'l . Kola Laxminarayana v. The State of Telangana (lrrigation Dept)

1241A, 1181D and 118/C situated at copalraopalle, H/o-Mallapur (V), Gangadhara (M), Karimnagar District which are acquired for the purpose of excavating Minor 5R of Major 1 L/DL from Kodimial Tank to Fazrlnagar Tank Main Canal under Stage-ll, Phase-l of Sripadasagar Project (Yellampalli) as illegal, unjust and in violation of Articles 14 and 300-4 of the Constitution of lndia and consequently direct the respondents herein to refer the matter to the competent Civil Court U/s.18 of The Land Acquisition Act, 1894 for determination of compensation in respect of the petitioners above lands. l.A. NO:1 OF 2016(WPMP. NO: 108 83 0F 2016) 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 direct the respondents herein to refer the matter to the competent Civil Court Uis.18 of The Land Acquisition Act, 1894 for determination of compensation in respect of our lands in Sy,No's:111, '1 '19, 1241A, 118/D & 118/C situated at Gopalraopalle, H/o:Mallapur (V), (iangadhara (M), Karimnagar District pending disposal of the writ petition in the interest of justice, Counsel for the Petitioner : SRI JITHENDER RAO VEERAMALLA Counsel for the Respondent No.1 : GP FOR lRRl AND COMM AREA DEV Counsel for the Respondents No.2&3 : GP FOR LAND ACQUISITION The Court made the following: ORDER I HON'BLE SRI JUSTICE J. SREENWAS RAO WRIT PETITION No.8597 of 2OL6 ORDER: This writ petition is filed seeking the following relief: "...to issue an order / direction or any appropriate writ more particularly one in the nature of Writ of Mandamus declzrring the Memo / Lr. No.F/O4 12016 Dld, 19.02.2016 issued by the 3rd respondent refusing the petitioners' representation Dtd 31.12.2O15 to refer the matter to the competent Civil Court U/s i8 of The Land Acquisition Act, I894 in respect of the petitioners lands in Sy Nos. lll, I19, l24l\, I l8/D and llS/C situated at Gopalraopallc H lo Mallapur (V), Gangadhara (M), Karimnagar District which are acquired for the purpose of excavating Minor 5R of Major I L/DL from Kodimial Tank to Fazilnagar Tank Main Canal under Stage.II, Phase.l of Sripadasagar Project (Yellampalii) as illegal, unjust and in violation of Articles 14 and 300-A of the Constitution of lndia and consequently direct the respondents herein to rcfer the matter to thc competent Civil Court U/s 18 of The Land Acquisition Act 1894 for determination of compcnsalion in respcct of thc petitioners above lands and pass such othcr order/ s... "

2. Heard Sri G.Narayana, learned counsel, representing Sri Jithender Rao Veeramalla, learned counsel for the petitioners, iearned Assistant Government Pleader for lrrigation, appearing on behalf of respondent No.1 and the 2 learned Assistant Government pleader for Land Acquisition, appearing on behalf of respondent Nos.2 and 3.

3. Facts giving rise to filing of this writ petition briefly stated are that the petitioners are claiming that they are the owners ancl possessors of the agricultural lands to an extent of Ac.2-12 guntas in Sy.No. 1 1 l, Ac.2- l9 guntas in Sy.No.1 19, Ac.3-O9 guntas in S,v.No.l24lA . Ac.O-29 guntas in Sy.No.ll8/D, Ac.O-25 guntas in S-r..No. lt8/C and Ac.O-04 guntas in Sv.No. I 18/C respectively. Respondent No.3 initiated the proceedings exercising the powers conferred under the Lalrd Acquisition Act, 1894 (hereinafter referred to as 'the Act') and issued Notification under the provisions of Section a(1) of the Act, on 23.O4.2O1 I and 24.04.2O11 and, thereafter issued Declaration under the provisions of Section 6 of the Act on 25.O4.2O1l. Subsequcnrl_v Award u,as passed under Section 11(2) o[the Act on 15.ll.2Ol2. Thereafter the petitioners have submitted representation on 31.12.2015 before respondent No.3 requesting him to reler the matter to *re competent Civil Court for determination of the market value as the authorities au,arded meager amount. Respondent No.3 r,r,ithout properl_y .onsidering the a / I 3 representation submitted by the petitioners, issued the impugned memo/letter No.F/Oa/2016, dated 19'O2'2016 rejecting the claim of the petitioners. The action of respondent No.3 is contrary to the provisions of the Act'

4. Per contra, learned Assistant Government Pleader for Land Acquisition submitted that respondent No.3 passed the Award exercising the polr'ers conferred under Section 11(2) of the Act, with the consent of the petitioners. Hence, the I I petitioners are not entitled to seek reference under Section 18 of the Act.

5. This Court considered the rival submissions made by the respective parties and perused the material available on record. It is not in dispute that respondent No'3 while exercising the pou'crs conlerred under the provisions of the Act and with the consent ol the petitioners passed the Award on 15. ll.2}l2 under Section 11(2) of the Act. Hence, this Court is of the view that the petitioners are not entitled to seek reference under Section 18 of the Act and there are no grounds to interfere with the impugned memo rejecting the claim of the petitioners issued by respondent No'3, exercising 4 the powers ,;onferred under Section 226 ol the Constitution of India.

6. Accorctingly, the writ petition is dismissed. No order as to costs. Pending miscellaneous applications, if any, shall stand closed. To, //TRUE COPY' SD/- L. LAKSHMI BABU I'ANT REGISTRAR SI SECTION OFFICER

1. One CC to SRI JTTHENDER RAO VEERAMALLA, Advocate. [OpUC] 2. lwo CCs to GP FOR IRR|GAT|ON & CAD, High Court for the State of Telangana. [OUT]

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

4. Two CD Copies. u"* rhGJP ' sHt 14: o o r1 ?0 APB zoffi r * PA'I' * HIGH COURT DATED:0710212025 ORDER WP.No.8597 of 2016 DISMISSING THE WRIT PETITION WITHOUT COSTS (v q-ql,f,