Fd High Court · 2025

THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION NO: 27210 OF 2025 Between: 1 Singapogu Bhushanam, S/o. Jagapathi, Aged about. years, Occ. Agriculture, R/o. Lingapalem Village, SathupalliMandal, Khammam District. Singapogu Babu rao, S/o. SingapoguBheemayya, (LR of Singapogu Bheemayya, s/o Jagapathi), Aged about. years, Occ. ngricuiture, R/o.Lingapalem Village, SathupalliMandal, Khammim District. Singapogu Venkataratnam, S/o. Jagapathi, Aged about. years, Occ. Agriculture, R/o. Lingapalem Village, Sathupalli Mandal, Khammam District. ...PETITIONERS 2 3 AND 1 The State of Telangana, Rep. by its Principal Secretary, Revenue Department (Land Acquisition) Secretariat Buildings, BRKR Bhavan, Hyderabad, Telangana-500063. 2 3 4 The Singareni Colleries Co.Ltd., Rep by its lVlanaging Director, Corporate Office, Red Hills, Hyderabad. The District Collector, Khammam District, Telangana. The Revenue Divisional Officer (LA)(RDO), Khammam District, Telangana. Mandal Revenue Officer, Sathupally Mandal, Khammam District, Telangana.

6. The District Court, Rep. by its Presiding Officer, Khammam, Khammam District. ...RESPONDENTS Petition under Article 226 of 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 a Writ of lvlandamus declaring the action of the respondent no.6 in not deciding the claim statements filed by the petitioners in LAOP.no,l0 of 2019 on the file of respondent no.6 and not depositing the compensation amount of Rs.10,95,0001 per acre on par with other land losers, though submitted possession certificate issued by the l ahsildar, Sathupalli Mandal and otl-(rr relevant documents establishing clear title and with no rival claimants 25 llrrgal, arbitrary and in violation to Art 14, 21 and 3004 of Constitution and cctrs-oquently to direct the Respondent no.6 to d isbu rse/deposit the compensation arnount of Rs 10,95,0001 per acre on par vrith other land losers duly deciding the :l rim statement filed in LAOp.no..1 0 of 2.019 on the file of respondent no.6 i y the petitioners as expeditiously as possible with interest @18 % per annum lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the r;i.cumstances stated in the affidavit filed in support of the petition, the High c( u 1 may be pleased to consider the representation dt.25.10.2024 submitted tc the Dist. collector Khammam Dist, pending disposal of the above Writ Petitt':tr Counsel for the Petitioner : SRI ABDUL AZAM KHAN Counsel for the Respondents No.1,3,4&5 : ASST'GP FOtl IIEVENUE counsel for the Respondents No.2 : SRI P.SRI HARSHA REDDY, SC FOR SCCL The Court made the following: ORDER * I * i i* I l* f* .* I f* I THE HON'BLE SRI JUSTICE N.V.SH RAVAN KUMAR Writ Petition No.272lO of 2O2s ORDER: This writ petition is filed seeking the following prayer: "...declaing the action of the respond.ent no 6 in not deciding the claim statements filed. bg the petitioners in LAOP No.lO of 2019 on the fle of resporudent no 6 and not depositing tLe compensation amount of Rs 1O,9S,O0O/ per acre on par uLith oth.er land losers tlnugh submitted possesslon certificate issued bg the Tah-sitdar, Sathupalli Mandal and other releuant documents establishing clear title and uith no riual claimanls as illegal, arbitrary and in uiolation to Art 14, 21 and 3OOA of Constitution and consequentlg to dtrect ttrc Respondent No.6 to disburse/ deposit the compensation amount of Rs.1O,,95,OOO/- per acre on par tuitlt otLer land losers dulg deciding the claim statement filed. in LAOP.No.IO of 2019 on the file of respondent No.6 bg the petitioners as expeditiouslg as possible uith interest 18 percentage per annum..."

2. Heard learned counsel for the petitioner and learned Assistant Government pleader for Revenue appearing on behalf of respondent Nos.l, 3, 4 and 5 and 2 I learned stalding counsel appearing orL behalf of respondent No.2. With their consent, this vrt.ii, petition is taken up for disposal. Notice to respondent \ o.6 is hereby dispensed with.

3. The facts of the case in brief as s._rted a-re that learned counsel for the petitioners would stirrnit that the petitioners Nos.1 to 3 are the owners of land -,:, 'al extent of Acs.7.O0 gts., in Sy.No.121, respectively, situated at Kommepalli village, Sathupalli Mandal, Khanrr am District (hereinafter referred to as the subject prope r:y) arrd are claimants in LAOP.No. 1O of 2019. It is their c ase that as per the requisition of SCCL to acquire the lanrL .o arr extent of Acs.680.07 gts., for the purpose of JVR O,l - I mining in the village limits of Kommepalli, Sathupally ltlz ndal in the year 2OO9, a Notification was issued under r.. ,r provisions of the Land Acquisition Act, 1 894. Subs: quently, the Special Deput5r Collector had passed the Gt.r eral Award under Section 11 calculating Rs.3,48,9i;.:,, - towards compensation per acre. As the said arnol.r t was not accepted by the ryoths, the Land Acquisrtron Ofhcer referred the matter to the District Cour.rt. Kh ,u nmam and 3 the same was numbered as LAOp.No.6l9 of 2074 for Komepally village and deposited certain amounts into the said Court. After several consensus, compensation of Rs.1O,9S,OOO /- per acre was agreed and awards were passed by the Lok Adalat. Despite the said awards, compensation was not disbursed by the principal District ald Sessions Judge on the ground that the awards did not contain the signatures of all the rivat ctaimants. Aggrieved by the same, the farmers filed W.p.No.13995 of 201g and this Court disposed of the said writ petition on 3O.04.201g directing the District Judge, Khammam to disburse amounts in terms of Lokadatat award along with interest accrued i.e. 18%. It is further submitted that the said LAOP. No.619 of 2014 pertaining to Kommepally village on the file 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.l0 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 filed their claim statement in the LAOp.No.lO of 2Ol9 way back in the yeau. 2OI9 however, is still pending adjudication. Hence, the petitioners filed the p rr:sent writ petition.

4. Orr the other hand, the learned ( ;overnment Pleader for Land Acquisition has placed a co ). - of written instructions, based on which, it is submitted .h at rhe then Special Deputy Collector (LA), IFrI & Railways, Khammam deposited the entire award amount includinri interest of Rs.18,84,33,666-56/ - before the Principal Dis.ricr Judge, Kharnrnam vide Cheque No.062218, daterl 23.O8.2014 under Section 31(2) of the Land Acquisition Ar: , 1894 and the batch oase was numbered as LAOP. No r, 9 of 2Ot4. Later, the Principal District Judge, Khammarrr sub-divided based on survey numbers for instance lands rcquired in Sy.No.119 and numbered as LAOP. No.10 of ll( 19 and the writ petitioners are covered in LAOP. No. , r) of 20 19. Further, the Principal District Judge, Khammam transferred the case f,rle including land r rmpensation pertaining 1.o LAOP. No.1O of 2019 on 29.07.'.a.) 11 ro the IV Additional District and Sessions Judge, Sath, p a-lli and the LAOP No.lO of 2019 which is under adjudicatirr: r. J 5

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

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.1O of 2Ol9 and pass appropriate orders, in accordance 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 sha]l be no order as to costs. t + T o 1 //TRUE COPYII S A RINIVASA REDD NT REGI R CTION OFFICER Jli.?,iJ.:"sl?s:,,"+xr,,[:# : H"o pR sfffi?i IfJs ursition ) Secretariat rabad, Tela ngana- sinsareni colreries co.Ltd , corporate office, Red ' Iili" Yrl]X?rng"Director, 3. The District Collector, Khammam District, Telangana. 4. The Revenue Divisionat Officer (LA)(RDO), Khammam District, Telangana. 5. fhe Mandal Revenue O Telangana. -fftcer, sathupally lvlandal, Khammam District, { + I : i J-l

6. The Presiding Officer, District Court, Khammam' Khanr nam District' 7. One CC to SRI ABDUL AZAM KHAN, Advocate. [OPL(.'] 8. Two CCs to GP FOR REVENUE, High Courtfor the S:;rt'': of Telangana at o Hyderabad [OUT] oneCCtoSRlP'SRlHARSHAREDDY,SCforSingarl:liCollieries ComPanY Limited loPUCl

10. Two CD CoPies BSK $> 7 a \ * i,c { i{ Ii HIGH COURT NVSK,J *g DATED:1 010912025 i+ ] I --!-': 1 0 lll 2"Ifi I ,.) '\ J- '\.. ,. \: t ORDER WP.No.27210 ot 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 'n 'f 2 $