Bhasaveni Mallaiah v. 1. The State of Telangana
Case Details
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 an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.3 in non-considering the representation of the petitioner dated 17.O7.2025, 18.08.2025, 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-well, pipeline and other structures in the land of the petitioner in respect of land in Sy.No.188/4/2, 208/A, 211,216,2181A.,22218,22O,223,211,218 totaling to an extent of Ac.1.06 gts which situated at Raghavapur Revenue Village, Tekumatla Mandal, Jayashankar- '/ /i Bhupalapalli District, by conducting the re-estimation compensation to the petitioner's land, which is acquired unc programe for construction of National Highway from Ma r and non-paying the :r the land acquisition ;herial to Vijayawada (NH163-G) is highly illegal, arbitrary, u nconstitutional and ,,i Natural Justice and also in violation of Articles 14,2 Constitution of lndia, apart from violation of provisi,r Compensation and transparency in Land Acquisitior Resettlement Act, 2013 and consequently direct the respcr the representation of the petitioner dated 17.07.2025, 1t and to implement the section 29 of the Land Acquisiticrr compensation to the petitioner bore-well, pipeline and othet of the petitioner in respect of land in Sy.No.188/A.i2, 2(ti 22218, 220, 223, 211, 218 totaling to an extent of Ac.1.03 Raghavapur Revenue Village, Tekumatla Mandal, Ja 7 District, by conducting the re-estimation and to pay the: petitioner's land, which is acquired under the land ac l construction of National Highway from [Vlancherial to Vilayar rlation of Principles of I and 300-4 of the rs of Right to Fair Act, Rehabilitation Cent No.3 to consider .o8.2025, 04.O9.2025 Act and to pay the structures in the land lA, 211, 216, 218tA, gts which situated at rs ha n ka r-B h upalapa lli compensation to the risition programe for ada (NH163-G). I.A.NO:l OF 2025 Petition Under Section 151 CPC praying that in the r:i the affidavit filed in support of the petition, the High Co I direct the respondent No.3 to consider the representation ( cumstances stated in t may be pleased to f the petitioner dated
17.O7.2025, 18.08.2025, 04.O9.2025 and to implement the I Acquisition Act and to pay the compensation to the petitior and other structures in the land of the petitioner irr Sy.No.188/4,/2, 2O8lA, 211, 216, 2181A. 222tB, 22O, 223, 2 extent of Ac.1.06 gts which situated at Raghavapur Reven ection 29 of the Land er bore-well, pipeline respect of land in I 1 , 218 totaling to an te Village, Tekumatla Mandal, Jayashankar-Bhupalapalli District, by conducting t r pay the compensation to the petitioners land, which is ar:r acquisition programe for construction of National Highw;l Vijayawada (NH163-G) pending disposat of the writ petition. r re-estimation and to uired under the land ' from Mancherial to Counsel for the Petitioner : SRI RAPOLU BHASKAR / /i //t/ Counsel for the Respondent Nos.l to 4 : AGP FOR REVENUE Counsel for the Respondent No.S : SRI M.RAMU The Court at the stage of admission made the following ORDER ^ THE HoNOURABLE SRI IUSTICE N.V.SHRAV 4 N KUMAR WRIT PETITION No.32479 of 2025 ORDER: Heard learned counsel for the petitioner and l:arned Assistant Government Pleader for llevenue appearing for respondct t Nos.1 to 4 and Sri.M.Ramu, learned standing counsel for National HiglL,,,ay Authority of India appearing for respondent No.5. With their consent, :l .e writ petition is being taken up for disposal at the admission stage itself.
2. This writ petition has been filcd seeking to decli re the action of respondent No.3 in non-considering the petitioner's rcl) esentation dated
17.07.2025, 18.08.2025, 04.09.2025, non implementing secri: I 29 of rhc I-and Acquisition Act and non-initiating paymcnt of compensati.: to the petitioner bore-well, pipeline and other shuctures in the petitioner's I rnd a<imeasuring to an extent of Ac.1.06 gts, in sy No.188/A/2, 208/ A,211, | 6,278/ A,222/8, 220, 223, 217, 278, situated at Raghavapur Rcvenue \ ilage, Tekumatla Mandal, Jayashankar-Bhupalapalli District, which is acquir< J under the land acquisition programe for construction of National Highwa ", fron-r Mancherial to Vijayawada (NH163-G) is highly illega!, arbitrary, un: )nstitutional and violation of Principles of Naturar Justice and arso in violatrcr of Articles 14, 21 and 3004 of the Constitution of India apart from vioratior of provisions of Right to Fair Compensation and transparen6y in Lanc Acquisition Act Rehabilitation Resettlement Aci; 2013 and consequently dir: t thc respondent I \ No.3 to consider the petitioner,s representations dated 17.i , 2025,7g.0g.2025, 2 04.09.2025 and to implement the scction 29 of the Land Acquisition Act and to pay the compensation to the petitioner.
3. Though various grounds are raised in the writ petitiory learned counsel for the petitioner restricts his praye' seeking a tiirection to respondent authorities to dispose the petitioner's representations dated 12.07.202s,
18.08.2025, 04.09.2025, in a time bound period.
4. Learned Assistant Government pleader appearing for respondents submits that if the petitioner's representations dated 77.07.202s, 1g.0g.202s,
04.09.2025 are still pencling for consideration; the respondent authorities may be directed to dispose of the said representations and pass appropriate orders in accordance with law
5. In view of the submission made by learned counsel appearing on either side and without expressing any opinion on the merits of the case, this writ petition is disposed of directi.g the rcspondent authorities to dispose the petitioner's representations dated 17 .07 .2025, LB.OB.Z12S, 04.09.2025 and pass appropriate orders strictly in accordance with law,, as expeditiously as possible, preferably within a period of six (06) weeks from the date of receipt of copy of this order and communicate th€ same to the petitioner.
6. Accordin-gly this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs. //TRUE COPY// Sd/.AHMED ABDULLA KHAN ISTANT REGISTRAR To
1. The Principal Secreta Building, Secretariat, 2. The District Collector, ry, Revenue (Land Acquisition) Department, Secretariat State ot I elangana at Hyderabad. Jayashankar-Bhupalapalli District. SECTION OFFICER I J.
4. 5.
6. 7 8 o The Revenue Divisionar officer-cum- fand Acquisition ( fficer, Bhuparapali Division, Jayashankar-Bhupalapalli District. The Tahsildar, Tekumafla Manilal, Jayashankar_Bhupe I rpalli District. The Project Director, Nationat Highway Autnoriiv of f ,iJi, ,"wurrngribiri.ion, Hanmakonda District. Two CCs to GP FOR REVENUE, High Court for the Str e of Telangana at Hyderabad. [OUT] One CC to SRI RAPOLU BHASKAR, Advocate [OpUCl 9n" 99 ro SRt M.RAMU, Advocate iOpUCl Two CD Copies l^ 4Y \ SA ) I I I ,.-==:: =:---\ '.'rHt :rr].\r. ' !r3 iil 20fr o.,4, f HIGH COURT DATED:2811012025 ORDER WP.No.32479 ot 2025 1) DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. 1, \ 1 \/