SRl v. vs RAMA KRISHNA

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 the writ, order or direction more particularly in the nature of Writ of MANDAMUS by declaring the Form-Vl Notification issued in proc.No.Gl/475012025 dated 19.09.2025 by the 2nd Respondent in so far as the land to an extent of 1300 Square yards, situated in Sy.No.84, 86/U and B6/EE in Vattimarthy Village, Chityala Mandal, Nalgonda District belongs to the petitioners as illegal, arbitrary, violative of principles of natural justice and also violative of Articles 14,21 and 300-4 of the Constitution of lndia and apart from being violative I of the provisions of The Right to Fair Compensation and Tte nsparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and co r ;equently set aside the same in so far as the petitioners' property is concerned att I further also direct the respondents to include the correct physical features of the schedule property such as the land to an extent of 1300 Square yards, situatec in Sy:No.84, B6/U and B6/EE in Vattimarthy Village, Chityala Mandal, Nalgondrr District apart from treating the land as industrial land. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circr mstances stated in the affidavit filed in support of the petition, the High Court may stay of all further proceedings pursuant to the pr() dated19.09.2025 by the 2nd Respondent in so far as the land t Square yards, situated in Sy.No.B4, B6/U and B6/EE in \ Chityala Mandal, Nalgonda District belongs to the petitioners, ; re pleased to grant ;.No.G11475012025 r an extent of 1300 attimarthy Village, ending disposal of the above Writ Petition in this Hon'ble Court. Counsel for the Petitioner: SRl. V. V. RAMA KRISHNA Counsel for the Respondents: SRI SOMU SRINIVAS REDDY AGP FOR REVENUE (LAND,a:QUrSrflON) The Court made the following: ORDER ,|\ ,,0 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.36341of 2o25 Dated: 2A.LL.2025 Between: Jorrigal lJma Cg) Uma Maheswari ald alother. . . . Petitioners AND The State of Telangana, represented by its Principal Secretary, Department of Revenue (Land Acquisition), Dr.B.R.Ambedkar Telangana State Secretariat, Hyderabad and others. ... Respondents ORDER: Heard learned counsel for the petitioners and Mr. Somu Srinivas Reddy, learned Assistant Government Pleader for Revenue (Land Acquisition) appearing for the respondents. With their consent this writ petition is taken up for disposal at the admission stage it self. 2 This writ petition is filed seeking following prayer:- "...declaing the Fonn-VI Notification issued in Proc.No.Gl/4750/2025 dated 19.O9.2025 bg the 2"4 Respondent insofar as the land to an extent of 13OO Square gards situated in Sy.No.84, 86/U and 86/EE in Vattimarthg ViUage, Chitgala Mandal, Nalgonda Distict belongs to the petitioners as illegal, arbitrary, uiolatiue of pinciptes of matural justice an'd also uiolatiue of Articles 14, 21 and 3OOA of the 2 \= Constitution of India and apart from being u the prouisions of Tle Right to Fair Compen::t Transparency in Larud Acquisition Rehabilitr Resettlement Act, 2013 and consequentlA se1 same insofar as the petitioners propertg is : and Jurther also direct the respondents to irt correct phy sical features of the schedule proTt as the land to an extent of 13OO Squct, situated iru Sy.No.B4, 86/U and 86/EE in Vo Village, Chityala Mandal, Nalgonda Districl plot) apart from treating the land as industial tlatiue of '.tion and tion and rcide the rncermed :lude the rtg such e yards timarthg (subject land..."

3. The facts of the case in brief as stated are that petitioner No.1 claims to be absolute owner ol subject plot pi rchased in the year 2OO9 along with one Rachakonda Andalu rlde registered sale deed bearing Doc.No. ll22O of 2OO9 datc I to.t2.2009. Subsequently, the said Rachakonda Andalu releas,r d her share in the property and executed release deed uide Doc.l\ r .5309 of 2O2O dated 10.03.2020. Subsequently, petitioner No.J established a small scale industry in the name and style of ,Si, Li Hard Board Reel Industry' in the said property which wa; approved by Vattimarthy Gram Panchayat after paying reqt.i site fee. It is further submitted that in the year 2024, petitione... No.1 had sold a portion of shed situated in Sy.Nos.84, B6/U, 86/EE to an extent of l2O sq.yds., to petitioner No.2 and the I ,etitioners are the aforesaid small scale industry. t is further runnlng , I 3 submitted that on 19.09.2025, respondent No.2 issued a notification uide Proc.No.Gl/4750 /2025 dated L9.O9.2025 published ln Nalgonda District Gazette Extraordinary No.57 dated 19.09.2025 for acquiring land to arr extent of Ac.33-O4 /+ gts., for the Udaya Samudram Left Canal Lift Irrigation Scheme. As per the said notification, the entire property of the petitioners falls under acquisition. On2I.lO.2025, respondent No.3 issued a public notice uide File No.ClaSl2023 dated 21.1O.2025 intimating that a Gramasabha will be conducted on 04.1L2O25 calling for the objections from petitioners and other land losers. Accordingly, petitioners have attended the said Gramasabha ald submitted their representation/ Objections by enclosing all the required documents requesting the authorities to consider the case of the petitioners. Earlier, petitioner No.1 had made a representation dated 07.O8.2O25 to consider for fixation of the compensation for the petitioner's property which is commercial in nature and that a running industry is in existence. Since no action is forthcoming, the present writ petition is frled

4. Learned Assistalt Government Pleader has placed a copy of instructions issued by Special Deputy Collector,, R&R&LA, Unit- II, Nalgonda and wouid submit that respondent authorities have examined the ropresentation received from the petitioner 1n YI - 4 Gramasabha and in the said application it is rrL, 'ntioned that the subject land has been. purchased through rale deed dated . : {.. -.1,.,

05.12.2024 in sq.yds., basis, whereas, there is r o evidence/proof submitted by the petitioner with regard to t ALA conversion However, requested the authorities to consider L r Sq.yds., ald as per commercial value instead of Agricultur:L land rates for payment of compensation. It is further submitt ed that, as seen from record, the petitioner is enjoying the and in sq.yds., without having any official land conversion (l\ ALA) documents and therefore, the said request of the petitioner i r sq.yds., cannot be considered

5. Per contra, learned counsel for the petitio rer submits that petitioners have also made objections dated 04.1 7.2025, which is pending for consideration.

6. Recording the submissions made by earned counsel appearing on either side, this writ petition is disl osed of directing the respondent Nos.2 and 3 to consider the ot1 :ctions made by the petitioners by following due procedure as coi- templated under law and thereafter pass appropriate orders -iv giving a fair opportunity of hearing to the petitioners. / 7 5 7 . With the above directions, this writ petition is disposed of Miscellaleous applications, if any pending, shall stand closed. No order as to costs SD/- P.C. SULEKHA DEVI SISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. The Principal Secretary, Department of Revenue ( Land Acquisition), state of ' i"6igin:i br.e. n.nm'beokbr Telangana State Sdcretariat, Hvderabad' 2. The District Collector, Nalgonda District at Nalgonda' 3. The Special Deputy collector, RandR and L.A.Section, Nalgonda District at Nalgonda.

4. The Tahsildar, Nalgonda Mandal, Nalgonda District' 5. One CC to SRI V. V. RAMA KRISHNA, Advocate [OPUC] 6.TwoCCstoGPFORLANDACQUlSlTlON,HighCourtfortheStateof Telangana at Hyderabad . [OUT]

7. Two CD Copies D PVL o\ I I HIGH GOURT DATED:2811112025 ORDER WP.No.36341 ot 2025 I o l \\I: STAI E L gJ \N 2$6 L) '1, a ':i''':'2' DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,t