1. Eshwaraiah v. The State of Telangana

Counsel for the Petitioners: SRI S. GOUTHAM Counsel for the Respondents: ADDL ADVOCATE GENERAL WRIT PETITION NO: 42926 OF 2022 Between: K.Bathukaiah, S/o. Maldhakantaiah, Aged about 65 Years, Occ Rl/o. leerja Village and Mandal, Gadwal District. Agriculture ...PEI ITIONER AND 1 The State of _Telangana, Represented by its Principal Secretary, lrrigation Department Secretariat, Saifabad Hyderabad Telangana State. 2 3 The District Collector, Gadwal, Jogulamba Gadwal District (Former Mahabubnagar District), Telangana. The_Special Deputy Collector LandAcquisition, Jawahar Lift lrrigation Project (JLIP)Gadwal, Jogulamba Gadwal District, Telangana. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction especially in the nature of writ of mandamus declaring the action of Respondent Nos. 2 and 3 in not disposing of the applications dated 1811212013 filed by the Petitioners U/s 18 of the Land Acquisition Act, 1894 as illegal arbitrary and violative of Article 3004 of the constitution of lndia and consequenfly to direct the Respondent Nos. 2 and 3 to refer the applications filed by Petitioners under section 18 of Land Acquisition Act, 1894 to the civil court for determination of the correct value of the compensation for the lands held by the Petitioners acquired for the purpose of formation of SDY3/SM7R of Jawahar Lift lrrigation Scheme Project covered under Award No 6212013 dated 18112/2013 on File No A1/03/13 passed by the Respondent No.3 lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased To direct the Respondent Nos. 2 and 3 to consider the applications dated 18.12.2013 filed by the Petitioner under the Section 18 of the Land Acquisition Act, 1894 and take appropriate action. Counsel for the Petitioner: SRI S. GOUTHAM Counsel for the Respondents: ADDL ADVOCATE GENERAL WRIT PETITION NO: 42932 OF 2022 Between:

1. G.Karre Basappa, S/o.Adirappa Aged about 62 years, Occ. Agriculture Rl/o. leeja Village and Mandal,Gadwal District.

2. Kurra Raju, S/o.Ayyanna, Aged about 36 years, Occ. Agriculture Rl/o. leeja Village and Mandal, Gadwal District.

3. Mekala Yenkanna, S/o.Govindhu, Aged about 72 yea$, Occ. Agriculture Fl/o. leeja Village and Mandal, Gadwal District.

4. Mekala Radhamma, W/o.Govindhu Aged about 42 years, Occ. Agriculture Rl/o. leeja Village and Mandal, Gadwal District.

5. Mallaiah, S/o.Ayyanna Aged about 59 years, Occ. Agriculture Rl/o. leeja Village and Mandal, Gadwal District.

6. Manne Dareshahmed, S/o.Darshalli Aged about 52 years, Occ. Agriculture Rio. leeja Village and Mandal, Gadwal District.

7. Bathukanna, S/o.Naganna Aged about 62 years, Occ. Agriculture Ffo. leeja Village and Mandal, Gadwal District. AND 1 2 The State of Telangana, Represented by its Principal Secretary, lrrigation Department Secretariat, Saifabad Hyderabad Telangana State. The District Collector, Gadwal, JogulambaGadwal District (Former Mahabubnagar District), Telangana. ...PETITIONERS I Y 3' The Special Deputv coileclor Land- Acquisition, Jawahar Lift rrrigation project (JLIP)Gadwat. JogutambaGadwat Oistrt-ci, ief unginu. 4 Mekala Radhamma, Wo.Govindhu Age! about 42 years, Occ. Agriculture R:/o. teeja Viilage and Mandat. CaOwal Ois'in:Ji' '- ...RESPONDENTS Petition under Articre 226 0f the constitution of India praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ or order or direction especiafiy in the nature of writ of mandamus decraring the action of Respondent Nos. 2 and 3 in not disposing the applications dated 't 1112t2o13 filed by the petitioners u/s .lg of the Land Acquisition Act. 1894 as iilegar arbitrary and viorative of Articre 300A of the constitution of rndia and consequenfly to direct the Respondent Nos. 2 and 3 to refer the applications fired by petitioners under section 1g of Land Acquisition Act, 'l894 to the civir court for determination of correct varue of the compensation for the lands held by the petitioners acquired for the purpose of formation of SDy-3 of Right Main canar Lift rrrigation Scheme project covered under Award No.42 12o13 dated 19/1 112013 in Fire No. A1r4}4to7 passed by the Respondent No.3. lA NO: 1 OF 2022 Petition under section 1s1 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased to direct the Respondent Nos. 2 and 3 to consider the apprications dated 11.12.2o,r3 riled the Petitioners under the Section iB of the Land Acquisition Act, 1894 and take appropriate action. Counsel for the Petitioners: SRI S. GOUTHAM Counsel for the Respondents: ADDL ADVOCATE GENERAL WRIT PETITION NO:42941 oF 2022 Between:

1. Vijaybhaskar Reddy, S/o.Venkat Reddv d;:&;41i,..'hj;: reeja virase and Mandai, 58 years, o,Sln?t, "*nfj

2. P.Venkatanna, S/o.Siddanna Aged about 54 years, Occ. Agriculture Fi./o Village and Mandal, Gadwal District.

3. Veeresh, S/o.Paguntta Aged about 38 years, Occ. Agriculture R/o Village and Mandal, Gadwal Distdct.

4. Chandra Shekar Reddy, S/o.Rami Reddy Aged about 49 Occ. Agriculture Rl/o. leeja Village and Mandal, Gadwal District. Years,

5. R.Sreenevasulu, S/o.Maddilaty Aged about 45 years, Occ. Agriculture Rl/o. leeja Village and Mandal Gadwal District. ,..PETITIONERS AND ,| 2 3 The State of Teiangana, Represented by its Principal Secretary. lrrigation Department Secretariat, Saifabad Hyderabad Telangana State. The District Collector, Gadwal, JogulambaGadwal District (Former Mahabubnagar District), Telangana. The Special Deputy Collector Land Acquisition, Jawahar Lift lrrigation Project (JLl P)Gadwal, JogulambaGadwal District, Telangana. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction, especially in the nature of writ of mandamus declaring the action of Respondent Nos. 2 and 3 in not disposing the applications dated 1111212013 filed by the Petitioners U/s 'lB of the Land Acquisition Act, 1894 as illegal arbitrary and violative of Article 3004 of the Constitution of lndia and consequently to direct the Respondent Nos. 2 and 3 to refer the applications filed by Petitioners under section 'tB of Land Acquisition Act, 1894 to the civil court for determination of correct value of the compensation for the lands held by the Petitioners acquired for the purpose of formation of SDY-3 of Right Main Canal Lift lrrigation Scheme Project covered Award No.39/2O13 dated 2011112013 in File No. 41130113 passed by the Respondent No.3. 1A NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased To direct the Respondent Nos. 2 and 3 to consider the applications dated 1111212013 filed the Petitioners under the Section 1 8 of the Land Acquisition Act, .1894 take appropriate action. Counsel for the Petitioners: SRI S. GOUTHAM Counsel for the Respondents: ADDL ADVOCATE GENERAL WRITPETITION NO: 42945 OF 2022 Between:

1. Vakilinti Maddileti, S/o. Sunkanna,4Sg-!+ Yrs, Occ. Agriculture, R/o. leeja Village and Mandal, Jogulamba Gadwal District, Telangan:- SO91Z7.

2. Gandla..Karrebasappa, S/o. Adhivappa, Age. 62 yrs, Occ. Agriculture, Rl/o. leeja Village and Mandal, Jogulamba Gadw-al District, Telangan-a- SO912l. 3. Mekala Govindu, S/o. Mekala Yenkanna, Age. 52 yrs, Occ. Agriculture, Ryo. leeja Village and t\,4andal, Jogulamba Gadwa-i District, Telangan;- SOgj27 4. Kinkiri Govindu, S/o.. Hanumanthu, Age. 50 Yrs, Occ. Agriculture, Rl/o. leeja Village and Mandal, Jogulamba Gadwal District, Telangana- SO912Z

5. Nagamma, W/o. Late Benjamin Age Q5 Yrs, Occ. Agriculture, Rl/o. leeja Village and lvlandal, Jogulamba Gadwal District, Telangaia- SO112T ...PETtTtONER(S) AND 1 2 3 The State of-Telangana, Represented by its Principal Secretary, lrrigation Department Secretariat, Saifabad Hydeiabad Telahgana Stata The District Collector, Gadwal, Jogulamba Gadwal District (Former Mahabubnagar District), Telangana The Qpecial Deputy Collectg L.anq 4cquisition, Jawahar Lift lrigation project (JLIP) Gadwal, Jogulamba Gadwal District, Telangana .., RESPONDENTS 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 a writ or order or direction especially in the nature of writ of mandamus declaring the action of Respondent Nos. 2 and 3 in not disposing the applications dated 1111212013 filed by the petitioners U/s 18 of the Land Acquisition Act, 1894 as iltegal arbitrary and violative of Articte 3004 of the constitution of lndia and consequenily to direct the Respondent Nos.2 and 3 to refer the applications filed by petitioners under section 1g of Land Acquisition Act, 1894 to the civil court for determination of correct value of the compensation for the lands held by the Petitioners acquired for the purpose of formation of SDY-3 Right Main Canal covered Award No 53412013 daled 1610312013 in File No A11484107 passed by the Respondent No.3. lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent Nos. 2 and 3 to consider the applications dated 111121201,3 fned the Petitioners under the Section 18 of the Land Acquisition Act, '1894 and take appropriate action. Counsel for the Petitioners: SRI S. GOUTHAM Counsel for the Respondents: ADDL ADVOCATE GENERAL WRIT PETITION NO: 43152 OF 2022 Between:

1. R.Srinivasulu, S/o.Thimmanna Aged about 76 Years, Occ. Rl/o. leeja Village and Mandal, Gadwal District.

2. Babu, S/o.Eddula Venkatramulu Aged about 65 years, Occ Rl/o. leeja Village and Mandal, Gadwal District. Agriculture Agriculture ...PETITIONERS AND 1 The State of Telangana, Represented by its'Principal Secretary, Irrigation Department Secretariat, Saifabad Hyderabad Telangana State. 2 3 The District Collector, Gadwal, JogulambaGadwal District (Former Mahabubnagar District), Telangana. The Special Deputy Collector Land Acquisition, Jawahar Lift lrrigation Project (JLIP)Gadwal, JogulambaGadwal District, Telangana. ...RESPONDENTS 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 a writ or order or direction especially in the nature of writ of mandamus declaring the action of Respondent Nos.2 and 3 in not disposing the, applications dated 1 111212013 filed by the Petitioners U/s 18 of the Land -r Acquisition Act, 1894 as illegal arbitrary and violative of Article 3004 of the Constitution of lndia and consequently to direct the Respondent Nos. 2 and 3 to refer the applications filed by Petitioners under section 18 of Land Acquisition Act, 1894 to the civil court for determinaiion of correct value of the compensation for the lands hetd by the Petitioners acquired for the purpose of formation of SMSR/SDY3 of Jawahar Lift lrrigation Scheme Project covered Award No.2'l /2013 dated 08/10/2013 in File No. 41/30/13 passed by the Respondent No.3. lA NO: 1 OF 2022 Petition under Section '151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent Nos. 2 and 3 to consider the applications dated 11.12.2013 filed the Petitioners under the Section 1 B of the Land Acquisition Act, 1894 and take appropriate action. Counsel for the Petitioners: SRI S. GOUTHAM Counsel for the Respondents: ADDL ADVOCATE GENERAL The Court made the following: COMMON ORDER 1 Y' THE HON'BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION Nos.42923, 42926 429 32.4294L.4 945. 43152 0F 2022 2 COMMON ORDER: ' Heard learned Counsel for the petitioners, learned Assistant Government Pleader attached to the office of Additional Advocate General appearing for respondents and perused the record.

2. The case of the petitioners, in brief is that, not being satisfied with the compensation awarded under the Award dated

07.10.2013, the petitioners have filed application dated

11.12.2013 with the respondent authorities on 16.0l.2Ol4 seeking reference to Court under Section 18 of the Land Acquisition Act, lB94 (for short 'the ActJ for proper determination of compensation; and that inspite of petitioners submitting applications, the respondent. authorities have failed to make reference of the Court in respect of the petitioners lands acquired for the purpose of .Jawahar Lift Irrigation Scheme Project, which action of the respondent authorities it is contended is highly illegal, arbitrary and contrary to th€ provisions of the Act.

3. Counter-affidavit on behalf of rcspondents is liled. / l

4. By the counter-affidavit, the respondents have contended that though the Award is dated O7.lO.2Ol3, the same was pronounced on 12.12.2013 and as such the petitioners could not have prepared the application on 11.12.2013 i.e., even before the award was pronounced.

5. By the counter-affidavit, it is further contended that the acquittance register maintained by the respondent authorities does not indicate the receipt/ submission of the application by the petitioners seeking reference to Court under Section 18 of the Act and, as such, the claim of the petitioners of they having approached the respondent authorities and submitting the application seeking reference to Court under Section 18 ol the Act cannot be accepted as valid and proper.

6. I have taken note of the respective contentions urged.

7. A perusal of the application submitted by the petitioners under Section 18 of the Act though bears the date as ll.l2.20l3, the seal and signature of the authorities affixed thereon shows the same as having submitted on 16.O1.2014.

8. Though the respondent authorities by their counter- affidavit dispute the claim of the petitioners having submitted the aforesaid application, on the ground that the acquittance register maintained by the said respondents does not have any ,) entry of its receipt, it is to be noted that the said register is maintained by the respondents themselves and the petitioners have no control over its maintenance or to verify as to whether the respondent authorities on receiving the application have made an entry therein or not.

9. Further, it is aiso to be noted that the appiication filed by the petitioners is in relation to package No.106 of the said scheme. A perusal of the acquittance register as placed before this Court along with the counter-affidavit shows the respondent authorities having received similar applications from other awardees seeking reference to Court under Section 18 of the Act. Though the respondent authorities have claimed that the petitioners did not submit any application under Section 18 of the Act on 16.01.2O14, as corresponding entry is not found in the register, the genuineness of seal affixed or of the signature is not disputed nor anything is stated in the counter-affldavit as to whether any action has been initiated to enquire into the matter and the action taken thereon.

10. Further, it is also to be noted that even assuming that the petitioners did not submit the application on the date as \ contended by the respondent authorities, still the petitioners had an opportunit5i to file application under Section 28A of the 1, 4 Act seeking re-determination, upon the reference being answered by the Court in respect of similarly placed claimants during the year 2019. However, the petitioners did not choose to avail the opportunity conferred by the Act. Instead the petitioners continued to claim of having submitted application under Section 18 of the Act on 16.01.2014 and the respondent authorities having failed to make reference to the Court for determination of the amount of compensation. I 1. Thus, this Court is of the view that the claim of the petitioners of having submitted application on 16.OI .2014 appears to this Court as acceptable piece of evidence, contrary to the claim of the respondents by their counter-affidavit.

12. For the aforesaid reasons, this Court is of the view that the respondent authorities are to be directed to make reference of the application submitted by the petitioners as filed in the Writ Petition within a period of sk weeks from the date of receipt of a copy of the order.

13. Subject to the above direction, these Writ Petitions are disposed of. No costs. Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. //TRUE COPYII SD/-MOHD. ISMAIL ASSISTANT REGISTRAR / 't SECTION OFFICER To, 1 \ The Principal Secretary, The State of Telangana, Irrigation Department Secretariat, Saifabad Hyderabad Telangana State. Y \

2. The District Collector, Gadwal, JogulambaGadwal District (Former Mahabubnagar District), Telangana. (JLIP)Gadwal, JogulambaGadwal District, Telangana.

3. The Special Deputy Collector Land Acquisition, Jawahar Lift lrrigation Project 4. One CC to Sri S. Goutham, Advocate IOPUC] 5. Two CC to The GP for Additional Advocate General of lnida, High Court for ' the State of Telangana, at Hyderabad[OUT]

6. Two CD Copies TJ GJP $ / I HIGH COURT \ DATED:2210112025 ( o t) 1HE:lT{ r4' 0 3 FiB 2025 ,t ( I o .l. .* i)l ,sPATC * f COMMON ORDER WRIT PETITION Nos. 42923, 42926, 42932, 42941, 42945,43152 0F 2022 DISPOSING OF ALL THE WRIT PETITIONS WITHOUT COSTS 6)co P"\<