High Court · 2025

Petition under Article 226 of lhe 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 ...RESPONDENTS writ of Mandamus dec;laring the action of the respondent no.6 in not deciding the claim statements filecl by the petitioners in LAOP.no.6 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 Tahsildar, Sathupalli tt/andal dnd other relevant documents establishing clear title as illegat, arbitrary and in violation to Art 14, 21 and 300A of Constitution and consequently to direct the Respondent no.6 to d isbu rse/deposit the compensation amount of Rs. 10,95,000/- per acre on par with other land losers duly deciding the claim statement filed in LAOP.no.6 of 2019 on the file of respondent no.6 by the petitioners as expeditiously as possible with interest @18 o/o Per annum. lA NO: 1 OF 2025 Petition under S;ection 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to consider the representation dt.2511012024 submitted to the Dist. Collector Khammam Dist, pending disposal of the above Writ Petition. Counsel for the Petitioner : SRI ABDUL AZAM KHAN Cbunset for the Respondents No.'1,3,4&5,6: ASST. GP FOR REVENUE Counsel forthe Respondents No.2: SRI P.SRI HARSHA REDDY' SC FOR SCCL The Court made the following: ORDER THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ PetitionNo.2T233 of2O25 ORDER: This writ petition is filed seeking the following prayer: "...declaing the action of the respondent No.6 in not deciding the claim statements filed by the petitioners in LAOP No.6 of 2019 on tte file of respondent No.6 and not depositing the compensation amount of Rs 1O,95,OOO/ per acre on par utith other land losers tltough submitted possession certifi.cate issued bg the Tahsildar, Sathupalli Mandal and other releuant documents establishing clear title and. taith no riual claimanls as illegal, arbitrary and in uiolation to Art 14, 21 and 30OA of Constitution and consequentlg to direct the Respondent No.6 to disburse/ deposit the compensation amount of Rs.1O,95,OOO/- per acre on par uith other land. losers dulg deciding th.e claim statement filed. in LAOP.No.6 of 2019 on the file of respondent No.6 bg the petitioners as expeditiouslg as possible u.tith interest 18 percentage per annum..."

2. Heard learned counsel for the petitioner and learned Assistant Government pleader for Revenue appearing on beha_lf of respondent Nos.l, 3, 4 and 5 ald 7 '1 \, learned standing counsel appearing on behalf of respondenl. Itlo.2. With their consent, this writ petition is taken up for disposal. Notice to respondent No.6 is hereby dispensed 'wit-h.

3. The facts of the case in brief as stated are that Iearned counsel for the petitioners would submit that the petitioners Nos. 1 to 5 are the owners of land to al extent of Acs.7.84 t/z gts., 1n Sy.No. I 17, respectively, situated at Kommepalti village, Sathupalli Mandal, Khammam District (hereinafter referred to as 'the subject propertyJ artd are claimarrts in LAOP.No.6 of 2019. It is their case that as per the requisition of SCCL to acquire the land to an extent of Acs.68O.O7' gts., for the purpose of JVR OC-II mining in the village limits of Kommepalli, Sathupally Mandal in the year 2OO9, a Notification vras issuecl trnder the provisions of the Lald Acquisition Act, 1894. Subseqtrently, the Special Deputy Collr:ctor had passer.l t.'.r-- Geaeral Au,ard under Section 1i calcurL,..tinu Rs.3,4 8,935/ - towards compensatioll per acre. As th.: said amount was not accepteC by the ryotiis, ii:,: i,..rnd ,\cquisition Officer referred ihe mattei. to l[-tr: D rri:'ict Cotrlt, Khammam and 3 the same was numbered as LAOP.No.619 of 2Ol4 for Komepally village and deposited certain amounts into the t said Court. After several consensus, compensation of Rs. 1O,95,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 and Sessions Judge on the ground that the awards did not contain the signatures of all the rival claimants. Aggrieved by ttre same, the farmers filed W.P.No.13995 of 2018 and this Court disposed of the said writ petition on 30.04.2018 directing the District Judge, Khammam to disburse amounts in terms of Lokadalat award along with interest accrued i.e. l8o/o. It is further submitted ttrat the said LAOP. No.619 of 2Ol4 pertaining to Kommepally village on the file of the Principal District and Sessions Judge, Khammam was sub-divided, based on the survey numbers arrd the Sy.No.119 of Kammepalli village became part of LAOP.No.6 of 2019, which is subject matter in the present writ petition. It is further submitted that there are no rival claimants against the petitioners and all the petitioners have filed their claim statement in the LAOP.No.6 of 2019 way back in the year 2OI9 however, is still pending 4 adjudicat.ion. Hence, the petitioners fiied the petition. present writ \ \ 4 ' rJL' the other ha,d, the rearned Government Pleader fcrr [.416 Acquisition has placed a copy of written instructions, based on which, it is submitted that the then special Deprrty coilector (LA), Im & Railways, Khammam deposited the entire award a_rnount including interest of Rs.18,84,33, 566_56 / - before the principal District Judge, Khammam vide cheque No.o622 1g, dated ,23.Og.20r4 under Sectiott 37(2) of the Land Acquisition Act, 1g94 and the batch case was numbered as LAOp.No. 619 of 2014. Later, the principar District Judge, Khammam sub-di,,rided based on survey numbers for instance lalds acquired in Sy.No.119 zrn,l numbered as LAOp.No. 6 of 2019 and the writ petition ers are covered in LAOp. N o.6 of 2Ol9 . Further, the Principzrl District Judge, Khammam transferred the case file i.nctuding pertaining to lald compensation on 29.O7.2O2t to the LAOP.No.6 of 2Ot9 IV Additional District and Sessions .Iudge. Sathupa-lli and the LAOp No.6 of 2019 which is under adjudication. I a 5

5. At this juncture, the learned counsel for the petitioners would submit that the petitioners herein are Iive in number arrd there are no rival claims against the respective extents of the subject land and therefore' they may be permitted to 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.6toconsidertheclaimsofthepetitionershereinin LAOP.No.6of2Olgaldpassappropriateorders'in accordance with law, within a period of six weeks' from the date of receipt of a copy of this order' Miscellaneouspetitions,pending'ifany'shallstand closed. However, there shall be no order as to costs' //TRUE COPY// RINIVASA REDDY S NT REGIST S TION OFFICER To, 'l . The Principal Secretary, Revenue.g!p-artment (Land Acquisition) Secretariat ' B;ildind;, biate oftetdngana, BRKR Bhavan, Hvderabad, Telangana- 500063.

2. The Managing Director, Singareni Colleries Co.Ltd', Corporate Office' Red Hills, Hyderabad.

3. The District Collector, Khammam District, Telangana' 4.TheRevenueDivisionalofficer(LA)(RDo),KhammamDistrict,Telangana. 5. The Mandal Revenue officer, Sathupally lrilandal, Khammam District District' Telangana.

6. The Presiding ,3fficer, District Court, Khammam, Khammam District. 7. One CC to SlRl ABDUL AZATM KHAN, Advocate. [OPUC] B. Two CCs to Gf) FOR REVENUE, High Court for the State of Telangana IouT]

9. One CC to SiRl P.SRI HARSHA REDDY, SC for Singareni Cotlieries Company Limited. [OPUCI

10. Two CD Copie:;. \ BSK BS I HIGH COURT DATED:1 010912025 ', I I 1 C ti.r i[E ORDER WP.No.27233 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \)