High Court · 2025

*T"***".:t1$.;:.ffiraEf*iirilix#.f q-'nniia"?""*;#r::* "n?e',{U:mt,l,*,1iJ"fl,';1'?'&'XnT''i}"]1"; ,Rili,,*3oi[1,ffi District' l,,?x.?ifr il b'!:T"x"ll#fi 'fl ''"#B'"ff -'*T?lK:l3Y:tf ':',*{#"i"#:'i"*#""?J#"i3;3j"ft fl lh"*lli' "H.:$jqir,'s',r*iffi Khammam Distnct. \ .....pETlloNERS AND 2 Khammam. 1 The State of Telangana '. Represented by its-Principal Secretary' Revenue Department (Land Acqursrutl"i 5i'ii"tili't' Hyderabad' The District Collector - cum - Land Acquisition Officer' Khammam District' 3. The Revenue Divisional Officer- cum - Land' Acquisition Officer' Khammam' 4. The Executive Enginebr' lrrigation Department' Khammam' Khammam 5. The Tahsildar, Khammam Urban Mandal' Khammam District' 6. The Khammam trilunicipal Corporation' Khammam District' Rep by its Khammam District' District. MuniciPal Commisstoner' .....RESPONDENTS petition Under , 226 of the constitr '""0 *""'on the affidavit , order or Direction ,orlr"*,,n the arbitrary ";;; petitioners from their ,u, q tent of 37 '147oo to.,"Jot of lndia praying that in the the High court may be oun't''arlv one in the nature of ot rn" respondent authorities in situated in sy No 255' 256' Khammam o'tt,ti";1':"::::]::':n:f:: n u'l' na :"J.,:il:: T: j:T .: to rne petitioners is illegat, void and circumstances stated pleased to issue a wri writ of Mandamus, der trying ro disposses ,n;'"'nn 257 and_2'Btotar to an Khammam u.brn Mr, Protection wali on,n",'o'l' ;":".[ :,";;];:i:Tiili'ffi ; H" :il:ho w rho ur pa y n s a n d, "J"*H1'n;:;;::t*",::-: opposed to Arricres 14. 1e ,; :;'::l ;"x" ::' :**i:, r,i::il,# .lr;;:Hi;,rj:#;:; land' without acquiring their nd Acquisition Act 2013 and without payment for respective rands Linder , r"n- compensation ^^^],^l:-trtro:lers u'[ a cq u r n s p "'li'lio LA.NO :1 OF 2025 petition Under Section 15.,l CpC pray the affidavit filed in support of the petition direct the respondent autt totarto an extent of .r,.;T:il:tJrl': 258 of Burhanpuram Village, Khammam pending disposal of the above writ petition ing that in the circumstances stated in , the High Court may be pteased to osses the petitiorle,rs from their lands situated in Sy.No.255, 256,257 and Urban l\,,landal, Khammam District, Counsel for the petitioners : SRI MUMMANENT SR|NIVASA RAO Counsel for the Respondent Nos.1 to 3 & 5 : Gp FOR REVENUE Counsel for the Respondent No.4 : Gp FOR lRRtcATloN Counsel for the Respondent No.6 : SRI P.SRIDHAR RAo The Court made the following ORDER ^( THE TIONOURABLE SRI JUSTICE N'V'SHRAVAN ITIONNo.2 567Oof 2025 KUMAR oRDER: Aggrieved by the action of respondent authorities in trytng to dispossess the petitioners from their lan<ls situated in Survey square yards of Nos.255, 256' 257 &' 258'to an extent of 37 '\47 Burhanpuram Village' Khammam Urban Mandat' Khammam District for construction of Munneru Protection Wa1l on the bank of river Munneru' without acquiring petitioners' land' without issuing land acquisition notihcation under Rigtrt for Compensation and Transparency in Land Acquisition' Rehabilitation and Settlement Act' 2013 and without paying land acquisition compensation to the petitioners' tbe present writ U*"- *: petition is filed' A consequential prayer is'madq respondent authorities not to interfere rvith the peaceful possession ar'rd cnjoyment of the petitioners' land' without accluiring their respective lar-rcis rrnder Land Acquisition Act' 2013 and withol-rt payment o[ compensation' 2. The facts of the case as stated in brief are that petitioners 1 and 2 have purchased the tand on 03'04'2009 to an extent of 77,253 square yards in Srrrvey Nos'255' 256' 257 & 258' Likcwise,pctitioncrsland-2alsopurchasedanotherpieceof l" F 2 e "r r,.;*:i:;":";:T: lard on 10'04'2009 to an extent of 16,214sguare yards in the sarae survey numbers and petitioners 3 la,,d on 05.01.2011 to an extent salne survey numbers from petitioner No.2. From the date of purchase of lands, all the petitioners e in possession and enjoyment of the re spective lands without . rnterference from any third parties or authorities. Due to the flo. peopie were initialry effected. a""o.ai.,gry]::"#_X" constructed check dam on the said river and even after construction of the check dam, the area is affected by the floods. in that connection, the Government of Telalgala proposed to construct Munneru protection watt to safeguard the interest of the Khammam people from heavy floods. It is further submitted that last year also, the Khammam District was qffected due to Munneru floods. At that stage, the Government dismantled the old check dam and wanted to start construction of the said protection wall and got surveyed showing the effected areas. Accordingly, a survey report was prepared and in that survey report, petitioners' lands are totally affected and going to be after constructing the said' Mlrnneru protection wal1' ::::li".- T: rhe G*.**: SUbmefged Larer, :::"::'::: Land Ncqrr r'-' *'* '::.:::::'::"---". I J further sr.rbmitted that some affected parties approached this Court to protect rights over their lands by hling W'P'No' 13447 of 2025, which was disposed of protecting the interest of the petitioners therein by an order dated 29 'O4 '2025 and submit that the petitioners in W'P'No' 13447 of 2025 are also similarly situated persons and prayed this Court to pass similar orders' 3. karned Assistant Government Pleader for Land Acquisition placed copy of instructions issued by respondent No.5 _ Tahsildar, Khammam (U), stating that the Government has decided to construct a retaining protection wall in Full Tank Level (for short "FTL") and buffer zone of the Munneru River to decrease the project affected structures of Khammam Urban Mandal and that so many houses were constructed on the bank of river Munneru. It is further submitted that as per the survey conducted by the Irrigation and Revenue authorities' the subject iand in Survey Nos'255, 256' 257 & 258 situated at Burhanpuram Village of Khammam UrLran Mandal' Khammam petitioners are covered in the District, Pertaining to the writ It is further submitted that to buffer zone of Munneru River' safeguard the citizens against the next rainv season floods' the Government decided to speed. up retarning wall construction work on both sides banks of Munneru River' It is further submitted that most of the area covered under retaining wall l I I I Y*l \! - { 4 comes under buffer zone of the river. Since some private patta lands comes under the buffer zone, the Government has decided to allot suitable Government land on par with lands effected by the land losers at Yedulapuram Municipal limits of polepally Viliage of Kh arnmarrr (Rural) Malda,l. In the saicl circumstances, most of the I and owners have come forward and submitted their consent and willingness and co-operated for alternate land. It is further submitted that the subject land pertaining to the writ petitioners are also one of the part of the lands submerged in Mttnneru River bank as per preliminary survey conducted in the matter. The writ petitioners were informed several times to attend the meeting conducted with land affected persons to explain the details of a_lternative Iand and urgency of construction of retaining wall It is further subrqitted that most of the land owners have given willingness ald w-rit petitioners herein are not responding to show their lands either in the field or in the meetings a,d the matter has been intimated to the writ petitioners several times regarding the alternative land. 4. Heard learn.d "orr".i=for the petitioners and learned Assistant Government pleader for Re'enue appearing on behalf of respondent Nos. 1 to 3 and 5 and learned Assistant Government pleader for Irrigation appearing on behalf of respondent No.4. P t"t:::::t"-" - 6

5. Learned counsel for the petitioners' "" submits that the petitioners are ready to accept the alternatrve lands proposed' to be given by the respondent authorities' In that view of the matter, the Petitioners may make a representation to that effect within a period of two (02) weeks If such from the date of receipt of a copy of this order' representation is made' the respondent No'5 - Tah directed to consider and immediately take steps in sildar is granting four (04) alternativelandstothepetitionerswithinaperiodof thereafter strictly in accordance with law' Till such respondent authorities are directed not to disturb the p time, the O SSCSSiON of the Petitioners' 7 Withtheaboveobservations'thiswritpetitionisdisposed of. No order as to costs' Asa sequel thereto, miscellaneous applications' if any pending, in this petition, shall stand closed //TRUE COPY// \ sD/-P. PONNA KRISHNA / ASSISTANT REGISTRAR / 6- SECTION OFFICER To W SA District. Khammam. Khammam District. State of Telangana at Hyderabad.

1. The Principal Secretary, Revenue Department (Land Acquisition)' Secretariat' Z. ine Oistrict Cdllector - cum - Land Acquisition Officer,, Khammam District' 3. ih; C;6ue Divionsai Officer- cum - Land, Acquisltion officer' Khammam' 4 iil Executive Engineer, lrrigatlon Department, Khammam' Khammam S. ifre fafrsitdar, Khammam Urban Mandal, Khammam District' O. ii.'" lrrr"ii,pil' Commissioner, Khammam Municipal Corporation" Khammam z iwo c-cs to Gp FOR tRRtGATtoN, High cou( for the state of Telangana at f . iwa CCs to e one CC ro SRI MUA/I^4ANENI SR/NIVASA RAO. Advocate tOpUCl 1o.One CC to SRI P.SR,DHAR RAO, Advocate (OpUCl 1 1 .Two CD Copies 'GP FbR REVENUE, High Court for the State of Telangana at Hyderabad. [OUTI Hyderabad. [OUT] District. HIGH COURT DATED:10 togt2l2l C.C.TOD,{Y d. ''-) i:) l/r I l- /j 1 !['? ?trfi 'r .'!- lt:.{1}::,r.., ,.t i: , :.. .'..;r;' - \_:b.__ lL t' -":. , t ORDER WP.No.2S670 of 2O2S DISPOSING OF THE W.P WITHOUT COSTS. l,l vtL{lu'