Anemoni Ramesh v. 1. The State of Telangana

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 writ or order or directions especially one in the nature of writ of Mandamus declaring the action of the Respondents that, without following proper procedure as per The Right to Fair Compensation and Transparen-y in Land Acquisit ion, Rehabilitation and Resettlement Act, 20'13 and without provid ing livelihood acquiring the petitioner's tand and simply forcing to sign on form' (c) Rule 16 document and drrecting to handover the petitioner's agricultural land of admeasuring Ac 1-06 Gts in survey No 9/15/A/, Ac 0-28 Gts in survey 9/16/fu, Ac 1-33 Gts in survey gtlTtAl & Ac 0-34 Gts in survey 9l29lN, total admeasuring Ac 1':,7'..: ;,.;;L1'3t';,1..'-':' 4-15 Gts, situated at Thimmaipally village, kandukur Man: rl, R.R. District for Establishment of lndustrial Park in favour of TSIIC Limite c by respondents is illegal, arbitrary and violate the Article 14 and 300-4 of cor r titution of lndia and besides being opposed to the principles of natural jur; ce and direct the respondents arrange the livelihood (land instead of iand). lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the cr ( Lmstances stated rn the affidavit filed in support of the petition, the High Court r: y be pleased to stay the acquire the petitioner's agricultural land of admeasuring I c 1-06 Gts in survey No 9/'1 5/A/, Ac 0-28 Gts in survey 9116l{l , Ac 1-33 Gts n survey 9l17lAl & Ac 0-34 Gts in survey 9/29lAl , total admeasuring Ac ,l 15 Gts, situated at Thimmaipally village, kandukur lr,4andal, R.R. District i r Establishment of lndustrial Park in favour of TSIIC Limited until dispose of th( vrit petition. Counsel for the Petitioner: SRI K. MALLIKARJUN Counsel for the Respondents: SRI SOMU SRINIVAS RED I /, AGP FOR LAND ACQUISITION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.V,SHRAVAN KUMAR WRIT PETITION No.33943 of 2o25 a=) ORDER: Heard learned counsel for the petitioner and Sri.Somu Srinivas Reddy, learned Assistant Government Pleader for Land Acquisition appearing for respondent Nos.1 to 5. With their consent this writ petitron is taken up for disposal at the admission stage itself.

2. This writ petition is filed seeking the following prayer:- "to declare the action of the Respondents that, u.tithout follouing proper procedure as per The Right to Fair Compensation and Transparencg in Land Acquisition, Rehabilitcttion ond Resettlement Act, 2013 and u.tithout prouiding liuelihood acquiring the petitioner's land and simplll lorcing to siqn on fonn (c) Rule 16 document and directing to handouer the petitioners ogicttltural land admeasuring Ac.1-O6 Gts in suruey No.9/ 15/A/, Ac.0-28 Gts in surueg No.9/ 16/ A/, Ac.1-33 Gts in surueg No.9/ 17/A/ and Ac.O-34 Gts in suruey No.9/29/A/, total admeosuring Ac.4- 1 5 Gts, situated at Thimmaipallg uilloge, kondukur Monda| R.R District for Establishment of Industnol Park in fauour of TSIIC Limited by respondents is illegal, arbitrary and uiolate the Article 14 and 3O0A of constitution of India and besides being opposed to tLrc pinciples of natural justice and direct the respondents arrange the liuelihood land instead of land."

3. Brief facts stated in this u,rit petition are that petitioner claims that his father late Medipalli Mallaiah, rl,as the owner and possessor of iand total admeasuring to an extent of Ac.4-15 Gts, i.e., Ac.1-06 Gts in survey No.9/15/Al , Ac.O-28 Gts in survey No.g/16/Al , Ac. 1-33 Gts in survey No.9/17 ll.l and Ac.0-34 Gts in survey No.9/29 ltt/ , situated at Thimmaipally village, kandukur Mandal, R.R District. The case of the peitotiner is that Gover;rment of Telangana (Revenue Department) have been taking steps to acquire the lands at Kandukur Mandal, Ranga Reddy District for establishment of indr-rstrial park in favour of TSIIC 2 limited. It is submitted that the Government had i.i rad5, purchased the lands in Kandukur Mandar, but now the Governr r:nt has decided to acquire morc land without following prol)( I procedure as contemplatcd trnder law. The main grievance of tht. rr:titioncr is that pctitioner had becn cultivating the subject Iand for I Lst sevcral years and other rhan the subject land, petitioner is nor I aving anv other land and that the rcspondent authori[ies u,ithout pr,vrcling altcrnate livelihood to the petitioner, are trying to acquirc thr, ;,:titioner,s land. Qucstioning thc szrme, the present u,rit petition is filc: 4. Learncd Assistant Governmcnt pieader I i :ccl on record instructions issued by Revenue Divisional Officer, li r r,lul<ur Division, wherein it is submtttecl that the LAO/Revenue L,risional ofhcer, Kanduku Division, Ranga Reddy, has submittecl rroposals under Section 11(1) of the Right to Fair Compensation anr Land Acquisition, Rehabilitation and Resettiement after referred as Act 30 of 2013) and the sarne was District Collector, Ranga Reddy and got publishc<l r Sakshi tclugu dail1. and Times of India on 12.03.2025. After publ r ation o[ Form_C Notification, a Gramasabha has been conductecl r the village on 19.O5.2025. Later the District Coilector, Ranga Redc., has conducted Negotiation Meeting with the land loosers on 15. 1O.2() 5 and explained the rules and regulations of the Act, market valur: particulars and amount payable to the land loosers. In the negotiat r rL meeting, land looscrs agreed for compensation,foi an amount of Il; J1,51,90t-r/_ per acre and one dcveloped plot @)121 Sq.yards pcr acre rl to 5 Acres as fransparency in \:t, 2O13 (herein rpproved by the w .,1.' 3 per ceiling aspect. After completion of negotiation meeting, 58 villagers have submitted their consent for acquisition and submitted the E-I and G-III forms.

5. Learned Assistant Government Pleader for Land acquisition furthcr submits that the respondent authorities have followed the procedure as prescribed under thc Act 30 of 20 13 and further submits that those who have given consent for thc acquisition, only their lands arc acquired for estabhshmenI of Industrial Park and those who have not given consent, their land r,r,ould not be acquired forcibly.

6. Per contra, learned counsel for the petitioner submits that the pctitioner did not accept the consent award and pray this Court to direct thc respondent authoritie s to follow due process of law before initiating any action on the petitioner's property. 7 . Recording the submissions made by learned counsel appearing on either side, without expressing any opinion on the merits of the case and since petitioner is not accep[ing to participate for consent award, this Court deems it appropriate to dispose of the writ petition directing the respondent authorities to follow due procedure as contemplated under law beforc initiating any action on the petitioner's property.

8. Accordingly, this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs. SD/- K.MADHAVI ASSISTANT REGISTRAR 6 SECTION OFFICER //TRUE COPY// To, The Principal Secretary of Revenue Department Secretariat, Hyderabad' /

1. _Deputy Collector, for land Acquisitir r ilnd Revenue [qnOq $e!{V District. At Kongara Katar rllage. TtleColtector. tDrahrmpatnam lVandal, R.R District The.Addrtional Collector, Ranga Reddy District, At Kon 1 ,ra Kalan vrllage, I brahimpatnam I\,4andal, R. R district lhg Special.Grade urvtstonal Offrcer. Kandukur Division. Ranga Reddy Di, r ,:t. The Tahsildar, Kandukur [\,4andal, Ranga Reddy Distric One CC to SRt K N/ALL|KARJUN, Advocate tOpUCI Two CCs to GP FOR REVENUE, High Court for the St,r : of Telangana at Hyderabad . [OUT] Two CD Copies 2 3 4 5 6 7 8 PN,TK 1'KS d- HIGH COURT DATED:1011112025 t I Y .;/ -. zl-€ O 1tr SI,{ I r .',! lil,r( * /> t --vt 1-<\ 2 C)I, _t+ t ORDER WP.No.33943 of 2025 DISPOSING OF THE WRIT-PETITION WITHOUT COSTS J.V q[rV .1::'f.5