1. D.Veeramma v. The State of Telangana
Case Details
Petition under A(icle 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 Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents particularly of the Respondent No.4 and 5 in undertaking the work of measurements and digging for the purpose of construction of OHSR Tank in the house plots of the petitioners viz., (1) Flot of the 1st petrtioner admeasuring 235.11 Sq.Yards (46 x 46 feet) within the specific boundaries on East. Golla Pakirappa plot, West. Remaining land of Vendor, North Plot of Golla Mogulamma and South 12 feet road, in Sy. No.6/A2 situated at Parsapur viilage sivar, Kodangal Mandal, (ii) Plot of the 2nd petitioner in an extent ot 2O2.22 Sq.Yards (52feet x 35 feet) within the specific boundaries on East Plot of Golla Mogulamma West Burial Ground, North 12 feet road and South Remaining land of the Vendor, in Sy.No.6/A2, situated at Parsapur village sivar, Kodangar Mandar, vikarabad District, without issuing any notice and without acquiring the same by issuing a notification, as iilegar, ,ioLtion of principles of naturar justice and iontrary to the specific provision'contained under Right to Fair compensation and rransparence in Land Acquisition, Rehabilitation and Resetflement Act, 2013 in; consequenfly oirllr ine Respondents not to undertake any work in the prots of the petiti'oners without following due process of law "iuitrr.y, lA NO: 1 OF 20 18 Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petitibnJ tne High court may o" pi""."0, pending disposar of the writ petition direct the Respondents not to undertake tne work of measurements, digging for the purpose of construction of oHSR Tank or any other work, in the house prots of the peiitioners viz. (i) prot or tne rJ petr'tioner ld^i"::yring 235.11 Sq.yards (46 x +6 feet) within the specific boundaries on trasr uofla pakrrappa plot; west: Remaining land of Vendor, North: plot of Golla Mogulamma and South: tl.jeg! qoa!, in Si.tto.OtRZ situated at earsapur viitage sivar, Kodangar Mandar, (ii) prot of the 2nd petitioner in an extent of 202.22 Sq Yards (S2feet x 35 feeQ within the specific'boundaries on East prot of Go[a Mogulamma; west: Burial Ground; North: 12 feet road and south Remalning lana of the Vendor, in Sy No.6/A2, situated at earsapui vittage sivar, roaanjii rvra"nJar Counsel for the petitioners: SRt. K VENKATESH GUPTA counsel for the Respondent No.1: cp FoR pANcHAyAT RAJ RURAL DEv Counsel for the Respondent NOs2 & S: Gp FOR REVENUE Counsel for the Respondent Nos.3&4: cp FOR IRRIGAT|ON The Court made the following: ORDER HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITIoN No.3O97 8 of 2Ol8 ORDER: This writ petition is filed seeking the following prayer:_ -plot -plois _"declaring the action of the Respond.ents particutartg of tte Respondent Nos.4 and. S in indertaking tne uorl iy measurements 1y_l_ ligging fo, the pufpose of construction of OHSR Tank in th.e l.nuse of ttte q1tligners uiz (i) of tLrc 1st petitioner id.measuring 235.11 Sq yards uithin th.e ipectfic boundaies on East:Golla pakirappa plot Weit:Rimaining land. of Vendor North:plot of Golla Mogulamma and Siuth:12 feet road in Sg No.6/.A2 situated. at parsapur uiilage iiuar Kodangal Mandal (ii)ptot of tte 2nd. petiiioner in an extent o! 202.22 Sq yards tuithin tLe spectftc boundaries on East:Plot of Golla Mogulamma- Wist:Burial Ground North-l2 feet road and SoutfuRemaining land of the V-:ndor in Sg.No.6/A2 situoted, at parsapur uillage siuar Kodangal Marudal Vikarabad Distict u-,itiiout issiing any notice and uithout acquiing the same ng bsuing i notification as illegal arbitrary uiolation oy pAnapteZ oy natural justice and contrary to the speiific priuisions contained under Right to Fair Cimpensatian and. Trartsparence in Lqnd Acquisition Rehabititation an-d Resettlement Act 2O 13 and. consequenttg d.irect the Respondents not to unde_rtake any tuork ii the plots of the petitioners uithout follouirLg die proess of latu."
2. The case of the petitioners is that they claim to be owners of subject properties respectively acquired by way of registered sale deeds bearing Nos.559 and 560 of 2orz d,ated. 06.04.2017 registered in the Offrce of Sub_Registrar, Kodangal. Further case is that, on OZ.O3.2OI1, respondent Nos.4 and 5 without issuing any prior notice to the petitioners came to the 2 land of the petitioners and started taking measurements and on enquiry, it was revealed that the said land is being acquired for the purpose of construction of Over Head Service Reservoir tank ald respondents would issue a notification to that effect. While so, on 23.08.2018, respondent Nos.4 and 5 came to the plots of the petitioner and started digging the plots for laying foundation stone. Aggrieved by the said action of respondent Nos.4 and 5, the present writ petition frled.
3. Today when the matter has been taken up for hearing, learned counsel for the petitioners submits that this Court uide order dated 29.08.2018 in I.A.No.1 of 20 18, passed the following order: o Without folloutng due process of law and paying compensation to the petitioner under Act 30 of 2013, the respondents shall not interfere with the possession and enjogment of tle petittoners ouer th.e subject property or undertake ang digging actiuitg there."
4. Learned counsel for the petitioners further submits that subsequent to the interim order dated 29.O8.2018, the respondent authorities are not interfering with the petitioners' peaceful possession over the subject property. 3
5. Recording the above submission and without expressing any opinion on the merits of the case, this writ petition is disposed of directing the respondent authorities to follow due process as contemplated under law before initiating action on the subject property.
6. Accordingly, this writ petition IS disposed of Miscellaneous applications, if any pending, shall stand closed. No order as to costs. //TRUE COPY// SD/-AHMED ABDULLAH KHAN SSISTANT REGISTRAR SECTION OFFICER llfiJrli:falsecretary' Panchavat Rajand R I I Development, Secretariat, To, t
2. The District Collector, Vikarabad Diskict. , . Jllr rar[?J[y3,Eng ineer, Rura r Water S upp ty a nd San itation, Vikarabad, Jil,ffi.j:,il1u!:p,n.". RuratWater Suppty and sanitation, Kodansat, State of Telangana. [OUT]
5. The Tahsildar, Kodangal Mandal, Vikarabad Diskict. 6. One CC to SRt. K VENKATESH GUpTA Advocate [OpUC] 7. Two CCs to Gp FOR PANCHAYAT RAJ RURAL DEV,High Court for the 8. Two CCs to Gp for Revenue, High Court for the State of Telangana at 9. Two CCs to Gp for IRR,GATION, High Court for the State of Telangana at 0. Two CD Copies Hyderabad. [OUT] Hyderabad. [OUT] - '- '-' - 'lL ur 1 KKS BS l I ,1-: ,,1 1 "-.j ,,'/ -. -.---t>. \ ' (); 0 JUL ilCtti:' 1 \\ c1 \.-..;. \\*'\\ ''- - - ' _-..i: - ' -. .::-' i.--_- .? i,) HIGH COURT DATED:28 t04t2025 ORDER WP.No.30978 of 2018 DISPOSING THE WRIT PETITION WITHOUT COSTS aLtlo lar