High Court · 2025

Petition under Article 226 of the Constitution of lnd ia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order, or orders, direction or issue a writ more particularly one in the nature of writ of Mandamus, (i) Direct the respondents herein by pay the compensation to the acquired land of the petitioner to the total extent of 9 1/4 guntas situated in Sy.No.4 of Garmilla village, Mandal Mancherial, District Mancherial pursuant to the Award passed by the Respondent No.2 vide Proc.No.A"/19912022 dated. 30-03,-2024, (ii) Consequently declare the action of the respondent No.2 in not paying the compensation and in the absence of any dispute referring the said Iand acquisition matter to the Land Acquisition, Rehabilitation and Resettlement authority Hyderabad under section 76 of the Act 20'13 through Letter vide Rc.No.tu199/2022 dated. 18-08-2025 is illegal, arbitrary, violative of Article 14, 21 , 300-A of the Constitution of lndia and as well as Section 76 of the Act 2013. lA NO: 1 OF 2025 Petition under Section 15'l CPC praying that in the circrumstances stated in the affidavit filed in support of the petition, the High Court ma,/ be pleased to pass an order directing the respondents herein by pay the compensation to the acquired land of the petitioner to the total extent of I 12. guntas situated in Sy.No.4 of Garmilla village, Mandal lvlancherial, District Mancherial pursuant to the Award passed by the Respondent No.2 vide Proc. No.1r,119912022 dated. 30- 03-2024, pending disposal of main W.P. in the interest of Justice. Counsel for the Petitioner : SRI S.CHANDRASEKHAR Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.33499 of 2025 ORDER IIeard learned counsel for the pctitioner and learned Govcrnment Pleader for Land Acquisition appearing for respondent Nos.1 to 3. With their conscnt, the writ petition is being taken up for disposal at the admission stage itself

2. this writ petition is filed seeking the following prayer "(i) to direct tlrc respondents lrcrein by pay the compensntion to the ncquired lanrl of tlrc petitioner to the total extent of 9 1/4 gttntns situated in Sy.No.4 of GnrmiLLa aillage Mandal, Mnncherinl District, MancherinL, pursuant to the Aruard prcsed by tlu: Respondent No.2 oide Proc No.A/199/2.022 dated 30.03.2024 (ii) to dc.clnre tlrc nction of the respondent No.2 in not ytoying tlr contpcnsation nnrl in tlte nbsetrce of tny dispute referring tlrc stid lnnd ncquisition matter to the Lnnd AcEtisition Rehnbilitation tnd Resettlemcnt nuthorihl, Hydernbati, under section 76 of tlu Act 20'L3, through Letter aide Rc.No.A,499p.022 dated -18.08.2025 illegal, arbitrnry, aiolatioe of Article 14, 21, 300-A of the Constitution of lndia and as ruell as Section 76 of tlu Act, 2013."

3. Brief facts stated in this writ pctition are that the petitioner clairns to be the onner and possessor of land admeasuring to an extcnt of 17 guntas, situated in Sy.No.4 of Garmilla Village Mandal, Manchcrial District, having accluired the same through registered sale deed bearing document No.1654 oi 1997 c'lated 73.06.1,997. It is further submitted that earlier Sri.Yenaganclula Shankaramma and Adirnulan Srinivas, names were wrongly mentioncrl in pattadar column of Sy.No.4 of Garmilla Village and aftcr issuing notice to thc concerued persons and after conducting enquiry, the Tahsilclar, Mancheriai, 2 through proceeding bearing No.ROR/Garmllla/87 /2017 rlated 05.01.2018, recorded petitioner's name in the revenue records and issur:d patttadar pass book in favour ol' the petitioner. The case of the petitionel is that in the 1,s2r' 2077, the South Clentral Railways, acquired land admeasulirLg to an extcnt of Ac.6.5 guntas of (larmilla Village Mandal, Mancherial District, for the purpose of construction of new railway track in betwcen Rahav.rp rram-Peddampet and Mancherial-Mandamarri railway stations. Thcreaf ter. respondent No.2 issued declaration under Section 19(1) of Right to Fair (}rmpensation and Transparcncy in l-and Acquisition, Rehabilitation and Rest, .lement Act,2013 and the same was published in Tclugu Daily news papc- t:ide collector file No.C2/75/2077 clatcd 03.07.2017. Further case of the petit oner is that in the said acquisition, petitioncr's lancl admeasuring to an extcrl of 9-1/4 gtntas was acquired in the year 2017, however, till date no compensation is paid to the petitioncr. Hence, petitioner filed W.P.No.29370 of 2022 arld this Court oide interim order datecl 22.09.2022, directed the respor-rdents tnerein to initiate fresh acquisition proceeding uncler the proriision of ;\ct, 2013 and pay compcnsation to the petitioner. However, when the responrlcnts thercirr failcd to comply the order dated 22.09.2022 in W.P.No.29370 of 2QZ, petitioner filed C.C.No.1304 of 2023 and the same is pending. It is further submitted that on

06.09.2022, preliminary notification was issued and rcsponcl:rLt No.2 requested the railrt ays to deposit the compensation amount and the sa n- e was deposited.

4. Learned counscl for the petitioner submits that on 20 07.2023, petitioner made rcpresentation before respor-rtlcnt No.2, stating that he has purchased thc , J subjcct lancl in the vear 7997 and after conducting enquiry, the Tahsildar, Manclrerial, through proceec{ing bearing No.ROR/Garmilla / 87 / 2077 datcd

05.01.2018, mutated petitioner's name in the revenue records and pattadar pass book, title deed were also issued in petitioner's favour and inspite of thc samc, wlrilc passing award in proceeding bearing No.A/ 799 / 2022 dated

30.03.2024, respondent authorities in the place of petitioner's name, have recorded thc names of dead person i.e., Sri.Kandi Bhumakka, Sri.yenagandula Shankaramma and Adimulan Srinivas.

5. Lcarned counsel for thc petitioner further submits that inspite of the clarification givcn by the petitioner, the respondent No.2, undcr Section 76 rcad w.ith Section 37 (2) of the Act 2013, issued notice bearirrg Rc.No.A/ 199/ 2022 dated 78.08.2025, wherein the petitioner was informed that the matter is referred to the Land Acquisition, Rehabilitation and Resettlement Authority, at office of the presiding officer, LARR Authoritv, CCLA Officc premises, Narnpally, Hyderabad, for deciding the dispute of pavment of compensation amount. Aggrieved by the same, this writ petition is filecl.

6. Learnccl Covernment Pleacler for Land Acquisition appearing for respontient Nos.1 to 3 submits that since the respondent No.2 hacl alreadt referred thc matter to the LARR Authority, the petitioner ought to haYe approachetl the LARR Authoritl, and would have submitted the relevant documerrts arrcl eviclence in support of his contentions. I 4

7. At this stage, lcarncd counsel for the petitioner prar this (.ourt to grant liberty to petitioner to approach the LARR Authority antl ssr[n1i1 the relevant documents and Pray this Court to direct the concerned.r.t roritv to consider the petitioner's case ancl pass orders in a time bound perior

8. Recording the submission macle bv learned counsol .rppcaring on either side and without expressing any opinion on the merits (rl the case, this writ petition is disposcd of granting liberty to the petitioner kr aPproach the LARR Authority anr-1 submit the rclevant documcnts/evident.r u.t support of his contentions, within a pcriocl of two (02) wccks from tht, tl rte of reccipt of a copy of this ordcr and thercafter, thc I-ARR Authoriry is ,rircctcrl to considcr. the pctitioner's case and aftcr issuing notice to the conccrr-i.rr parties and after giving a fair opportunity of hearing to alt the conccrnt,cl trarties, the LARR Authority, shall pass orders strictly in accordance with lau, ,.s expeditiously as possible, preferalrly, within a period of six (06) rveeks frorrr rre date of receipt of petitioner's do<:uments ancl communicate the same to tho r)ctitioncr.

9. With the ;rbo'"'e dircctions, this r.vrit pctiti()n clisposecl of Miscellaneous applications, if any pcncling, sl-rall stand clo*,., Nrr order as to SD/- L,VIJAYA LAXMI ASSiII}TANT REGISTRAR //TRUE COPY// SECTION OFFICER The Principal Secretary, Revenue .Department (Land Ac o risitron) Department, Secretariat. Telangana State , Hyderdbad. The Land Acqursition officer cum Revenue Divisionar olicer, Mancheriar, District Mancherial. The Tahsildar, Revenue Mandal, Mancherial, District M: ncherial. One CC to SRI S.CHANDRASEKHAR, Advocate. [OpUJ To, 1 2 3 4 7 \

5. Two CCs to GP FOR LAND ACeUISITION, High Court for the State of .Telangana. [OUT]

6. Two CD Copies. BSK PSK HIGH COURT DATED:0611112025 \ \ CC TODAY -.2-I:lli:,** ,.\ \lr:;i..i,..]\s - tld\. .ril1,\ "' 'a, !.: ;l ,.. .,',, i. .'.' ',11" 'it llolJ 206 ..lji::,-t:; -i:"- --. -..- -, \.) ... :-' I I I,r ,':,- il .i:" ..,1 -, -. )' "'..i \\. + 'i. ORDER WP.No.33499 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS q