✦ High Court of India · 15 Sep 2025

The High Court · 2025

Case Details High Court of India · 15 Sep 2025
Court
High Court of India
Decided
15 Sep 2025
Bench
Not available
Length
1,321 words

Acts & Sections

The State of Telagana, Rep.by its Principal Secretary, Revenue Department, Secretariat Buildings, Saifabad, Hyderabad The State of Telan-gana Rep by itd Spl Collector, LA SRSP SSP-JCRGLIP(LA- Land Acquisition, SRSp- Sriramsagbr Prolect, SSP Srisailam Project, and J. Chokka Rao Godavari Lift lrrigation Project) Tarnaka, Hyderabad . The Special Deputy Collectoi, Land Acquisitlon Unit-Vlll' FFC, Mt\/R and Dr. Chevella Sujala Sravanthi Project, LMD Colony, B.R. Ambedkar Karimnagar District, pin-505527 District Collector, Siddipet District at Siddipet. Revenue Divisional Officer, Husnabad, Siddipet Dist The Tahsildhar, Husnabad, Siddipet Dist Executive Engineer, Division-|, IFFCC, LMD Colony Karimnagar District. Pin- 505527 Jakka Swapna, W/o Mohan Reddy Aged . 35 years, Occ. House wife, R/o. Tekula Somaram Village, Valigonda Mandal, Nalgonda District . ...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 [\rlandamus aggrieved by the impugned proceedings of the 3rd respondent vide File No.G/259/ 2012 daled, NIL-12-2013 in so far as it includes the name of the 8th respondent as co-shareholder to claim the award with respect to acquired Housed property bearing H.No. 2-73lA admeasuring an extent of 368 Sq. Yards situated at Gudatipalli village, Akkannapet Mandal, siddipet District being illegal, irregular and much in contrary to the provisions of the Land Acquisition Act and whereby the said acts being in violation of the principles c1 natural justice and Consequently direct the respondents to amend/rectify the ;, ward to reflect the name of the petitioner alone as the rightful owner entitled to c:,mpensation lA NO: 1 OF 2025 Petition under Section '1 51 CPC praying that in the circ .tmstances stated in the affidavit filed in support of the petition, the High Cou-t may be pleased to direct the respondents to amend/ rectify the award to rell€)ct the name of the petitioner alone as the rightful owner entitled to compensa,ion, pending disposal of the above writ petition, in the interest of justice Counsel for the Petitioner: SRl. S. VIPLAV SIMHA REDDY Counsel for the Respondent Nos. 1to6: GP FOR REVENUE: Counsel for the Respondent No.7: GP FOR IRRIGATION DE:PARTMENT Counsel for the Respondent No.8:- The Court made the following: ORDER w... .-..: ,/ '/ THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR ORDER: W.P. No.27286 of 2o25 Aggrieved by the impunged proceedings of the respondent No.3, Special Deputy Collector, vide File No.G I 259 / 20 12 dated NIL- 1 2-2013 insofar as it includes the name of the respondent No.8 as co-shareholder to claim the award with respect to acquired housc property bearing H.No.2-73/A admeasuring an extent of 368 sq.yds., situated at Gudatipalli village, Akkannapet Mandal, Siddipet District, (hereinaiter referred to as 'the subject property') petitioner hled the prescnt writ petition with a consequential prayer to direct the respondents to amend/rectify the award to reflect the name of the petitioner aione as the rightfui ou,ner entitled to compensation.

2. Thc learned counsel for the petitioner would submit that the petitioner is the absolute owner and possessor of the subject properly, which is acquired by the Government for the purpose of Gouravelli Rcservoir Project. Subsequently, the respondent No.3 has passed impugned proceedings vidc File No.Gl259/2012 dated NIL-12-2013 insolar as it includes [he name of the respondent No.8, who is petitioner's husband's brother's daughter, as co-shareholder to claim the award with respect to the subject property. Thereafter, the respondent No.S, RDO, Husnabad, passed orders directing the respondent No.8 to appear before the respondent No.5 with documentation depicting her title in order to claim compensation however, she failed to produce any document. It is further submitted l I I I , I I I i I I I I i I 2 that on accoun t of the complaint/ciain-r of thc r-r,sponclent No.g, release of avrarr1 amount is )<ept pcnding. eucstioning the same, petitioner filed thc prescnt writ petition.

3. On the other hand, thc learned Assistanl O,r,rr;Ir-.rr, plcader for Rer.enuc has placed a copy of the written i,st.:c.tio'rs submitted by the RDO, itter alia, q,herein it is submittcd that rl .r ing the physical verification and survey, it u,as revealed that thc rcsltondcnt No.g and the pctitioner arc sharc holders / occupiers of thr: sLrbjcct property. Accorciingly, the names of b.th the pcrsons r,r,c:.. inclrrded in thc estimatc/valuation relating to the subject prcpcrt\.. Subsequcntly, the respondent No.8 filcd W.p. No.21B2g of 2O1g rhi r was disposed of by this Court on 03.07.201g with the follorving dircctjc,n. "In view of the said submission, ttris writ 1;::t;tiorr is disposed off dirccting thc 2",1 rcspon(ier.: to consider petitioncr's representation IaL:ted: 23.06.2018) at the time of passing of thr. :r,,.arcl and zriso make appropriate refercnce undcr iie ;.7(r in relation to the dispute as to apporrionrrct-t of compensation, to the authority notihecl rrrider Sec.Sl of the Right to Fair Compensation ancl Transparency in Land Acquisition, Rehabilrtatron and Resettlement Act-20 13.,,

4. In pursuance of the said direction and rvith rr 'i:w .o settle the matter, notices to both the parties i.e., respondt,,_r. No.g and the husband of the petitioner were issued by the rcspondent No.S directing them to appear for enquiry fixing the d; r r c 01- enquiry on \ \ 3

12.06.2018, 05.10.2018 and 22.10.2018 but the rights relating to the H.No.2-73/A could not be settled and therefore kept the matter pending.

5. At this juncture, on instructions, the learned counsel for the petitioner would submit that as on date no such notices have been received by the petitioner as such, the petitioner could not appear before the respondent No.5. In that view of the matter, since the notices said to have been

6. issued by the respondcnt No.5 pertains to the year of 2018, r.i,ithout expressing any opinion on the merits of the case, Lhe respondent No.5 is directed to issue fresh notice to both the parties i.e. petitioner and the respondent No.8 within one week, from the date of receipt of a copy of this order, and after giving fair opportunity of hearing to both the parties, pass appropriate orders, in accordance witl-r law, within a period of Three (03) weeks thereafter.

7. Accordingly, this writ petition is disposed of. There shall be no order as to costs. As a sequel, misccllaneous applications, if any pending, shall stand closed. SD/. U. SUDHA STANT REGISTRAR S Iil //TRUE COPY// ECTION OFFICER To, Saifabad, T.S.,Hyderabad

1. ff'-u- . ?r,1"_tpqL Secretary, Revenue Depa(ment, Secretariat Buildings, 2. Th.e Special Collector, !4 IBSP SSP JCRGL|p(LA-Land Acquisition, SRSp- Sriramsagar Project, SSP Srisailam Project, and'J. Chokka Rio God6vari Lift lrrigation Prolect) Tarnaka, Hvderabad br!-tllll!!-"ffi

3. The Special Deputy Collector, Land Acquisition Unit-Vlll, FFC, MMR and Dr. B.R. Ambedkar Pranahita Chevella Sujala Sravanthi f: roject, LN/D Colony, Karimnagar District, pin-505527

4. The District Collector, Siddipet District at Siddipet 5. The Revenue Divisional Officer, Husnabad, Siddipet Dist 6. The Tahsildhar, Husnabad, Siddipet Dist 7. The Executive Engineer, Division-1, IFFCC, LMD Colcn; Karimnagar District. 8. One CC to SRL S. VIPLAV SIMHA REDDY, Advocate [()PUC] 9. Two CCs to GP FOR REVENUE ,High Court for the Sltate of Telangana at 10.Two CCs to GP FOR IRRIGATION DEPARTMENT, l'lir h Court for the State Hyderabad [OUT] Pin-505527 of Telangana, at Hyderabad [OUT] 1 'l . Two CD Copies BM PVL HIGH COURT DATED:1 510912025 , ;, -'' ,r;-.\ --'--- '9,\. \, ORDER WP.No.27286 of 2025 21 :tP Ar \: I I DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1 1, q "l

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