13. R.Sakri, W/o. R. Surya, Aged 50 years Occ- Agriculture 14. Ramavath Munya, S/o Badya, Aged 65 years, Occ- Agriculture All are Rlio. Papya thanda, Peddachintakunta village Narsapur Mandal, I\/edak Diskict. .....RESPONDENTS/PETITIONERS 1 5. The Tahasildhar, Narsapur fVandal lVledak District. 1 6. The Station House Officer, Narsapur Police Station Narsapur, Irrledak District. (Respondent No.15 & 16 are not necessary parties in this petition) .....RESPONDENTS/RESPONDENTS :-&6.' *7 Petition Under Section '1 51 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 orders daled 29111/2019 passed in lA.No.'l of 2019 in W.P.No. 26565 of 2019 and dismiss the above writ petition. Counsel for the Petitioners : SRI N.MANOHAR Counsel for the Respondent Nos.1 to 4: GP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT Counsel for the Respondent No.5 : GP FOR REVENUE Counsel for the Respondent No.6 : GP FOR HOME The Court made the following ORDER THE HON'BLE SMT. JUSTICE T. MADHA\,T DE\,'I WRIT PETITION No.26565 of 2019 ORDBR: This Writ Petition is fited challenging rhe action of the respondents in widening the road through the agricultural lands of the petitioners to the extent of Ac.1-00 Gts. in Sy.No. 135i13, Ac.0-33 l, Gts. in Sy.No.l35i2, Ac.o-15 Gts. in Sy.No.l35l93, Ac.2-00 Gts ln sy.No.l35120, Ac.l-l'7 Gts. in Sy.No.135/43i2, Ac.0-35 Gts. in Sy.No.135/56, Ac. l-20 Gts. in Sy.No. 135/18/1, Ac. l-03 Grs. in Sy.No.135/7413, Ac.0-20 Gts. in Sy.No.135i26, Ac.0-25 Gts. in Sy.No.l3515411, Ac.2-00 Gts. in Sy.No.135/88, Ac.1-00 Gts. in Sy.No.135/, Ac.0-27 Gts. in Sy.No.135i 15, situated at peddachinta Kunta Village, Narsapur Mandal, Medak District, without lbllowing due process of law as illegal and arbitrary

2. Respondent No.4 has filed a counter affidavit stating that the proposal for road widening has been dropped and it is only strengthening of the existing road. The correspondence between the \ Assistant Executive Engineer (PR) and the Tahsildar has referred to the effect that the widening ofthe BT road has been dropped and the , t present existing road is being developed. & 2 TMDJ wp_25565_2019 i

3. Leamed counsel for the petitioners filed the reply affidavit along with a sketch map therewith to demonstrate that the existing road is 12 feet wide and that there are agricultural [ands of the petitioners on both sides of the road and if there are any proposals to r,viden the existing road, the agricultural tands ol the petitioners would be affected.

4. Having regard to the rival contentions and the material on record, this Courl hnds that the respondents have dropped the idea of ',,",idening of road and are only laying the BT road on the eristing road and that there can be no grievance to the petitioners. Hor'vever, if the respondents are intending to widen the road in future, they shall follow due process of law before do so 5 With the above directions, this Writ Petition is disposed of There shall be no order as to costs. 6 Miscellaneous applications, if any, pencling in this Writ P.!rl,ln, .t ull rlq!9 r19!gg._ i/TRUE COPY// SD/. M. OSMAN ALI BAIG ASSISTANT REGISTRAR t- secrr$Krrcen Buildings, State of Telangana at Hyderabad.

1. The Principal Secretary, Panchayat Raj and Rural Development Secretariat 2. The District Collector, (Panchayat Raj) Medak District, I\/edak. 3. The Executive Engineer, (Panchayat Raj Wing) Medak District, Medak. 4. The Assistant Executive Engineer, panchayaiRaj, Narsapur, I\r,ledak District_ 5. The Tahasildhar, Narsapur fl,/andal Medak 6. The Station House officer. Narsapur police station Narsaour. IVedak District -Districi. To \\I

7. Two ccs to GP FOR PANCHAYAT RAJ AND RU^RAL DEVELOPIUENT', High ' C;r't f;th" State of Telangana at Hyderaba! touTl 8. il;'da;ucp ron neve"t rue, Hig'h court foithe state of Telansana at e. ii;"bC;6 6C rbn HotulE, High court for the state of relansana at ro oire-cd to snt u.ruRNoHAR, Advocate [oPUCl 11.Two CD CoPies Hvderabad- [OUT] Hvderabad. [OUT] S GJ u / ? ) I -/=7 ..j'- i\\ r€ I ts sEP2o25 /! t I .: 7 i' HIGH COURT DATED:1910612025 ORDER WP.No.26565 of 2019 DISPOSING OF THE W.P WITHOUT COSTS. c ,,(