The High Court · 2025

Petition under Arlicle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit fded therewith, the High Court may be pleased to issue an order or direction md$b particularly one in the nature of Writ of Mandamus declaring the action of the riespondent No.3 in.tron-considering the representation of the petitioner dated 0419.2025 and non-initiating to implement the section 29 of the Land Acquisition Act and non-initiating to pay the compensation to the petitioner bore-well,'pipeline and other structures in the land of the petitioner in respect of land in Sy.tlo.+Ole, 143/D totaling to an extent of Ac.0.30 gts which is situated at Giddamutharam Revenue Village, Chityala Mancial,Jayashankar-Bhupalapalli Dishid, by conducting the re-estimation and non-paying the compensation to the petitbner's land, which is acquired under the land acquisition programe for construction of National Highway from Mancherial to Vijayawada (NH163-G) is highly illegal, arbitrary, unconstitutional and violation of Principles of Natural Justice and also in v,iolation of Articles 14, 21 & 300-4 of the Constitution of lndia, aPart from violation and transparency in Land of provisions of Right to Fair Acquisition Act, Rehabilitation Compensation Resettlement Act, 2013 and consequently direct the respondent No 3 to consider therepresentationofthepetitionerdatedo4.og.2025andtoimplementthesection 29 of the Land Acquisition Act and to pay the compensation to the petitioner bore- well,pipelineanclotherStructuresinthelandofthepetitionerinrespectoflandin Sy.No.40/8, 143/D totalini2, to an extent of Ac'0 30 gts which is situated at GiddamutharamRevenupVillage,ChityalaMandal'Jayashankar-Bhupalapalli Dstrict,byconductingt'hereestimationandtopaythecompensationtothe petitioner's land. which is acquired under the land acquisition program for construction of National Hfohway from Mancherial to Vijayawada (NH163-G)' lA NO: 1 OF 2025 Petition under sectioh 151 cPC praying that in the circumstances stated in the affidavit filed in support qf the petition, the High Court may be pleased to direct the respondent No.3 to consider the representation of the petitioner dated 04.Og.2025 and to implement the section 29 ol the Land Acquisition Act and to pay the compensation to the petitioner bore-well, pipeline and other structures in the land of the petitioner in respect of land in sy.No.40/8, 143/D totaling to an extent of Ac.0.30 gts which is situated at Giddamutharam Revenue Village, chityala Mandal, Jayashankar-Bhupalapalli District, by conducting the re-estimation and to pay the compensation to the petitioner's land, which is acquired under the land acquisition program for construction of National Highway from Mancherial to Vijayawada (NH163-G) pending disposal of the writ petition' Counsel for the Petitioner: SRI RAPOLU BHASKAR Counsel forthe Respondent No. 1 to 4: AGP FOR REVENUE Counsel for the Respo-ndent No. 5: SRI M. RAMU The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR TIIRIT PETITION N0,3275,6 of 2o25 ORDER: This writ petition is filed seeking the following prayer: "...d.eclaring the action of the respondent No'3 in non-consideriig the representation of the petitioner dated 04.09.2025 and non-initiating to implement the section 29 of the Land Acquisition Act and non- initiating to pay the compensation to the petitioner bore-wilt pifeliie and" other structures in the land of the petitiin", in respect of land in Sy-No-4)/ B 143/ D totiling to an extent of Ac.0-30 gts., which is situated at Giddamuthqra.m Reuenue Village, Chityala Mand al, Jagashankar Bhupalapalli District (subject propertg) by conducting the re-estimation and non- paging the compensation to the petitioner's land which is acquired under the land acquisition program for construction of National Highway from Mqnctrcrtal to Vijayawada NH163-G is htghlg illegal, unconstitutional qnd uiolation of Principles Justice and also in uiolation of Articles 14, 3OOA of the Constitution of India apart from of prouisions of Right to Fair Compensation Act direct the respond"ent I[o.3 to consider n of the petitioner dated 04.09.2025 nt the Section 29 of the Lqnd and to pay the compensa tion to the qnd other structures tn in respect of land in totaling to an extent of Ac.O-30 at Gidda.mutharam Reuenue andal, Jay ashankar Bhupalapalli re-estimation and to pag the petitioner's land which is nd acquisition program fo, from Mancherial to qrencA in Land Resettlement Acquisition Act, 2013 pipetine petitioner J 63-G. .liOhwaa \ 2

2. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos.l to 4 and Mr.M.Ramu, learned standing counsel for respondent No.5. With their consent, this u,rit petition is taken up for disposal.

3. The facts of the case in brief are that petitioner claims to be absolute owner of the subject land and that petitioner's name was also mutated in the revenue records and also issued pattadar passbooks. It is submitted that the NHAI intended to Iay the road from Mancherial ' to Vijaywada (NH- 163-G), accordinglv, NHAI directed LAO cum RDO, Bhupalapalli i.e., respondent No.3 to acquire the land to lay the said Highway. As such, respondent No.3 issued notification and paid an amount of Rs.18,00,0O07'- as compensation under the t.'l-ra acquisition programme. It is submitted that respondent No.3 without conducting any enquiry and without appointing skilled persons, nominally fixed the compensation. The main. grievance of the petitioner is that respondent No.3 has paid compensation only to the land of the petitioner but not granted compensation to borewell, pipeline and other structures. In that regard, petitioner submitted representation dated 04.o9.2025 to respondent No.3 I /d4 J requesting to pay compensation as per the provisions of Section 29 of the Land Acquisition Act which reads as follows: "29. Determination of uq.lue of things attached to land or building: (1) The Collector in determining the market ualue. of the building and other immouable propertg or assels qttached to the land or building which are to be acquired, ttse the seruices of a competent engineer or any other specialist in the releuant field, a.s ma.A be considered necessary bA him." Since, no action is taken by respondent No.3, the present writ petition is filed by the petitioner. I t

4. Though various grounds are raised, petitioner confines his prayer to the extent of disposing of the representation dated

04.09.2025 submitted to respondent No.3. I II

5. Learned Assistant Government Pleader for Revenue, on instructions, would submit that if the said representation is still pending for consideration, the respondent authorities may be directed to dispose of the petitioner's representation and appropriate orders be passed to that effect. 4

6. In that view of the matter, this writ petition is disposed of with a direction to respondent authorities to consider the representation dated 04.O9.2025 and after giving a fair opportunity of hearing to the petitioner, pass appropriate orders strictly in accordance to law within a period of six (6) weeks from the date of receipt of a copy of this order and thereafter, communicate the same to the petitioner Miscelleineous applications, if any pending, shall stand closed. Hou,ever, there shall be no order as to costs. Sd/.C.DEEPIKA ASSISTANT REGISTRAR , I //TRUE COPYII SECTION OFFICER To,

1. The Princioal Secretary, Revenue (Land Acquisition) Defrrtment, Secretariat Building, Secretariat, State of Telangana, Hyderabad. 2. The District Collector, Jayashankar-Bhupalapalli District 3. The Revenue Divisional Officer-cum Land Acquisition Officer, Bhupalapalli Division, Jayashankar-Bhupalapalli District Hanmakonda District.

4. The Tahsildar, Chityala Mandal, Jayashankar-Bhupalapalli District. 5. The Projec;t Director, National Highway Authority of lndia, Warangal Division, 6. One CC to SRI RAPOLU BHASKAR, Advocate tOPUQl 7 . Two CCs te GP FOR REVENE, High Court for the State of Telangana. [OUT] 8. One CC to SRI M RAMU, Advocate IOPUC] 9. Two CD Copies MMT PMK HIGH COURT DATED:2911012025 ORDER WP.No.32756 of 2025 rii;-G;:;.. 6UITE 2 a .lt B o t +J o o I \. ti 0E SPATC * DISPOSING OF THE WRIT PETITON WITHOUT COSTS \