High Court · 2025

SRI JUSTICE N'V'SHRAVAN TloNNo: 2 77160F2 025 KUMAR Bet$reen: "lglg*g6*g;frp'p'ilf,ffi iliflil#; i I i i 1 AND

2. J. 4. 6 7 ffi#g$Frumffi{- ?i[f *r'Smr*i,?ffi?#,*531oY'lit,11, ^flfl :]*fl T,,P'?lILllo' Rep bv its Municipal Commisstoner' ...RES'ONDENTS Petition under Article 226 oI lheConstitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue an appropriate writ' order or direction more particularly one in the nature of writ of mandamus' declaring the action of respondent authorities in proceeding with the construction of CC Protection Wall/Diaphragm Wall to the River Munneru on adjacent side of the petitioners lands without acquiring petitioners Patta Lands, without initiating proceedings under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition' Rehabilitation and Resettlement Act, 2013 and without paying the compensation to the petitioners as ill, "on.trr.tiontl: t" t:n ;;;;"'rincipres and Resettlem""-;";' t;t;;tt;' o,.o*o'"" *r,uie in contrary ,; ;;";,::: ' arbitrarv asainsuhe Acquis*ion, Rehaoiritars^lt the respondent autnoriil Lands for l"-t " Munneru on adiacent ., ,ot ?" patta Lands, without,r,rll "'the petitioners"o'uDiaphragm Fair csrnpsn5",,on uno"1t'no Reserrement Act, 2013, and without i..r;ng *,,'no representation oateo zg-1 and rransparency in r.!1-',^o'uuno 2013 o IAN :1OF 2025 without p"vi"g ;" ."cquisition' Land Acquisit;' ;;;,""'sation n'otu"oingl ;;t Transparency ,;;;;;;,n" of naturaliustice and Transparencv in Land 2013 consequentlv to direct Petitioners from their Patta wall to the River without acquiring petitioners provisions of the Rishr to Rehabilitation and to the petitioners tu"r"n ;;;f::'"Jrft :"Jffi:;:,l:; rd Acquisition, Rehabiritation and Resetrement Act, petition under Se i 51 CpC praying that in the circumstances stated in the affidavit fiteO in si :;:'m::' il:,:"" #J: ;",ffi Munneru on adjacent side of the petitioners lands *,,nort acquiring petitioners patta Lands, without initiating proceedings ,no"r, provisions of the Right to Fair compensation and Transparency in Land othe Rehabiritation and Resetflement Act, 2013 and without paying the and without issuing the Land Acquisit,., *",,#i,lrtT;:##ffi:: ff ,,, ;:H :l'l i:.'J i.;: ilH "::il J llll J :::i, [ "TH:m; 2013, pending disposal of the writ petition. "o;o''t,,,on, Counsel for the petitioner: SRt. CHALAKANI VENKAT YADAV Counsel for the Respondent Nos. 1to4&6: e p roehever.rue COunseltor the Respondent No.S: AGP FoR lRRlGArroN iouni.rtor the Responde"t N.'I sRt P iftlBm$o*i"o*or,o* the tollowing: oRDER fte Coutmade i 1 THE IIONOURABLE SRI JUSTICE N'V' SHRAVAN KUMAR VI.P. No.277 16 of20.25 ORDER Heard the learned counsel for the petitiohers and the learned Government Pleader for Revenue appearing for the respondents No.1 to 4 arld 6,learned Government Pleader for Irrigatign appearing for the respondent No.5 and the learned Standing Counsel Sri P.Sridhar Rao appearing for the Khammam Municipal Corporation respondent No.7. With the consent of the parties' this rvrit petition is taken up for disposal at the admission stage'

2. This writ petition is filed seeking to declare the aclion of the respondents' authority in proce eding with the construction of CC Protection Wall/Diaphragm Waii to the River Munneru on acijacent side of the petitioncrs lands without acquiring petitioners patta lands' without initiating proccedings under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition' Rehabilitation and Resettlement Act, 2013 and without paying the compensation to the pe[itioners, filed the present writ petition with a consequential prayer to direct the respondents' authority not to dispossess the petitioners from their patta lands rvithout issuing the Lald Acquisition Notification by considering the representation dated 28'O4'2O25 and Section 11(1) of the Right for Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act' 2013' 2

3. Today, when the matter has been taken up for hearing, the learned counsel for the petitioners would submit that under similar set of facts and circumstances, this Court disposed of the W.P. No.1344T of 2O2S d,ated 29.04.2025 directing the respondents authority to consider and dispose of the representations therein and pass appropriate ordeis witfri{ tfre. stipulated period and prayed to pass similar order a 4 The learned Government pleaders appearing for the respondcnts do not dispute the same

5. In that view of the matter, without expreijslng any opinion on the merits of the case, this writ petiiion is disposed of in terms of the order passed in W.p. No. 13447 of 2O2S dated 29.O4.2O25 directing the respondents authorities to consider the representation dated 28 .O4.2O25, stated to have been made by the petitioners, and after giving fair opportunity of hearing to the petitioners the respondents authorities shall pass appropriate orders in accordance with law, within a period of Six (06) weeks from the date oI receipt of a copy of this order and communicate the same to the petitioners. However, it is made clear that till disposal of the said representation dated 28.O4.2025, the respondents authorites are directed not to initiate any action in respect of the petitioners properties, without following due process as contemplated under law. 3 Accordingly, this writ petition is disposed of' There shall be no 6 order as to costs' As a sequel, shall stand closed' miscellaneous applications' if any pending' I/TRUE COPY/, SD' . B.REK HA RANI ISTAN T REGISTRAR SECTION OFFICER To,

1. The PrinctPat s T.S ,Hyd Buitding, mm issioner' Co 2. The Telangana, Bhudha Bhavan' r, Kham Division Collecto Revenue Kha mmam District

3. Distri 4. The 5. The Executive Engineer, District o The Ta 7. The MuniciPal Commissioner' to SRl. to GP dtouTl District. One CC Two CCs Hvd eraba CHALA FOR R

8. s. ecretary Revenue DePartment(JA erabad and LATS), Secretariat Resettlement, Govemment of Rehabilitatio Rani G mam District a[Kham al Officer cu n and uni, HYderabad. m Land Acq uisition Officer' Khammam' Khammam, Khammam lrrigation DePartment' hsildhar' Khammam Rural Mandal' Khammam District Khammam MuniciPal CorPoration, Khammam Pucl ENKAT YADAV Ad ofTelangana at Court for h Court for the State of Telangana' at FOR MUNICIPAL CORPORATION vocate [O the State KANIV EVEN UE ,High GPF OR IRRIGATION Hig P. SRIDHAR RAO, SC

10.Two CCs to Hvd erabad CC to SRI

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12.7wo CD CoPies BM M HIGH COURT DATED:15 tOgt2O2S CC TODAY ."::: ,,.. t-, :r''.i .:l .t1 4t' '!: i:.u ORDER WP.No.27t16 of 2O2S DISPOSING OF THE WRIT PETITION WITHOUT GOSTS q I I i I