High Court · 2025

THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITI oN NO: 18572OF 2013 Betvveen: S.V.Naravana Rao, S/o. Laxminarayana, Hindu Aged 72 years, Occ NIL alo f trt ' No.21 1 , Dundoo Classic Apartments Padmarao Nagar Secunderabad, Hyderabad. Ch.Jaoanmohan Rao, S/o. Laxmi Narayana Rao, Aged 61 years Hrndu' Occ n"ta.Seirice R/o. H No.16-144, R6ad No.2 Prashanthinagar' Uppal' Hyderabad. 2

3. Ravikanti Harinadham, S/o. Retd.Employee, R/ o.12-839 Mancherial. Adilabad District. Papaiah, aged 70 Years, Hindu' Occ t1-1 , Madhavini Layout, Reddy Colony, 4B.V.S.ManoharRao,S/o.B.VenkatRaoAged40years'Hindu,OccBusiness Rlo.flrt No.404, Solitaire Apartments PandT Colony, Gandhinagar' Hyderabad. .....PETITIONERS AND

1. The Competent Authority (LA), Special Grade Deputy Collector and RDO R.R.East Division, R.R.District.

2. The District Collector, R. R. District, Hyderabad 3. The Tahsildar,, Ghatkesar Mandal, R.R.District. 4. The Union of lndia Rep.by its Secretary, Ministry of Roads and Buildings Secretariat. New Delhi. 5 Smt.K. Saroja, Wo. Sri K.Ch.Venkata Reddy Aged not known Occ - iouiewite, hlb n ruo t-e-soot2tB1 Prakabhnagar, Begumpet Hyderabad' 6. Smt. V. Jayaprada, Wo.Sri V.Sudhakar, Aged not known Occ Housewife R/o - Plot No.23, Sreeramnagar colony Balakampet, Hyderabad'

7. Sri V.Sudhakar. S/o. V.B.Bhaskar Reddy, Aged not known, Occ not known R/o Plot No.23, Sreeramnagar colony Balakampet' Hyderabad B Sri K.Ch.Venkat Reddy, S/o. K. Veera Reddy, Aged not known. Occ not - ino*n R/o. H.No.1-8-5'06/2/8 1 Prakashnagar, Begumpet Hyderabad' .RESPONDENTS Petition Under Article 226 of the Constitution of India praying that an the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of Mandamus or any other appropriate writ, order or direction declaring the action of the respondents 1 t9 4 in acquiring the land in survey No.260 of Aushapur Village, Ghatkesar Mandal, R.R.District, without following the procedure as prescribed under the National Highways Act, 1956 and passing an award vide order No. No.D/3269/08 dt.15-07-2010 and in taking steps to pay the compensation in respect of the land out of an extent of 2704,570,600 and 22BO Sq.Yards in survey No.260 of Aushapur Village in favour of the respondents 5 to B and without considering our claim over the said property as illegal, arbitrary, violative of principles of natural justice and u nconstitution al and consequently to set aside the award of compensation in respect of survey No.260 in favour of the respondents 5 to 8 as per the said order dt 15-07-201Q and direct the respondents either to pay the compensation to us in respect of the said land or refer the dispute lor adjudication either tg the arbitrator or to the aQmpetent civil court to decide our claim. LA.No:1 oF 2013(WPruf- Nqi229!9 !82Q!!) 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 1 to 4 not to disburse the compensation amount in respect of the land out of an extent of 2704, 570, 600 and 2280 Sq Yards in survey No.260 of Aushapur Village, Ghatkesar Mandal, R.R.District as per award in Order No.D/ 3269/08 dt 'l 5-07-2010 pending disposal of the above writ petition Counsel for the Petitioners : SRI K.CHIDAMBARAM Counsel for the Respondent Nos.1 to 3 : GP FOR LAND ACQUISITION Counsel for the Respondent No.4 : SRI GADI PRAVEEN KUMAR, DEPUTY SOLICITOR GENERAL OF INDIA Counsel for the Respondent Nos.S to 8 : - The Court made the following ORDER * I I HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR WRIT I'ETITIO N No.18572 of 2013 ORDER Heard learned counsel for the petitioners- and learned Assistant Government Pleader for Land Acquisition appearing for respondent Nos.1 to 3. With their consent the writ petition is taken up for disposal.

2. This writ petition is filed seeking the following prayer:_ .260 -and "lo declarc the action of the respondents 7 to 4 in acquiing the lanti in sun ey No.260 of Atrshopur Village, Ghntkesnr MandnL, R.R Dirtrirt, roitltout .folknorng tlrc procedure ns prescribed under the NationnL |:S!:r:yt Act,,1956 and passittg nn atonrd pidt ortler No.D/3269/08 dt. in tnking steps to pay the compensation in respect of the 15.0.7.2010 lnnd^out of nn extent of 2704, 570, 600 and 2280 Sq.yards'in stiruey o.f Auslnpur Village in fmour of the respondents 5 to g nrui No roi.tlnrLt considering our clnim ouer the said property as illegal, arbitrtry, uiolntitte of principles of naturol justice and unionstihttionnl tnd conscEently to sel nside tlr atuard oj compensation in respect of suntey No.260 in faoour of tht respond-ents S to g as per the saicl order dt 15.07.2010 and direct tle respondrnts either to pay the compensntion .us it respect of the snid Land or refer the d.ispite for adjudicntiort eitlrcr to tlrt arbitrator or to tle competent cit ii court to decide o,r claitn."

3. Brief facts in this writ petition are that the petitioner No.1 claims to be the owner and possessor of land to an extent of 570 Sq.yards, in Plot.No.71 and 82, in Sy.No.260, petitioner No.2 claims to be owner of land to an extent of 600 sq.yartls in plot Nos.121 and 126 in sy.No.260, petitioner No.3 claims to be owner of land to an extent of 2704 Sq.yard,s in plot No.61 to 64 and 75 to 78, in Sy.No.260 and petitioner No.4 claims to be owner of land to an extent of 2280 Sq.yards in plot Nos.59, 60, 65, 66,73,74,79 and ( 2 80, in Sy.No.260 of Aushapur Village, Gatkesar Mandal, R.R.District, having acquired the same lirle registered sale deeds dated 24.03.19g3,

27.08.7983,05.04.1983 and 18.12.2006, respectively. While things stood rhus, on 27 .7"1.2009, a notification was issued, proposing to acquire the land for purpose of laying of road in various survey numbers of Aushapur village, wherein sy.No.260 of Aushapur village was also included. Thereafter an award dated 15.07.2010 was passed and in respect of land to an extent of Ac.1.15 gts, in Sv.No.260, compensation was awarded in favour of respondent Nos.S to 8 and petitioners names were not inciuded. Further case is that respondent Nos.5 to 8 have claimed the same on the basis of illegal sales madc in the year 2006. Thus, the petitioners on 15.04.2013 made a detailed representation and requested respondcnt No.1 not to pay or disburse the compensation in favour of any party in respect of the land acquired in Sy.No.260 of Aushapur village and further requested the authorities to peruse the documentary evidence in respect of right and title over the subject property and consider petitioners claim for payment of compensation or to refer the dispute to the competent court of law or to the Arbitrator for adjudication. However, the same is still pending for consideration. Aggrieved by the same, this writ petition is filed. 4' Learned counsel for the petitioner submits that this court oide ordet dated 01.07.2013, passecl the following interim order:- 3 "Tlrcre shall be an interim direction to the respondents'l to 4 not to disburse the compensation amount to either of tht parties."

5. Learned counsel for the petitioner submits that the petitioners are the owners and possessors of thc land acquired in Sy.No.260 of Aushapur ViltAge and the petitioners are ready to submit all the documentary evidcnce to proof their right and title over the subiect property and inspite of thcir reprcsentatioF. dated 15.04.2013, the respondent authority neither considcred the case of the petitioncrs nor referred the dispute to the competent court of law or to thc Arbitrator for adjudication and pray this Court to direct the responcient No.1 to consider the petitioners rcpresentation datecl 15.04.2013 and pass orders in a time bound period

6. Learnecl Assistant Government Pleader appearing for respondents submits that if the pctitioners representation dated 15.04.2013 is still pending for consideration; thc respondent authorities may be directed to dispose of the said representation and pass appropriate orders in accordance with law

7. In view of the submission made by learned counsel on either side and without expressing any opinion on the merits of the case, this writ petition is disposed of clirecting the respondent authorities to dispose the petitioners' represcntation datcd 15.04.2013 and pass appropriate orders strictly in accordance with law, as expeditiously as possible, preferably I t 4 within a period of three (03) weeks from the date of receipt of copy of this order and conrmunicate the same to the petitioners. \

8. Accordinglv this writ petition is disposed of. Miscellaneous appiications, if any pending, shall stand closed. No order as to costs. //TRUE COPY// ( I To 1 The Competent Authority (LA), Special OraOe O"plly R.R.East Division, R.R.District.

2. The District Collector, R. R. District, Hyderabad. 3. The Tahsildar, Ghatkesar N/andal, R.R-District 4. The Secretary, Union of lndia, Ministry gf Roads and Buil SD/. K. AMMAJI EPUTY REGISTRAR SECTION OFFICER Co llector and RDO dings Secretariat, New Delhi.

5. Two CCs to GP FOR LAND ACQUISITIQN ,High Court for the State of Telangana at Hyderabad. [OUT]

6. One CC to SRI K.CHIDAMBARAM, Advocate [OPUC] T One CC to SRI GADI PRAVEEN KUMAR, DEPUTY SOLICITOR GENERAL OF lNDIA, Advocate [OPUC]

8. Two CD Copigs SA SS 8or\C( r. F t: HIGH COURT DATED:2010312025 ORDER WP.No.18572 ot 2013 Y .t :) o ) (- tt, { tst{ T,n.S Fr 2 1 Ali Y 2[25 i c ,I El) p CT 6-O * DISPOSING OF THE W,P WITHOUT COSTS. ,-\sl,{ A r t I , E |, e i. * t F,