lVahavir Auto Diagnostics Pvt. Ltd v. 1. State of Telangana

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ of Mandamus or any other appropriate Writ, Order or Direction declaring that the proceedings in C113612O25 dated 0210912025 arc arbitrary, illegal and violative of Article 19(1 Xg) r/w Article 300 (A) of The Constitution of lndia and thereby set aside the same. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circ the affidavit filed in support of the petition, the High Court mrr all further proceedings including dispossession of the r impugned proceed ings C I 1 36 12025 dated 2l 09 I 2025 rmstances stated in be pleased to stay :titioner under the Counsel for the Petitioner:;Ms. PADMAJA GADIRAJU Counsel for the Respondents No. 1: GP FOR REVENUE Counsel for the Respondent No.2: cP FOR MPCL ADMN & t RBAN DEV Counsel for the Respondent No.3: SRI G.MADHUSUDAN Rl: )DY SC FOR GHMC Counsel for the Respondent No.4: SRI M.SRIKANTH REDD'/ SC FOR TGIIC The Court made the following: ORDER ..:-',,_.-..,, a" c HONOURABLE SRI JUSTICE B. VIIAYSEN REDDY WRIT PETITION No.292D of N% ORDER: (ORAL) Heard Ms. Padmaja Gadiraju, leamed counsel for the petitioner; Mr. G.Madhusudan Reddy, learned Standing Counsel for GHMC, appearing for respondent No.3; Mr. M.Srikanth Reddy, learned Standing Counsel for TGIIC, appearing for respondent No.4; and perused the material on record.

2. The petitioner claims to be the owner of the land admeasuring 5,900 square yards in Survey No.582, situated at Uppal Village and Mandal, Medchal District, whereunder the petitioner is planning to set up a car showroom. That an extent of the land admeasuring 955.382 square yards of the subject property was sought to be acquired vrde notice in Form-VI dated 30.01.2023 issued under Section l5(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabititation and Resettlement Act, 2013 (for short 'Act 2013') calling upon the petitioner and other owners of tlre proposed road affected areas to submit their objections for acquisition of their lands lor the purpose of road widening from Uppal to Cricket Stadium. Pursuant thereto, the petitioner submitted objections 15.02.2023 to the 2 said notice categorically stating that the site of the petitioner has potential for car showroom and workshop. That opposit to the subject property, there is a huge extent of land belonging tr, fie Survey of India/Government of India. Instead of acquiring the G,l 'ernment land, the respondent authorities are acquiring the private larLr . The land of the petitioner comes under the industrial park at Uppat ,:stablished by respondent No.4. It is submitted that Memo dated ] .07.2023 was issued to the petitioner stating that notice dated 30.01 .it 23 was issued under Section l5(l) of the Act 2013 allowing the prr ries to submit their objections within a period of sixty (60) days. How 'ver, the office of respondent No.3 did not receive the objections md thus, the representation of the petitioner dated 15.02.2023 :ould not be considered.

3. Leamed counsel lor the petitioner further sut r iitted that the petitioner submitted objections/representation dated I : .02.2023 well within the prescribed time before the concerned C,l icer, GHMC. However, asa precautionary measure, anothelepresentation/ objections 09.08.2023 was submitted by the petitioner to respondent No.3, but so far, the same is not being considered. ,4t (' o I I

4. Leamed Standing Counsel for GI&IC submitted that the initial 3 objections submitted by the petitioner on 15.02.2023, though addressed to respondent No.3, was submitted in the office of the Deputy Commissioner, GHMC. Subsequently, the objections dated

09.08.2023 was submitted beyond the stipulated time of 60 days. Learned Standing Counsel further submitted that after rejection of the objections to the notice issued under Section 15(1) of the Act 2013, declaration was published under Section 19(1) ofthe Act 2013 and at this point of time, the writ petition cannot be entertained. Several properties are being acquired for road widening purpose from Uppal junction to Cricket Stadium and in that connection, enquiry was conducted under Section I5(l) of the Act 2013 and, the objections of the land owners were rejected.

5. Taking note of the fact that declaration under Section 19(l) of the Act 2013 was pubtished after rejecting the objections filed to the notice issued under Section l5(1) of the Act 2013 dafr;d 30.01.2023, this Court is not inclined to entertain this writ petition.

6. Without entering into the merits of the case, this writ petition is disposed of. However, respondent No.3 is directed to consider the I I I I I I I i I I i I I I I I ! ! 4 representatior/objections ofthe petitioner dated 15.02', OZ3, by giving 6 opportunity of hearing to the petitioner, and pass appr: rriate orders in accordance with law, within a period of four (4) weeks 1 om the date of receip ofa copy ofthis order. There shall be no order a I to costs. As a sequel thereto, miscellaneous applications, i any, pending in this writ petition shall stand closed. \ //TRUE COPY// SD/- S.I IALLIKARJUNA RAO AS,r TSTANT REGI9IIBAR t.. \.---l -/' SECTION OFFICER To,

9. The Principal Secretary Revenue, Telangana Secretati t, Hyderabad-500022. The Principal Secretary Municipal Administration, Tel€ Hyderabad-500022 r lana Secretariat, The Special Deputy Collector Land Acquisition, GHl,4o Tank Bund Road, Hyderabad-500063. lyderabad, 6th Floor, The General Manager,Telangana State lndustrial lnfrz s (E Special fficer Look East Policy and Commissione.' Bhavan; Fateh Maidan Road, Basheerbagh, Hyderabzrr One CC to SRl. PADMAJA GADIRAJU, Advocate [Ol) Two CCs to GP FOR REVENUE, High Court for the S;1 Hyderabad . [OUT] Two CCs to GP FOR MPCL ADMN & URBAN DEV, tl of Telangana at Hyderabad . [OUT] One CC to SRI G.MADHUSUDAN REDDY, SC FOR ( One CC to SRI SRIKANTH REDDY, SC FOR TGIIC I ructure Corporation, 6th Floor, Parisrama - 500004, Telangana. ,C] rte of Telangana at )h Court for the State HIUC [OPUC] )PUC] Two CD Copies 10 PMK TKS AIT HIGH COURT DATED:161101202s ORDER WP.No.29299 ot 2025 !:, t-.1 3 ,I IFEBilM I ESI 6)\ * DISPOSING OF THE WRIT PETITION WTHOUT COSTS r{r ,"$*

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ of Mandamus or any other appropriate Writ, Order or Direction declaring that the proceedings in C113612O25 dated 0210912025 arc arbitrary, illegal and violative of Article 19(1 Xg) r/w Article 300 (A) of The Constitution of lndia and thereby set aside the same. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circ the affidavit filed in support of the petition, the High Court mrr all further proceedings including dispossession of the r impugned proceed ings C I 1 36 12025 dated 2l 09 I 2025 rmstances stated in be pleased to stay :titioner under the Counsel for the Petitioner:;Ms. PADMAJA GADIRAJU Counsel for the Respondents No. 1: GP FOR REVENUE Counsel for the Respondent No.2: cP FOR MPCL ADMN & t RBAN DEV Counsel for the Respondent No.3: SRI G.MADHUSUDAN Rl: )DY SC FOR GHMC Counsel for the Respondent No.4: SRI M.SRIKANTH REDD'/ SC FOR TGIIC The Court made the following: ORDER ..:-',,_.-..,, a" c HONOURABLE SRI JUSTICE B. VIIAYSEN REDDY WRIT PETITION No.292D of N% ORDER: (ORAL) Heard Ms. Padmaja Gadiraju, leamed counsel for the petitioner; Mr. G.Madhusudan Reddy, learned Standing Counsel for GHMC, appearing for respondent No.3; Mr. M.Srikanth Reddy, learned Standing Counsel for TGIIC, appearing for respondent No.4; and perused the material on record.

2. The petitioner claims to be the owner of the land admeasuring 5,900 square yards in Survey No.582, situated at Uppal Village and Mandal, Medchal District, whereunder the petitioner is planning to set up a car showroom. That an extent of the land admeasuring 955.382 square yards of the subject property was sought to be acquired vrde notice in Form-VI dated 30.01.2023 issued under Section l5(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabititation and Resettlement Act, 2013 (for short 'Act 2013') calling upon the petitioner and other owners of tlre proposed road affected areas to submit their objections for acquisition of their lands lor the purpose of road widening from Uppal to Cricket Stadium. Pursuant thereto, the petitioner submitted objections 15.02.2023 to the 2 said notice categorically stating that the site of the petitioner has potential for car showroom and workshop. That opposit to the subject property, there is a huge extent of land belonging tr, fie Survey of India/Government of India. Instead of acquiring the G,l 'ernment land, the respondent authorities are acquiring the private larLr . The land of the petitioner comes under the industrial park at Uppat ,:stablished by respondent No.4. It is submitted that Memo dated ] .07.2023 was issued to the petitioner stating that notice dated 30.01 .it 23 was issued under Section l5(l) of the Act 2013 allowing the prr ries to submit their objections within a period of sixty (60) days. How 'ver, the office of respondent No.3 did not receive the objections md thus, the representation of the petitioner dated 15.02.2023 :ould not be considered.

3. Leamed counsel lor the petitioner further sut r iitted that the petitioner submitted objections/representation dated I : .02.2023 well within the prescribed time before the concerned C,l icer, GHMC. However, asa precautionary measure, anothelepresentation/ objections 09.08.2023 was submitted by the petitioner to respondent No.3, but so far, the same is not being considered. ,4t (' o I I

4. Leamed Standing Counsel for GI&IC submitted that the initial 3 objections submitted by the petitioner on 15.02.2023, though addressed to respondent No.3, was submitted in the office of the Deputy Commissioner, GHMC. Subsequently, the objections dated

09.08.2023 was submitted beyond the stipulated time of 60 days. Learned Standing Counsel further submitted that after rejection of the objections to the notice issued under Section 15(1) of the Act 2013, declaration was published under Section 19(1) ofthe Act 2013 and at this point of time, the writ petition cannot be entertained. Several properties are being acquired for road widening purpose from Uppal junction to Cricket Stadium and in that connection, enquiry was conducted under Section I5(l) of the Act 2013 and, the objections of the land owners were rejected.

5. Taking note of the fact that declaration under Section 19(l) of the Act 2013 was pubtished after rejecting the objections filed to the notice issued under Section l5(1) of the Act 2013 dafr;d 30.01.2023, this Court is not inclined to entertain this writ petition.

6. Without entering into the merits of the case, this writ petition is disposed of. However, respondent No.3 is directed to consider the I I I I I I I i I I i I I I I I ! ! 4 representatior/objections ofthe petitioner dated 15.02', OZ3, by giving 6 opportunity of hearing to the petitioner, and pass appr: rriate orders in accordance with law, within a period of four (4) weeks 1 om the date of receip ofa copy ofthis order. There shall be no order a I to costs. As a sequel thereto, miscellaneous applications, i any, pending in this writ petition shall stand closed. \ //TRUE COPY// SD/- S.I IALLIKARJUNA RAO AS,r TSTANT REGI9IIBAR t.. \.---l -/' SECTION OFFICER To,

9. The Principal Secretary Revenue, Telangana Secretati t, Hyderabad-500022. The Principal Secretary Municipal Administration, Tel€ Hyderabad-500022 r lana Secretariat, The Special Deputy Collector Land Acquisition, GHl,4o Tank Bund Road, Hyderabad-500063. lyderabad, 6th Floor, The General Manager,Telangana State lndustrial lnfrz s (E Special fficer Look East Policy and Commissione.' Bhavan; Fateh Maidan Road, Basheerbagh, Hyderabzrr One CC to SRl. PADMAJA GADIRAJU, Advocate [Ol) Two CCs to GP FOR REVENUE, High Court for the S;1 Hyderabad . [OUT] Two CCs to GP FOR MPCL ADMN & URBAN DEV, tl of Telangana at Hyderabad . [OUT] One CC to SRI G.MADHUSUDAN REDDY, SC FOR ( One CC to SRI SRIKANTH REDDY, SC FOR TGIIC I ructure Corporation, 6th Floor, Parisrama - 500004, Telangana. ,C] rte of Telangana at )h Court for the State HIUC [OPUC] )PUC] Two CD Copies 10 PMK TKS AIT HIGH COURT DATED:161101202s ORDER WP.No.29299 ot 2025 !:, t-.1 3 ,I IFEBilM I ESI 6)\ * DISPOSING OF THE WRIT PETITION WTHOUT COSTS r{r ,"$*