The High Court · 2025

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 WRITOF IVIANDAI\/US, declare the. action of the Respondent No.2 to 4 creating government interest over the petitioner land in Sy.No.237l3lA1, Sy.No.23715/2 to an extent of 4c.2.20 gts., situated at Vuyyalawada Village, Nagarkurnool Mandal, Nagarkurnool District in favour of Government tvledical College by way of taking signature on Form No.6 c) i.e. voluntary surrender of petitioner's land to the government by coercion with a cheating manner as illegal, arbitrary, unjust, violative of principles of natural justice, violative of Articles the Constitution of lndia, by holding that the petitioner is thr: joint possessor in respect of the above said |and and conse respondents not to dispossess the petitioner from the lanC Sy.No.237l5/2 to an extent of Ac.2.20 gts., situated at \/ Nagarkurnool Mandal, Nagarkurnool District 4,21 and 300-4 of absolute owner and luentially direct the in Sy.No.237l3/A'1 , ryyalawada Village, lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the : in the affidavit filed in support of the writ petition, the High Or .cumstances stated urt may be pleased to direct the respondent Nos.2 to 4 not to dispossess the pet in Sy.No.237i3lAl , Sy.No.237l5l2 to an extent of Ac.2 2 Vuyyalawada Village, Nagarkurnool [\/andal, Nagarkurnool [)i lioner from the land ) gts., situated at ;trict Counsel for the Petitioner: SRl. M. RAMESHWAR RAO Counsel for the Respondent Nos. 1to4: SRI H. RAKESH KUll AR, AGP FOR REVENUE t EP GP FOR REVENUE Counsel for the Respondent Nos. 5to7:- W.P. NO: 37238 OF 2022 Between: tt/idde Alivela ,@ Alivelamma, W/o. Estharaiah @ E:;t rari Aged about 63 years, Occ. Agriculture, Rl/o. Vuyyalawada Village, I'li garkurnool [t4andal, Nagarkurnool District. AND 'l . The State of Telangana, Rep. by its Principal Secrert Revenue Department, T.S. Secretariat, BRKR Bhavan, ll, 2. The District Collector, Nagarkurnool District 3. The Revenue Divisional Officer, Nagarkurnool Division, l,l 4. The Tahsildar, Nagarkurnool Mandal, Nagarkurnool Distri 5. Ramesh Goud, S/o Balraj Goud Aged about 45 years, C r Rl/o. Vuyyalawada Village, Nagarkurnoollvlandal, Nagark.r 6. Ch. Atchutha Reddy, S/o. Ch.Krishna Reddy Aged at Business, Rl/o. Vuyyalawada Village, NagarkurnoollVr District. ...PETITIONER try to Government, derabad. rgarkurnool District. t. :. Business (IVPTC) nool District- rut 45 years, Occ. rdal, Nagarkurnool ...RESPONDENTS Petition under Article 226 of the Constitution of lndirr praying that in the circumstances stated in the affidavit filed therewith, the l- igh Court may be pleased to issue a writ, order or direction, more particurarry one in the nature of wRlr oF I\4ANDAMUS, decrare the action of the Respondent No.2 to 4 creating government interest over the petitioner land in Sy.No.237t17lAA to an extent of 4c.2.20, situated at Vuyyarawada Vilage, Nagarkurnoor Mandar, Nagarkurnoor District in favour of Government lvedical college by taking signature on Form No.6 c) i.e. voluntarry surrender of petitioner's rand to the government by coercion with a cheating manner as illegal, arbitrary, unjust, violative of principles of natural justice, violative of Articles 14,21 and 300-4 of the constitution of lndia, by holding that the petitioner is the absolute owner and possessor in respect of the above said land and consequentially direct the respondents not to inaugurate the [vredicar colege tifl compensation, damages paid to the petitioner and further direct the respondent No.1 to initiate penal proceedings under coercion cheating with a criminal conspiracy and SC and sr (POA) against the Respondent No.2 to 6 lA NO: 1 OF 2022 Petition under Section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High court may be pleased to direct the respondents not to inaugurate the lvledical college till compensation, damages paid to the petitioner lA NO: 2 OF 2022 Petition under Section 151 cpc praying that in the circumstances stated in the aflidavit filed in support of the writ petition, the High court may be pleased to direct the Respondent No. i to initiate penar proceedings under coercion cheating with a criminal conspiracy and SC and ST (poA) Act against the Respondent No.2 to 6 Counse( for the Petitioner: SRl. M. RAMESH\ryAR RAO Counsel for the Respondent Nos. 1to4: SRI H. RAKESH KUMAR, Counsel for the Respondent Nos.5&6:- AGP FOR REVENUE REP GP FOR REVENUE The Court made the following: ORDER W.P. NO: 37264 OF 2022 Between: Kakunoori Ramulu, S/o. Lqlg.Kakunoori Balaiah Aged rbout 66 years, Occ. Agriculture (Ex-surpanch) R/o. Vuyyarawada Viilag-e r rgarkurn6or rr,,linoal, Nagarkurnool District. AND 'l . The State_ of Telangana , Rep. by its principal Secr: Kevenue Department, T.S. Secretariat, BRKR Bhavan r 2. The District Collector, Nagarkurnool District 3. The Revenue Divisional dfficer, Nagarkurnool Division, \ 4 The Tahsildar, Nagarkurnool Manda-|, Nagarkurnool Distr 5. Ramesh Goud, S/o. Balraj Goud Aged abbut 45 years, o ^ Y" Yyryglaw{ta Viilag^e, Nagarku-rnoot Mandatl Nisar< o. L;h. Atchutha Reddy, S/o. Ch.Krishna Reddy Aqe-d rrl uusrness, FVo. Vuyyalawada Village. Nagarkurnbol l4 District. Petition under Article 226 of the Constitution of lndit circumstances stated in the affidavit filed therewith, the t pleased to issue a writ, order or direction, more particularly r WRIT OF TVANDAA/US, declare the action of the Responde.r government interest over the petitioner land in Sy.No.23711 ,1 Ac.1.00 gts., Sy.No.237l15lA, to an extent of Ac.2.00 gts I extent of Ac.3.00 gts total extent Ac.6.00 situated at V.r Nagarkurnool Mandal, Nagarkurnool District in favour of (l College by taking stgnature on Form No.6 C) i.e. volLr petitioners land to the government by coercion with a cheatirrr arbitrary, unjust, violative of principles of natural justice, violi 2'1 and 300-4 of the Constitution of lndia, by hotding that tl absolute owner and possessor in respect of the abcr consequentially direct the respondents not to inaugurate th€ compensation, damages paid to the petitioner and further d r No.'1 to initiate penal proceedings under coercion cheat r conspiracy and SC and ST (pOA) against the Respondent No ...PETITIONER ary to Government, rderabad. rgarkurnool District. )t. ,c. Business (MPTC) rrnool District. out 45 years, Occ. rndal, Nagarkurnool ...RESPONDENTS praying that in the igh Court may be ne in the nature of No.2 to 4 creating EE, to an extent of y. No.237118 to an ,yalawada Village, rvernment I\,4ed ical :arly surrender of manner as illegal, tive of Articles '14, e petitioner is the l said land and v4ed ical college t ill rct the respondent 3 with a criminal 2to6 lA NO: 1 OF 2022 Petition under Section 1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the WRIT petition, the High Court may be pleased to direct the Respondent No.1 to initiate penal proceedings under coercion cheating with a criminal conspiracy and SC and ST (POA) Act against the Respondent No.2 to 6 lA NO: 2 OF 2022 Petition under Section 15'l CPC praying that in the circumstances stated in the affidavit filed in support of the WRIT petition, the High Court may be pleased to direct the respondents not to inaugurate the Medical College till compensation, damages paid to the petltioner Counsel for the Petitioner: SRl. M. RAMESHWAR RAO Counsel for the Respondent Nos. 1to4: SRI H. RAKESH KUMAR, AGP FOR REVENUE REP GP FOR REVENUE Counsel for the Respondent Nos.5&6: - The Court made the following: COMMON ORDER THE HON'BLE SRI JUSTICE E.V.VENI GOPAL WRIT PETITION Nos.362S O, 3723A and 37t 64 0F 2022 COMMON ORDER: Since the rssue involved in a_11 these Writ I etitions is orre and the same, they ale i:earcl together and dispos:d of by way of a common order. 2. Writ Petition No.36250 of 2022 is f,rled und,r Article 226 of Constitution of India seeking the following relief/ s : '..to issue a nrit, order or direction, more particularh nature o[ WRIT OF MANDAMUS, declare rhe a,.r. Respondent No.2 to 4 creating government interest over ttt land in Sy.No.237/3/At,Sy.No.23Z/5/2 to an extent of .\ situated at Vuwalarvada Village, Nagarkurnoo Nagarkurnool District in favour of Government Medica \ray of taking signature on Form No.6 O i.e. r,oluntary :rr p.trtroner s Iand to the government b-r coercion wiil- manner as illegal, arbitrary, unjust, violative of princip)es justice, violative of Articles 14, 2l and 30O-A of the ior| lndia, by holding that the petitioner is the absolute on,n: possessor in respect of the above said land and consequerLl the respondents not to dispossess the petitioner from :j S1-'.No.237/3/A1, Sy.No.237/5/2 to an extent of Air. situated at Vulyalawada Village, Nagarkurnooi Nagarkurnool District and to pass such other and furilr orders...' )ne rn the n of the petitioncr 2.20 gts., Mandal, )ollege b1 rrender of cheating of natural iitutron of and joint ally direct e land in 1.20 gts., Mandal, - order or

3. Writ Petition No.37238 of 2022 is filed under Article 226 of Constitution of India seeking the following relief/s:_ '...to issue a writ, order or direction, more particularh ( :re rn the nature of WRIT OF MANDAMUS, declare the acr,r L of the Respondent No.2 to 4 creating government interest over the petltioner land in S_v.No.237/17/AA to an extent of Ac.2.2O gts., s tuated at Vuln'aiawada Vrllage, Nagarkurnool Mandal, Nagarkuinoo )istrict in favour of Government Medicat College by taking signatu:.r on Form No.6 e i.e. voluntary surrender of petitioner's tana to the ry v'ernment bv coercion lvith a cheating manner as illegal, arbitrar , unjust, violatire of principles o[ natural justice, violaiive of Arl, I s 1 .1, 21 and 300-4, of the Constitution of India, by hotding that th l letitioner is the absolute orvner and possessor in rJspect of-the aboi e said land and_ consequentially direct the respondents not to inaup rrate the .College till compensation, dimages pard to the peti Medical oner- and further direct the respondent No.1 to initiatepenal proceeci gs under coercron cheating with a criminal conspiracl, ana dC A S... POAJ Act 2 against the Respondent No-2 to 6 and to pass such other and further order or oiders -.."

4. Writ Petition No.37264 of 2022 is filed under Article 226 of Constitution of India secking the follorving relief/s: "...to issue a u'rit, order or direction, more particularl-v one in tne lature o[ WRIT OF MANDA-'.-US, declare the action of the Respondent No.2 to 4 creating gol'ernm':-lt ri3rest over the petitioner land in Sy.No.237l3i A1, Sy.No.237l512 to an extent cf Ac 2.20 gts., situated at Vuyyalarvada Vitlage, Nagark.rrnool Mandal, Nagarkurnool District in favour of Government Medical College by rvay of taking signature on Form No.6 O i.e. voluntary surrender o[ petitioner's tand to the government by coercion with a cheating manner as illegal, arbrtrary, unjust, violative of princrples of natural justice, violative of Articles 14, 21 and 300 A of the Constitution of India, by holding that the petitioner is the absolute owner and joint possessor in respect of the above satd land and consequentially direct the respondents not to dispossess the petitioner from the land in to an extent of Ac.2.20 gts-' Sy.No.237l3/A1 , Sy.No.237 l5l2 situated at Vulyalaivada Village, Nagarkurnool Mandal, Nagarkurnool District and to pass such other and further ordcr or orders.. . " For the sake of coni'enience, the facts in W.P.No.3625O of 2022 are discussed as hereunder:-

5. Heard Mr.M.Rameshrvar Rao, learned counsel for the petitioner and Mr.H.Rakesh Kumar, learned Assistant Government Plead-er representing learned Government Pleader for Revenue appearing for respondent Nos.1 to 4.

6. Learned counsel for the petitioner submits that the ofhcial and unofficial respondents coliuded with each other and hatched a plan to grab the petitioner's land by inducing him of schemes i.e., Dalitha Bandu Scheme, trmployment Scheme etc., in the name of construction of Medical College and obtained his signatures on several documents, without paying any --- -) compensation as required under the provisi,r rs of the Land Acquisition Act, 20 1 3. Relying on the decisio r- passed b,r,, the ersluhile High Court of Andhra pradesh in LA )_cum_Revenue Divisional Officer Vs. Mekala pandu And Othe: s1, rvherein it is held that the assignees ol the Government rarli ; are enritled to pavment of compensation equivalent to the full narket value of the land and other benefits on par with full o\\ r ers of the land, even in cases u'here the assigned lands are tal.t n possession of by the State. in accordance with the terms o. grant or patta, though such resumption is for public purpose, ;r: seeks to allow the Writ Petitron 7 . Learned Assistant Government pleader for i :venue submits that the petitioner had executed a relinquishme I deed and also signed on Panchanama, wherein the possessio I of the subject land rvas handed over to respondent authorities tlr construction of the Medical College; that after being satisfied b,. the voluntary declaration made by the persons concernecl rnd after due identilication b1' the attesting witnesses of For r r-c, the said relinquishment rvas accepted and the subject l:.r d rvas handed over to the atrthorities for construction of Medi,: -l College; that the present construction work w.as under progrer;r . Therefore, he I etR too+ Ap t:rr + states that the said acquisition of lanC was rneant for the larger interest of the public. Therefore, the claim of the petitioner, at this stage, is perverse and :eeks to dismiss the Writ Petition' B. Fo; better understanding Irara r'lc.,'i. ^r the decision citeC (.supral is extracted as hereunder:- "Para No.9 1: 'No compensation' clause which virtua.lly enables tlie State to withdraw the privilege granted without payment of just compensation is ar-r 'unconstitutional condition" imposed by the State adversely alfects the life, tiberty, equality and clignity guaranteecl by the Constitution Thc assignment of tands'to the exploited ald rulnerable sections cf the society is neither a formality nor a gratis. The pnvilege granted is with a view to ensure and protect the rights of the exploited sections of the people to live with human digirity free from exploitation' The privilige or largess once granted acquires the status o[ vested interest. The policy to assign ttre Government lald by the State lgas obviously designed to protect tlte socio economic status of a vulnerable citrzenry ' rts deprivation would be universally perceived as a misfortune".

9. As per the contentions of the learned Assistant Government Pleader for Revenue it is an admitted fact that no colrlpensation ivas paid to the petitioner in respect of the patta larld of the petitioner, though he has executed various documents' I O. I{aving regard to the submissiolls of both the learned counsel al1d upon careful scrutiny of the decision cited (supral ' it is an admitted fact that the Government has acquired the assigned land of the petitioner for public purpose i e', for construction ol L{edical College. Having acquired the subject land the petitioner, he cannot be deprived of a-- { compensation / monetary benefit for acquisitior r of the subject land, as per the provisions of the Land Acquis tion Act, 2013. Therefore, this Court is inclined to direct the pc itioner to rile a representatl:'r along r,vith a-ll the requisite doctrtr:nts, before the respondent authorities s:eli-ng compensation rr respect of the subject land acquired by them, within four (4) ,r.eeks from the date of receipt of a copy of this order. Uporr filing the said representatioll, the respondent authorities _i.e directed to consider the same ald pass appropriate order:;. as per [au,, as expeditiously as possible. 1 1. With the above direction, these Writ pet r on Nos.36250, 37238 and 37264 ol 2022 are allowed. No costs Miscellaneous Petitions, pending if any, shr I stald closed. Ii )/- L. VIJAYA LAXMI S I TANT REGISTRAR /AS //TRUE COPY// ECTION OFFICER 5t To, Re\enl )

1. The Prrncipal Secretary to Government, Secretariat, BRKR Bhavan, Hyderabad. 2. The District Collector, Nagarkurnool District 3. The Revenue Divisional Officer, Nagarkurnool Division Jagarkurnool District. 4. The Tahsildar, Nagarkurnool Mandal, Nagarkurnool Di! t ict. 5. One CC to SRI. lM. RAMESHWAR RAO, Advocate [Ot, ,C] 6. Two CCs to GP FOR REVENUE ,High Court for the ltate of Telangana at 7. Two CD Copies Hyderabad [OUT] Department, T.S. BtV GJP MMT HIGH COURT DATED:0711012025 COMMON ORDER - - :-=-\ ' : :Tni€E a '1 t t '111 lit0 Ct i .( -- r\'- 'F'l\i"-r- ...2 WP.Nos.36250 , 37238 AND 37264 of 1r-)22 ALLOWING ALL THE WRIT PETITIONI S WITHOUT COSTS MM.l- IL t-t