✦ High Court of India · 23 Sep 2025

The High Court · 2025

Case Details High Court of India · 23 Sep 2025
Court
High Court of India
Decided
23 Sep 2025
Bench
Not available
Length
1,383 words

3. K. Srininvas Reddy, S/ o. K. Sathi Reddy, Aged 45 years, Occ. Business , Rl/o. H.No. 5-5-1058/16, Plot no. 16, Rd no.3 tVlallikarjunanagar, North, LB nagar, Chintalkunta, Rangareddy District

4. B. Saathwik Reddy, S/o. B. Sudarshan Reddy, Aged 31 years, Occ. Business , R/o. H.No6-7-216, Near Ekalawa School Shivaji Nagar, Nalgonda. .....PETITIONERS AND

1. The State of Telangana, Municipal Administration and Urban Development Department, Land Acquisition Wing, Secretariat, Hyderabad. Rep. by its Principle Secretary.

2. The Hyderabad Metropolitan Development Authority (HMDA), Swarnajayanthi Complex, SR Nagar, Ammerpet, Hyderabad, Rep by its Commissioner.

3. The District Collector, Hyderabad District. 4. The Spl. Deputy Collector, Land Acquisition(General), Hyderabad. .....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 writ of mandamus questioning the in-action of the respondents in consrdering the representations dated 04.O9.2025 and 08.09.2025 submitted by the Petitioners <r_7.t ' -_- ,:.".*r!*-.r -/ ,/, pursuant to the Gazette notification no.15, dated 25.11.2A24 issued by the 3rd respondent as per the instructionsi directions of the 1st an<l 2nd respondents for acquisition of land in Kakaguda, Tirumalgherry, villages of 1-irumalgherry Mandal, Hyderabad District seeking compensation, being the tenants of entire 1st floor and 3rd floor ha,ring plinth area of 15178 sq ft in the buildirrg known as Rainbow Shopping [\4all, constructed on open land in Sy-no.59/1(old ), new sy.no. 59/8, situated at Kakaguda village, Secunderabad Cantonment as illegal, arbitrary, violative of the provisrons of The Right to Fair Compensatior and Transparency in Land Acquisitiorr, Rehabilitation and Resettlement Act, 2013 and violative of principles of nal.ural justice, violative of Articles 14, 19,21 and 300,4 of the Constitution of lnd ia. |.A.NO:1 OF 2025 Petition Under Section 15l CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider the representations dated 04.09.2025 and 08.09.2025 submitted by the Petitioners pursuant to the Gazette notification no.15, dated '.a5.11.2024 issued by the 3rd respondent as per the instructions/d irections of the '1 st and 2nd respondents for ,rcquisition of land in Kakaguda, Tirumalgherry, villages of Tirumalgherry Mandal, Hyderabad District seeking compensation, being the tenants of entire 1st floor and_3rd floor having plinth area of 11j178 sq ft in the building known as Rairrbow Shopping lr,4all, constructed on open land in Sy.no.59/'l (old), new sy.n,r. 59/8, situated at Kakaguda village, Secunderabad Cantonment. Counsel for the Petitioners : SRI T.SURYA SATISH Counsel for the Respondent No.1 : GP FOR MUNICIPAL AD MINISTRAT|ON AND URBAN DEVELOPMENT Counsel for the Respondent No.2 : SRI V.NARASIMHA GOL,D Counsel for the Respondent Nos.3 & 4 : SRI SOMU SRINIV/\S REDDY, AGp FOR REVENUE The Court made the following ORDER EY THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.289O3 of 2025 ORDER: This writ petition has been l-rled seeking the following prayer: "...questioning the inaction of the respondents in consideing the representations dated 04.09.2025 and 08.09.2025 submitted bg the petitioners pursuant to the Gozette notification No.15 dated 25.11.2024 issued by the 3rd respondent as per the instructions/ directions of the lsl and 2nd respondents for acquisition of land in Kakaguda, Tirumalgherry uillages of Tirumalgher4.1 Manda| Hgderabad Distict seeking compensation being the tenants of entire 1st JToor and 3rd JToor hauing plinth area of 15178 sq.ft., in the building knotan as Ro-inbou-t Shopping Mall constructed on open land in Sg.No.S9/ 1 (old), neu Sg.No.S9/ 8 situated at Kakaguda uillage, Secunderabad Cantonment as illegal, arbitrary, uiolatiue of the prouisions of The Right to Fair Compensation and TransparencA in Land Acquisition Rehabilitation and Resettlement Act, 2 0 1 3. .. "

2. Heard learned counsel for the petitioners and learned Assistant Government Pleader for MA&UD; Mr.V.Narasimha Goud, learned standirrg counsei for respondent No.2 and Mr.Somu Srinivas Reddy, learned Assistant Government P1e4der 2 for respondent Nos.3 and 4. With their consenr, this writ petition is tal<en rrp for disposal

3. The lacts of the case in brief as stated are that petitioner Nos.2 to 4 had formed the petitioner No.1 partnership fir.m by duly registering the same under the provrsions of Indian Partnersh.ip Act for the purpose of carrying orrt the business of running of hotel, restaurant, Bar, pub, Cafe, Bzrkery arld other allied activities under the partnership deed The petitioners, premises is consisting of entire I "t floor rrd 3.d floor in Sy.No.S9/1 (old), Sy.No.59/8 (new) having plir,th area of 15178 sq.ft., in t-he building known as Rainbow Shorping MalI under registered lease deed dated Og.Ol -2021 registered as Doc.No.265/2024 with the Sub_Registrar, Bowenpally having purchased from one Mr.T.Arjun Goud. It is st bmitted that the State Government had taken a decision to construct elevated corridor from Paradise Junction to Shameerpet at ORR on Rajiv Rahadari, State Highway O1 and for the said acquisition, the Government had issued notice under Secti ;n 1 1 of Land Acquisition Act in State Gazette No.15 dated 2i,.11.2O24. In |ne said notificatron, Sy.No.59 was mentioned along with property in question being mentioned as Mc.Donald, Arun Goud instead of J Rainbow Shopping Mall, T.Arjun Goud. In that regard, petitioners made representations to respondent authorities on

04.O9.2025 and 08.09.2025 in terms of Sections 15,21 and 22 of the Land Acquisition Act to provide just and adequate compensation for loss of petitioners' property, investment, business and livelihood.

4. Though various grounds are raised in the writ petition, learned counsel for the petitioners restricts his prayer seeking a direction to respondent authorities to dispose of the petiticners' representations dated O4.O9.2O25 and 08.09.2025 in a time bound period

5. Learned Assistant Government Pleader as well as learned standing counsel submits that if the said representations are still pending for consideration, the respondent authorities may be directed to dispose of the petitioners' representations, dated 04.O9.2025 and 08.09.2025 and pass appropriate orders in accordance with law.

6. In view of the submission made by the learned counsel on either side and without going into the merits of the case, this writ petition is disposed of directing the lespondent authorities 4 to dispose of the petitioners' representations, dated 04.09.2025 and Oa.t)g .2025 and pass appropriate orders strictly in accordalr:e .rvith lau,, as expeditiously as possible, preferably within a period of eight (O8) weeks from the date of receipt of a copy of ttLis order by putting all the concerned p,rities on .otice and give a fair opportunity of hearing to aI the concerned parties and communicate the same to the petitioners.

7. Accordingly this writ petition is dispose d of Miscellaneous applications, if arty penrling, shall stand closed. Hower.er, there shall be no order as to c,)sts. //TRUE COPYII To

1. The Principal Secretary, Municipal Administration Department, Land Acquisition Wing, Secretariat, S Hyderabad. :;D/- MOMINA MEHAR ;ISTANT REGISTRAR T \ SECTION OFFICER d Llrban Development te of Telangana at

2. The Comrnissioner, Hyderabad Mekopolitan Developm:nt Authority(HtVDA),, Swarnajayanthi Complex, SR Nagar, Ammerpet, Hyderabad.

3. The District Collector, Hyderabad District. 4. The Spl. Deputy Collector, Land Acquisition(General) , ilyderabad. 5. Two CCs to GP FOR MUNICIPAL ADIUINISTRATION IIND URBAN DEVELOPMENT, High Court for the State of Telangan;r at Hyderabad. [OUT]

6. Two CCs to GP FOR REVENUE, High Court for the Stzte of Telangana at Hyderabad. [OUT]

7. One CC to SRI T.SURYA SATISH, Advocate IOPUC] 8. One CC to SRI V.NARASIMHA GOUD, Advocate (OPLC) 9. Two CD Copies o. SA BS HIGH COURT DATED:2310912025 C.C. TODAY -'.- '.J.: ,i]. .i : ,l 1,.-:rr,.--'+._ .(";(\1:]' FP ?[6 i il t. \., \.'-. \'\ .- r, .l ..,,.-!,i c(-) 24; -* ORDER WP.No.28903 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. 2L{

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