✦ High Court of India · 17 Sep 2025

High Court · 2025

Case Details High Court of India · 17 Sep 2025
Court
High Court of India
Decided
17 Sep 2025
Length
1,386 words

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITI ONN O: 28094 OF 2025 Between: Narakulla Krishnaiah. S/o Seetharah,.Aged about 64 years, Occ- Agriculture, R/o. Lingapalem Village, Vemsore nllanait,' f fi"amrnam*oiltnct AND ...PET|T|ONER

1. The state of reranoana. (Land Acquisition) Secretari5t aliio-,ngr,;iyiliJbad, r'etangana_so-otiol 2. The Singareni Colleries Co.Ltd, Rep by its Managing Director, Corporate .Rep !y its principar secretary, Revenue Department - '" Office, Red Hills, Hyderabad.

3. The District Collector, Khammam District, Telangana. 4. The Revenue Divisionar officer (LA)(RDo), Khammam District, Terangana. 5. Mandal Revenue officer, Sathupa[y Mandar, Khammam District Diskict, 6 The Diskict Court, Rep. by its presiding Officer, Khammam, Khammam Telangana. District. ...RESPONDENTS Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or direction more particurarry one in the nature of a writ of Mandamus decraring the action of the respondent no.6 in not deciding the claim statements filed by the petitioners in LAop.no.1 of 20.19 on the file of respondent no.6 and not depositing the compensation amount of Rs.10,95,000/_ per acre on par with other land rosers, though submitted possession certificate issued by the Tahsildar, sathupalli t\randal and other relevant documents establishing clear titre, though there are no rivar craimants against the petitioners as illegal, arbitrary and in violatron to Art 14, 21 and 3004 of constitution and consequently to direct the Respondent no.6 to disburse/de c lsit the compensation amount of Rs.10,95,000/- per acre on par with other land tsers duly deciding the claim statement filed in LAOP.no. l of 2019 on the file ol ,e spondent no.6 by the petitioners as expeditiously as possible with interest @18 16 per annum. A NO: 1 OF 2025 Petition under Section 151 CPC praying that in the .:i cumstances stated in the affidavit filed in support of the petition, the High .)r )urt may be pleased pleased to consider the representation dt.25.10.2024 ,;t'bmitted to the Dist. Collector Khammam Dist, pending disposal of the above \1'r : Petition. Counsel for the Petitioner : SRI ABDUL AZAM KHAN Counsel for the Respondents No.1,3,4&5 : ASST. GP FOI?. r-AND ACQUISITION Counsel for the Respondents No.2 : SRI P.SRI HARSHA l?l:DDY, SC FOR SCCL The Court made the following: ORDER f* [+ f. I4 * * THE HONOURABLE SRI WSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.28O94 of 2o25 ORDER: Heard learned counsel for the petitioner and Mr'Somu srinivas Reddy, learned Assistant Government Pleader for Land Acquisition appearing for respondent Nos'1, 3, 4 atd 5 ald Mr.P.Sri Harsha Reddy, learned standing counsel for respondent No.2. With the consent of the parties, this writ petition is being taken up for disposal at the admission stage itself'

2. This writ petition is filed seeking following prayer: ndeclaing the action of the respondent No'6 in not deciding the claim statements filed bg the petitioner in LAOP No-l of 2019 on tlne file of respondent No.6 and not depositing tLLe compensation amount of Rs 1O'95'0OO/- per acre on par raith oth.er land losers though submitted possesslon certificate issued bg the Tahsildar' Sathupatli Mandal and otlrcr releuant doatments establisling clear title though there are no riual claimants against the petitioner as illegal arbitrary and in uiolation to Art 14, 21 and 3OOA of Cor*titution 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 tlw claim statement fited in LAOP.No.1 of 2019 on the fiIe of ) respondent No.6 by tLrc petitioner as expec'i,iouslg as possible utith interest 1B percent per annr,'.:tt " .FI \.

3. Brief facts of the case as stated are thal t,:titioner claims to be owners of land admeasuring Ac.2-22 gts., in Sy.No.111 at Kommepalli Village, Sathupalli Mandal, Khamrc am District who are clajmants in LAOP.No. 1 of 2019. Respor:c ent No.2 sent requisition to acquire the land to an extent of Ac.,i80-07 gts., for the purpose of JVR OC-II mining in the ' i lage limits of Kommepalli, Sathupally Mandal in the yea-r :2(1 19. Therea-fter, notification was issued for acquiring Ac.489-O4 3 s , of land and accordingiy award was passed under Sectic.r 11 of Land Acquisition Act, 1894 granting Rs.3,48, ).15/- towards compensation per acre. Aggrieved by the sa_rn€ , he lald losers filed LAOP.No.619 of 2074 on the file of Princ,iJrrl District and Sessions Judge, Khammarn ald thereafter, tht: lrame was sub- divided based on Survey numbers and that pe,t i1 ioner's subject property became part of LAOP.No. 1 of 2O 19 ai d 1.he petitioner have filed the claim statements in the said LAO[, a nd the same is pending for adjudication. Thereafter, land loserr; approached Lok Adalat ald the compensation amount war, enhanced to Rs.10,95,000 f - per acre. However, compensatiorL rr as not paid till date even though the lands were acquired in t -re year 2013. Accordingly, petitioner made a representation c,:.1 25.1O.2024 to * + - --**!,-t* *. . *.+..:*+'--.- J the District Collector, Khammam stating that Rs'25,00,OO0/- per acre was paid to lartd losers arld same compensation would be paid to them. Since, no response is forth coming, petitioner have frled the present writ Petition.

4. Today when the matter has been taken up for hearing, learned counsel for the petitioner submits that in similar circumstartces this Court in W.P.No- 12837 of 2023 dated

28.O4.2023, passed the following order:- "S.Hauing regard to the same, the Wit petition is disposed of and respondent .l[o' ] is directed to deposit tlrc decretal amount in tenns of tLe order and decree, dated 30.O3.2011, passed in O.P.No.65 of 2OO9 bg ttrc Senior Ciuil Judge, Gadual, to the credit of E'P'No'L of 2O23 in O.P.No.65 of 2009 on tle file of Senior Ciuil Judge, Gadtua| as expeditiouslg as possible, at any rate uitltin a peiod of four (4) montls from the date of receipt of a copg of this order. There sLnll be no order as to costs. " I I

5. L,earned counsel for the petitioner further pray this Court to pass similar orders as passed in W.P'No'12837 of 2023 dated

28.O4.2023.

6. l,earned Assistant Government Pleaders appearing for respondents did not dispute the same 7, Recorcling the submission made by l:eirned counsel appearing on either side and in terms of ord,: r- passed by this Court in W.l,.No.l283T of 2023 d.ated. 28.Oq.,.tO23, rhis writ petition is disposed of directing the respondc r authorities to deposit the dr:creetal amount in terms of the r r. ler and decree, passecl in L.A.O.P No. 1 of 2019, on the lile of P.incipal District and Sessions.Judge at Khammam, to the credit rf L.A.O.p No.1 of 2019, as expeditiously as possible, at any rate r,.i._hin a period of four (4) months from the date of receipt of a copJ, ci this order. B. Accordingly, this writ petition clisposed of Miscellaneous applications, if any pending, sh:il stand closed No order as to costs. i i i t t 4 f f //TRUE COPYII SD'-,\. A Sljt 'sRrNtvASA REDDY ''-- qTANT REGISTRAR- S[c'-rr6r.r oFFrcER To, 1 2 3 The Principal Secretary, Revenue Department (Lanc A;-duisition) Secretariat Buildings, State of Telangana, Hyderabad, Telanganz 1 00063 The Managrng Director, Singareni Colleries Co.Ltd, (lr> porate Office, Red Hrlls, Hyderabad. The District Collector, Khammam District, Telangana. The Revenr.re Divisional Officer (LA)(RDO), Khammalr District, Telangana. 4 5. The Mandal Revenue Officer, Sathupally Mandal, Kl- irr rmam District District, Telangana

6. The Presiding Officer, District Court, Khammam, Kha 'r nam District. 7. One CC to SRI ABDUL AZAM KHAN, Advocate. [OF'r ]()l B. Two CCs to GP FOR LAND ACOUISITION, High Cot 1 for the State of Telangana :t Hyderabad. [OUT]

9. One CC to SRI P SRI HARSHA REDDY, SC for Siniy.rr-.ni Collieries Company Lrmited [OPUC] 10 Two CD Copies BSK $} .-,--=.-..--- I I I i* f * l{ Ii t a i t * q IT HIGH COURT DATED:1710912025 /i: I:], 10 i[25 \(i,. '\.. ORDER WP.No.28094 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS r.-r /

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