High Court · 2025

Kyatham Srinagar Holder K Sri[anth, , S/o Satyanarayana, Aged 40 years, R/o H.No. 17l107, Colony, Siddipet District, Telangana, Represented by his GpA yathbm Vimala, AND

1. The State of elangana, Rep. by its Chief Secreta ry and Special Chief Secretary (R venue, Registratlons Stamps and excise), Revenue Department, Rao Bhavan , Adarsh Nagar, Hyderabad overnment of Telangana Secretariat, Bu rugula Rama Krishna ...PETITIONER

2. The District Duddeda, Tela I llector, Siddipet District. 2VJH.C62, Jangaon - Siddipet Rd, ngana 502277

3. The Revenu Pura, Siddip Divisional Officer, , Gajwel, Siddipet District. 4R3X.H6B, Azam , Telangana - 502103 4. The Tahsilda , Kondapak Mandal, Siddipet District ...RESPONOENTS Petition und r Article 226 of the Constitution of lndia praying that in the circumstances statdd in the affidavit filed therewith, the High Court may be pleased .opfirt. to issue an app Writ order or direction, especially in the nature of Writ of Mandamus by d the action of the Respondents No.1 and No.2 in allotting a eclAring land which is not frlee hold Government land and which is the occupation of third parties in for the Petitioner Property i.e. land admeasuring extent of exchangL 0 Guntad comprised in Survey No. 662/ ?o 11 or Survey No.662 Bl1 Acres 0-2 t Duddedh Village, Kondapaka Mandal, Siddipet District, Telangana as situated a iri violation of principles of natural justice and violation of illegal, arbitrary an b Articles 14, 21 anl Article 3004 of the Constitution of lndia and consequen y cancel the Exchd ngd Deed dated 20.06.20'18, or alternatively direct the Respondents No.1 lnd 'No.2 authorities to allocate a la nd that is equivalent in value to the Property of t e P6titioner I i lA NO: 1 OF 20 22 Petition und the affidavit filed in Respondents No. 1 his Notice, dated appropriate action pass suitable order{ S &2 .08.2 s per n 151 CPC praying that in the circum stances stated in of the petition, the High Court may be pleased to direct redress the grievance raised by the Petitioners throu gh 22 and the Application, dated 13.05.2022 and to ta ke e terms of the Exchange Deed dated 20.06.2018 and /' Counsel for the Pe Ltione SRI.APSURESHRAM counsel tor tne neL nts: GP FOR REVENUE The Court made th L ing: ORDER I THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY trrRIT PETITION No.39O7l OF 2O22 ORDER: This writ petition is filed seeking the following reliefi- "...to issue an approprtqte Writ order or direction, especiallg in the nature of wit of mandamus bA declaing the action of the Respondents No.I and 2 in allotttng a land which is not free hold Gouemment land and which is the occupation of third parties in exchange for the Petitioner PropertV i.e., land admeasuring erte oJ Acres O-2O Guntas compised in Suruey No.662/e)/I or Suruey No.662€58/ 1 situated at Duddeda Village, Kondapaka Mandal, Siddipet Distict, Telangana as illegal, arbitrary and in violation oJ pinciples of natural justice and uiolation oJ Articles 14, 21 and Article 300-A of the Constitution of India and consequentlg cancel the Exchange Deed dated 20.06.2018, or alternatiuelg direct the Respondents No.l and No.2 authoities to allocate a land thnt ts equiualent in value to the Propertg of the Petitioner and pass such order or orders as deemed fit and proper in the ciratmslances of the case".

2. It is stated that the petitioner is the owner and pattadar o[ the agricultural land to an extent of Ac.O.20 gts., in Survey No.662/g/l and Survey No.662leoB/1 situated at Duddeda Village, Kondapaka Mandal, Siddipet District, having purchased the same under registered sale deed uide document No.4474/2076, dated

08.06.2016. It is stated that the petitioner's name is mutated in the revenue records under the provisions of the Telangana Rights in Land and Pattadar Pass Books Act uide Pass Book No.T1O 12O020969, Patta No.2288. It is stated that respondent No. 1 has proposed to construct a New Integrated Complex Building for Siddipet District ("Siddipet District Collectorate") and pursuant to the I 2 CVBR, J wp_39}1 | _2022 I --ti same, identified the land of the petitioner forming part of the above said survey numbers and for the purpose of construction of the said building, the petitioner voluntarily consented to give the rights over the lands subject to allotting equivalent value of the land in lieu of compensation. It is stated that in pursuance of the said consent' the respondcnt authorities have taken the land of the petitioner and utitized for the purpose of construction of the District Collectorate Thereafter, the respondent authorities have identified the land in Survey Nos.662 and 663 and agreed for allotment of the land in favour of the petitioner, and on verihcation of the said [and' the petitione r came to know that there are disputes over the property and the pctitioner has not agreed for the proposal of allotment of the land in Survey No'662 and its Sub-divisions'

3. The grievance of the petitioner is that the respondents are without any neither allotting the suitable undisputed land encumbrances in lieu of the compensation nor proceedings under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition' Rehabilitation and Resettlement Act, 2O 13 (for short 'the ActJ initiated the Learned Assistant Government Pleader for Revenue placing 4. reliance on the written instructions has submitted that the proposal for the exchange of land was mutually agreed upon by the petitioner ,----:-- -,,!..ra.+---- r. | ,- - | 3 CVBR, J wp_39071_2022 and respondent authorities. It is stated that the respondent authorities are taking effective steps to hand over the remaining extent of land as early as possible. It is further submitted that in view of the pendency of W.P.No.9375 of 2022, the respondent authorities are not in a position to take the balance extent of the land from the persons in occupation to hand over the same to the petitioner.

5. Be that as it may, the pendency of the litigation does not take away the right of the petitioner either to claim equivalent value of the land or for paying compensation in accordance with the provisions of the Act. Since there is no dispute with regard to acquiring the land n I of the petitioner situated in Survey Nos.662/e9/ I ard 662loB/l to the extent of Ac.0.2O gts., and entering into an exchange deed for allotment of alternative land, it is the responsibility on the part of the State and its authorities to.o-ply the conditions of the exchange deed either for allotment of undisputed alternative land or payment of the compensation.

6. Taking into consideration the fact that the land of petitioner has been taken in the year 2Ol8 and even after lapse of 6 years, the respondent authorities have not allotted the alternative land in lieu of compensation, this Court is of the opinion that ends of justice would be met, if the respondents are directed to hand over the I CVBR. J wp_39071_2022 I equivalent value and undisputed land in lieu of the land acquired by the petitioner in Sy.Nos.662 /eo/1 and 662/@B/1, failing which the respondents are directed to initiate the proceedings for payment of compensation in accordance with the provisions of the Act within a period of three (3) months from the date of receipt of a copy of this

7. With the above directions, the writ petition is disposed of No order as to costs. As a scqucl, the miscellaneous petitions, if aly, pending in this writ petition shall stand closed //TRUE COPY// SD/-V.KAVITHA DEPUTY REGISTRAR SE ION OFFICER "t.","o1 exciseU Burugul{ and Special Chief Secretary (Revenue, Registrations Revenue Department, Government of Telangana rRama Krishna Rao Bhavana, Adarsh Nagar' \I To, '1 . The Chief S Stamps and Secretariat, Hyderabad. 2. The District Duddeda, T l,**{ 3. The Revenu Divisi J Pura, Siddipet, Tela/ J

4. The Tahsildrl. , ^onl s. one cc to Jnr. n d br ro 6. Two CCs to

7. Two CD Cop I KKS L, Siddipet District. 2VJH.C62, Jangaon - Siddipet Rd, 502277 l''at Oficer, , Gajwel, Siddipet District. 4R3X H68, Azam lsana - 502103 [apaf Uanoat, Siddipet District lrr*aSH RAM Advocate toPUCl [, *rua*ua, High Court for the State of Telangana. I I I I I I \ l HIGH COURT DATED:2210112025 ORDER WP.No.39071 ot 2022 o C) - * ,,,.Sirr/'..\s, "'6^\' ( \ .J 1 0 JUr 2025 sr,ATCFI i--0 * DISPOSING OF THE WRIT PETITION WITHOUT COSTS I