1. Kotha Shankar v. 1. The 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 an Writ, order or direction more particularly one in the nature of writ of mandamus, declaring the action of the respondents in trying to lay a road through the petitioners agricultural lands Ac.1-09 Gts. in Sy. No. 238, Ac.l-09 Gts. in Sy. No. 238, Ac.2-18 Gts. in Sy. No. 238 and Ac.2-18 Gts. in Sy. No. 238 I situated at Mungepalti Village, Kalher Mandal of Medak District without following any due procedure under raw i.e. without issurng any notic,:. urithout obtaining the petitroners consent and without paying compensation as righry ilegar, arbitrary, violative of prin.iples of naturar justice and consequentry direct the respondents herein not to lay any roads through the petitioners agricurturar Iands without following the due process of law. l.A.NO:1 OF 2016 WPMP.NO:8950 0F 2016) ( Petition Under Section 151 cpc praying that in the circumstances stated in the affidavit filec in support of the petition, the High CoL rt may be pleased to direct the respc,ndents herein not to ray any road through the petitioners, agricultural lands Ac.1-09 Gts. in Sy. No. 238, Ac i-09 Gts in Sy. No. 238, Ac.2- 18 Gts. in sy. No. 238 and Ac.2-18 Gts. in Sy. No. 238 r;rtuated at t\rrungepaili village, Kalher li/andar of Medak District, pending disp.sar oi the main writ petition. Counsel for the Petitioners : SRI y.ASHOK RAJ counsel for the Respondent Nos.1, 4 & 5 : Gp FoR ROADS AND BUTLDINGS Counsel for the Respondent Nos.2 & 3 : Gp FOR REVENUE The Court made the following ORDER \ THE HONOURABLE SRI JUSTICE K.SARATH IVRIT PETITION No.7026 0F 20L6 ORDER: 1. Heard the learned Counsel for the petitioners and the learned Assistalt Government pleader for Roads and Buildings appearing for the respondents.

2. The learned Counsel lor the petitioners would submit that this writ petition is hled questioning the action of the respondents in trying to lay a road through the agricultural lands of the petitioners i.e. Ac. 1.O9 guntas, Ac.1.09 guntas, Ac.2.l8 guntas and Ac.2.18 guntas in Sy.Nos.23g, situated at Mungepalli Village, Kalher Mandal of Medak District (hereinafter referred to as 'subject lands), *itrrrt following due procedure as contemplated under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as arbitrarlr and illegal and sought a direction to the respondents not to not to lay through the subject lands of the petitioners without following due process of law. \'! - \ 2 SK,J

3. The le:arned Assistant Government Pit:rrclcr for basing on the cotLnter filed by the respondcnt No..i' rtould submit that the respondents have not entered into llre lands of the petitioners for taking up widening work and il is not laying any new road and the road was formulated in the way back by the Panchayat Raj Department and nou, the: re:spondents are widening the road within the R&B siti :rnrl tht: rvork also compl,:ted. If the petitioners have any grir'r':rnr:e, they can make apphcation for conducting survey and subn'rit that the cause in the writ petition does r-tot sun,ive

4. After hearing both sides ar-rd ir-r view of trc submissions made by t-he learned Assistant Governmer.tt Plerader, this writ petitlorr 1S disposed of directing the respondent authorities are not to interfere with the possession of the petitioners over the subject lands without lollttwing due process of la'*,. If the petitioners have any grievance, they can make application for conducting survev of the subject lands as per the existing Rules and if the rcsporldents are found to have encroached upon the sub.r:ct lands, the W,: ,, / To ,i SK,J pctitioners are at liberty to make appropriate application lor payment o[ compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act. 2013':l 5 With the above obscrvation, this writ petition 1S disposed of. No order as to costs.

6. Miscellaneous applications, if any, pending 1n this Writ Petition shall also stand closed //TRUE COPY// SD/-P. PONNA KRISHNA TANT REGISTRAR A CTION OFFICER I 1 , Secretariat The Principal Secretary, Roads and building Departme Buildings, State of Telangana at Hyderabad. The Di;trict Collector, Medak District at Sangareddy. 2 The Tahsildar, Kalher Mandal, Medak District. 3 fh" Srp"r.t"ndent Engineer, Roads and Buildings, Sangareddy, Medak 4 District. S. ine Assistairt Engineer, Roads & Buildings, Narayankhed, Head Office at o. iwo"ccst<j'cp ron RoADS AND BU|LD|NGS, High court for the State of z. rwo ici to cP'FoR REV-ENUE, High court for the State of Telangana at 8. Ohe CC to sRl Y.ASHOK RAJ Advocate [OPUC] 9. Two CD CoPies Telangana at HYderabad. [OUT] SangareddY, Medak District. Hvderabad. [OUTI SA "w HIGH COURT DATE D :0 210912025 ORDER WP.No.7026 of 2016 ' t:i S (), t, ,.) 4 I 1 ilP zffi 7{ i), :t- .. '-'. r',].,/ -::,.i DISPOSING OF THE W.P WITHOUT COSTS. \|