High Court · 2025

THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITIO N NO:27212 OF 2025 Between: 1 2 SingapoguVenkataratnam, S/o. Jagapathi,.Aged. 3b9ut 83 Y!fr!, .Occ ngriJtrE, Rl".Lingipatem Village, SaihupalliM-andal, Khammam District' Veldijagan Mohan Rao, S/o-Late Venkataramaiah, Aged-.about: 71^Years Occ: h!riculture, R/o. Lingapalem Village VemsoreMadal, Khammam lJlstrct. ...PETITIONERS AND 1 The State of Telangana, Re (Land Acquisition) Secretari Telangana-500063. o. bv its Principal Secretary, Revenue Department bt euitaings, BRKR Bhavan, Hyderabad,

2. The Singareni ColleriesCo.Ltd , Rep by its Managing Director, Corporate Office, Red Hills, HYderabad.

3. The District Collector, Khammam District, Telangana. 4. The Revenue Divisional Officer (LA)(RDO)' Khammam District, Telangana 5. Mandal Revenue officer, sathupallyMandal, Khammam District District, Telangana.

6. The District Court, Rep. by its Presiding Officer' Khammam, Khammam District. ...RESPONDENTS Petition under Article 226 o1 the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleasedtoissueawrit,orderordirectionmoreparticularlyoneinthenatureofa writ of Mandamus declaring the action of the respondent no.6 in not deciding the claim statements filed by the petitioners in LAOP n o'4 of 2019 on the file of respondent no.6 and not depositing the compensation amount of Rs' 10'95'0001 per acre on par \ /ith other rand rosers, though submired possession certificate issued by the l ahsirdar, sathupariMandar and other rerevant documents estabrishing crear titre and with no rivar craimantsas iregar, arbitrary and in violation to Art 14 21 and 3004 of constitution and consequenry to direct the Respondent no {i t() d isbu rse/deposit the compeisation amount of Rs..10,g5,000/_ per acre on par with other land rosers dury deciding the craim statement fired in LAOP'no 4 0f on the fire of respondent no.6 by the petitioners as expeditiously as possible, with interesl @18 % per annum. "20-tg IA NO: 1 oF 2025 Petition under Section 15'l cPC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to consider the representation d..25.10.2024 submitted to the Dist. corector Khammam Dist, pending disposal of the above Writ petition. Counsel for the petitioner : SRI ABDUL AZAM KHAN Counsel for the Respondents No.1,3,4&S : ASST. Gp FOR REVENUE COUNSEI fOr thE RESPONdENTS NO.2 : SRI P.SRI HARSHA REDDY, SC FOR SCCL The Court made the following: ORDER I t * I I I t |i ? + I * + + : * + ,* # THE HON,BLE SRT JUSTICE N.V. SHRAVAN KUMAR Writ PetitioaNo.272 L2 of2O25 ORDER: This writ petition is filed seeking'the following prayer: '...declaing the action of the respondent No.6 in not d.eciding tLe claim statements filed bg the petitioners in LAOP No'4 of 2079 on the file of respondent No.6 and not depositing the compensation amount of Rs 10,95,000/ per acre on par utith other land losers though submitted possession certificate issued bg tle Talsildar' Sathupalli Mandal and other releuant documents estabtishing clear title and with no iuql claiman"rts as illegal, arbitrary and in uiolation to Art 14, 27 and 3OOA of Constitution and. consequentlg to direct the Respondent No'6 to disburse/ deposit tLrc compen'sation amount of Rs.1O,95,O0O/- per acre on par uith otlrcr land losers dulg deciding tle claim statement filed in LAOP.No.4 of 2019 on tle fite of respondent No.6 by the petitioners as expeditiouslg as possible tuith interest 18 percentage Per annum...

2. Heatd, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos'1' 3' 4 and 5 and ') iearned standing counsel appearing on behalf of responclent No.2. With their consent, this writ petition is taken up tor disposal. Notice to respondent No.6 is hereby dispens,_-d with.

3. Ttre facts of the case in brief as stated are that learned rror-roSel for the petitioners would submit that the petitioners are the owners of larrd to an extent of Acs.S.OO gts., in Sy.No. 121, respectively, situated at Kommepalli village, S,athupalli Mandal, Khammam District (hereinafter referred to rrs 'the subiect propertyJ and are claimants in LAOp.No..l of 2019. It is their case that as per the requisition of SCCL to acquire the Iand to an extent of Acs.68O.O'Z gts., for the purpose of JVR OC_II mining in the village limits of Kommepalli, Sathupally Maldal in the year 2OO9, a Notification was issued under the provisions of the Land Acqtrisition Act., 1894. Subsequently, the Special Deputy Collector had passed the General Award under Section 11 calcr_rlating Rs.3,48,93S/_ towards compensatirtn per acre. As the said amount was not accepted by the ryoths, the Lar,d Acquisition Officer referred the m,.atter to the District Court, Khammam and -.-.1 3 the same was numbered as LAOP.No'619 of 2Ol4 fot Komepally viliage and deposited certain amounts into the said Court. After severa1 consensus, compensation of Rs.1O,9S,OOO l- per acre was agreed and awards were passed by the Lok Adalat. Despite the said awards' compensation was not disbursed by the Principal District and Sessions Judge on the ground that the awards did not contain the signatures of all the rival claimants' Aggrieved by the same, the farmers filed W.P'No'13995 of 2O18 artd this Court disposed of the said writ petition on 3O'04'2018 directing the District Judge, Khammam to disburse amounts in terms of Lokadalat award along with interest accrued i.e. 18ok. It is further submitted that the said LAOP. No.619 of 2Ol4 pertaining to Kommepally village on the frle of the Principal District and Sessions Judge' Khammam was sub-divided, based on the survey numbers and the Sy.No.119 of Kammepalli village became part of LAOP.No.4 of 2019, which is subject matter in the present writ petition. It is further submitted that there are no rival claimalts against the petitioners and all the petitioners have frled their claim statement in the LAOP'No'4 of 2O19 way batt in the year 2Ol9 however, is still pending i L adjudicat.io;r. Hence, the petitioners fiied the present writ petition.

4. Orr the other hand, the learned Government Pleader ftrr Land Acquisition has placed a copy of written instructions, based on which, it is submitted that the then Special Deputy Collector (LA), IFrl & Railways, Khammam deposited the entire award amount including interest of Rs. 18,84,.33,666-561- before the principal District Judge, Khammam vide Cheque No.O622 1g, dated 23.Og.2O14 under Section 31(2) of the Land Acquisition Act, 1g94 and the batch cilse was numbered as LAOp.No.6l9 of 2014. Later, the Principal District Judge, Khammam sub_divided based on su.rvey numbers for instance lands acquired in Sy.No.l19 ard numbered as LAOp.No.4 of 2OL9 and the writ petitioners are covered in LAOp.No.4 of 2019. Further, the Principal District Judge, Khammam transferred the case file including larld compensation pertaining to LAOP.No.4 of 2Ot9 on 29.OT.2O2 1 to the IV Additional District zmrl Ils55l615 Judge, Sathupalli and the LAOp No.4 of 2Ol9 which is under adjudication. \-,r! .l a

5. At this juncture, the learned counsel for the petitioners would submit that the five in mrmber and there are no rival claims against the respective extents of the be permitted to subject land and therefore, they .may withdraw the amounts corresponding to their extents of land.

6. In that view of the matter, recording the submissions made by the learned counsel on either side' this writ petition is disposed of directing the respondent No.6 to consider the claims of the petitioners herein in LAOP.No.4 of 2Ol9 ald pass appropriate orders' in accordalce with law, within a period of six weeks' from the date of receipt of a copy of this order' Miscellaneous petitions, pending, if any' shall stand closed. However, there shall be no order as to costs' t; I I , 4 { * //TRUE COPY// To,

1. The Princioal Secretary, Revenue Department (Lan Telangand, Secretariaf Buildings, BRKR Bhavan, H 500063. . SRINIVASA R TANT RAR ECTION OFFICER uisition)State of abad, Telangana-

2. The t\rtanaging Director, Singareni ColleriesCo. Ltd. ' Corporate Office, Red Hills, Hyderabad.

3. The District Collector, Khammam District, Telangana. 4. The Revenue Divisional Officer (LA)(RDO), Khammam District' Telangana' 5. The Mandal Revenue officer, SathupallyMandal, Khammam District District, Telangana.

6. The Presiding Officer' District Court' Khammam' Khammam District 7 One CC to SRI ABDUL AZAM KHAN' Advocate lOPUCl B. Two CCs b GP FOR REVENUE' High Courtfor the State of Telangana at Hyderabad [OUT]

90. CompanY t-imited loPUCl neCCtoSRlP.SRlHARSHAREDDY,SCforSingareniCollieries '10 Two CD CoPies BSK BS $) I 1 \ a * + 1 ,lt I i * I I 1 { d t l4 t I ,t + I i t 0 I HIGH COURT DATED: 1 0l0gl2025 'i I lj[i 28fi .: lf ORDER WP.No.27212 ot 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS aa-r L s \) d\