High Court · 2025

THE HONOURABLE SRI JUSTICE K. SARATH WRIT PETITI ON NO: 2436 0F 2012 Between: Khammam

1. Kotha Ramadevi, Wo Late Srinivasa Rao' Housewife Rotary Nagar' 2. ii;th;'ii;;i Teja, Sio late srinivasa Rao, 5. ii;iii; rjtiisrii, olo tate siinivasa Rao student Rotary Nasar' Khammam . ;. ii;iil; nrrvir, Wo tate simujsiva Rao Housewife Rotary Nagar' Khammam ...PETITIONERS Rotary.Nagar' .Khammam -student AND 1 2 3 4 5 o 7 B. o 10 TheGovernmentofAndhraPradesh,repbyitsSecretaryRevenue Department, Secretariat, Hyderabad' i;5"6;;;;;;i';f-A",ii;-Fiaoesn, [ep .bv. its secretary' Municipar Administration Department, Secretariat Hyderabao' fhe Obtrict Colleitor, Khammam District, Khammam The Joint'Collector, Khammam District, Khammam The Revenue Divisonal Officer, Khammam iii; i;i;il;;-r, ki,i**r* Urban [t/landal, Khammam District' Khammam KH;;;H Ni;,i-piiltv' n"p ov- itt-'Commissioner' Khammam District' Khammam iiil"Viirrrr."r,mi, Wo Bhikshamaiah, Housewife R/o H No 10-4-1 't0/6' lrrf amltiioudem. Khammam, Khammam District . . . ^ ili: ii;1'"il;;;"iil;: S/; Vee'aiar', R/o H'No 10-6-18/c Burhanpuram' Khammam District. ItI. Naoa Sashidhar, S/o Mallikarjuna Rao, Pvt employee Plot No 102' Central towerl Balajinagar, Wyra Road. Khammam Drstrrct' ...RESPONDENTS Petition under Article 226 ol 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 of mandamus or any other appropriate Writ' order or direction declaring the impugned action of Respondents '1 to 7 in not disposing the representations of the Petitioner dated 12 01 '201 2 and 24 'O1 -2012 in ils proper perspective and even without initiating anyland acquisition proceedings' trying to lay road in the private property of the Petitioners covered by I a I 'u..4i.. '* * i. ,' I {r o { o.S.No.B27l2005 on the file the rAddr. Junior civil Judge court, Khammam, without following due process of law as illegal, arbitrary and viorative of principles of natural justice etc. and consequenfly direct the Respondents 1 to 7 to dispose therepresentations of the petitioner dated 12.o1 .2012 and 24.01.2012 and not to take any coercive steps and also to cause written notice to the petitioners rn respect of any action in respect of petitioners rand admeasuring 323.44 Sq.yards insy.No 136 of Burhanpuram Revenue Viilage, presenfly within the rimits of the 7th Respondent bounded by- East 30 feet road west- Vacant site bronging to Respondent 8 to 10 North- site of Budigem Veeraiah now possession of his purchasers South- House Sri R. Muralidhar Rao, Advocate l.A. NO: 1 OF 2012 WPMP. NO : 3031 OF 2012) ( Petition under Section 15i 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 Respondents not to dispossess the petitioners from their rand admeasuring 323.44 Sq.Yards in sy.No.'136 of Burhanpuram Revenue Village, presently within the limits of the 7th Respondent bounded by: East 30 feet road; West: Vacant site blonging to Respondent B to 10; North. site of Budigem Veeraiah now possession of his purchasers; south: House sri R. Muraridhar Rao, Advocate including raying of any road thereon, pending disposar of the above Writ Petition Counsel for the Petitioner: SRl. N V ANANTHA KRISHNA Counsel for the Respondent Nos. 1,3,4,5,&6: Smt. S. SRAVANTHI, AGP FOR REVENUE counsel for the Respondent No. 2: Gp FoR MUNCTpAL ADMN & URBAN DEV Counsel for the Respondent No.7: SRI E VENKATA REDDY (SC FOR KMC) Counsel for the Respondent Nos. 8to10: SRI KOWTURU PAVAN KUMAR The Court made the foilowing: ORDER I I a I , THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.2436 of 2OL2 ORDER: Heard Sri N.V.Anantha Krishna, learned Counsei appearing for the petitioners, Smt. S.Sravanthi, learned Assistant Government Pleader for Revenue appearing for offrcial respondents and Sri Kowturu Pavan Kumar, learned Counsel for unofficial respondents and perru.sed the entire material on record.

2. Learned Counsel for the petitioners submits that the petitioners questioning the action of the respondent Nos. 1 to 7 in not disposing the representations of the petitioners dated 12.O1 .2012 and 24.O1.2OL2 in its proper perspective and even without initiating any land acquisition proceedings, trying to lay road in the private property of the petitioners covered by O.S.No.B27 l2OO5 on the h1e of I Additional Junior civil Judge Court, Khammam, without foliowing due process of 1aw. I o SIT,J W.P.No.2436 of 20 l2

3. Learnerl Counsel for the petitioners further submits that while admitting, this Court granted interim orders on

01..O2.2O12 directing the respondents not to dea-l with the property in question in aly manner whatsoever and the said interim order was extended until further orders on

17.02.2012. Thereafter, the petitioners as r.vell as the cor-rtesting respondents filed different suits and appeals and ultimatellr filed S.A.No.333 of 2023 before this Court and the said Second Appeal was dismissed in favour o[ the petitioners on 2O.O2.2O24. In view of the same, requested to direct the u nofficiai respondents not to interfere with the possession of the petitioner, without following due process of 1aw.

4. Learnei Assistant Government Pleader lor Rerrenue and learned counsel for the unofficial respondents have not disputed with the submissicn made by the learned counsel for the petitioners with regard to the suits, appea-ls and also disposal of S.A.No.333 of 2023, dated 2O.O2.2O24 and requested to pass appropriate orders. ( sx,J w.P.No.2436 ol2072

5. In view of the submissions made by both sides, the writ petition is disposed of directing the respondent Nos.1 to 7 not to interfere with the possession of the petitioners in' the subject property, without following due process of 1aw. If the respondents walt to acquire the land of the petitioners, they have to follow the procedure under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 20 13. There shall be no order as to costs.

6. As a sequel, the miscellaneous petitions pending, if any, shali stand closed. KAR .il .a To, ,Q //TRUE COPYI' CTION OFFICER 1 The Secretary, Government of Telangana' Revenue Department' Secretariat' : +i9";{119;t;,, covernment of Telansana ' Municipal Administration ; ffsi{'.,jEgff "i6*d,3i'r'**1nx'" i lf#fltj"#?tr-ffiffi F#ffiffi $it+x* -,, ilt,;;$!$.gf'ilrfu #ffi,s''##$frt+Jt$*3)?"uh"'iii B IVI BS , I 4 + l! t * t I HIGH COURT DATED:1 810812025 ORDER WP.No.2436 of 2012 r-: a:-- --.= ''K'""i:"i - : :r .) ) 130[T M \rr \1'l-':'^'' \_---,1--- i'-( j'1 1)' -tt ,,;' DISPOSING OF THE WRIT PETITION WITHOUT COSTS /7 . /-z- o /15 * / ,+. €