The High Court found two writ petitions challenging land acquisition proceedings to be infructuous because the respondent authority had already passed an award which remained unchallenged by the petitioner.
Both Writ Petitions No.41876 of 2022 and No.205 of 2023 are dismissed; pending miscellaneous petitions are also dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[32s61
IN THE HIGH COURTFORTHE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
THURSDAY, THENINTHDAYOF MARCH TWO THOUSAND ANDTWENTY THREE
PRESENT
THE HONOURABLE SRIJUSTICE MUMMINENI SUDHEER KUMAR
WRIT PETITIONNos.41876 OF 2022 AND 205 0F 2023
WRIT PETITION NO:41876 OF 2022:
Between:
GarlapatiDevaiah,s/oJacob,agedaboutT5years,Occ:Agiiculture'Rio [.r.ro.-r -tz-z7aii , StreetJambi(unla,Post.MedakTown, Medak District
...PETITIONER
AND
...RESPONDENTS
Petition underArticle 226 of the constitutionof lndia prayingthat in the circumstancesstatedin the affidavit filedtherewith, the High court maybe pleasedtoissueanappropriatewrit,orderordirectionpreferablyoneinthe nature of writ mandamusdeclaring the impugned Preliminary Notificationund.er iri" trl of rute 19 andsection-1.t lt1of tne Act, 39 of 2013 vide proceedingNo. c1l,ti4gt2122, dated21l1gt2122issued by the District CollectorMedak (RespondentNo'2)foracquiringtheagriculturallandofthepetitionertoan Lxtent of Ac.0.35 et..in sy.No.78/1/1 , situaledat Aurangabad village,Haveli 6h;;p;; UanAat,Medak District for the constructionof District Police Office t;itdifu at Medakas itlegat,arbitrary, unconstitutional andcohtraryto law and agains[theprinciplesof naturaljustice and consequentlyto quashthe same.
IANo;10F 2022
Petition under section151 CPC praying that in the circumstancesstated intheaffidavitfiledinsupportofthepetition,theHighCourtmaybepleasedto li"V inl impugnedpreliminary Notification under.Rule (1) of rule 19 an-d-section- ir'trl of'tn6 Act,30 Of 2013 videproceedingNo. c11154912O22,dated Zl KiS7ZOZZ issued bythe District Collector Medak (Respondent No.2) for
acquiring the agriculturalland of the petitioner to an extentof Ac.0.35 Gts.,in S,]flo. TAlf lf ,Iituated at Aurangabad village, Haveli Ghanpur Mandal' Medak District for the constructionof District Police Office buildingat Medak.
lA NO: 2 OF 2022
Petition under section151 CPC praying that in the circumstancesstated intheaffidavitfiledinsupportofthepetition,theHighCourtmaybepleasedto impteaO: 1) Stateof Telangana, rep. by its Prl..Secretary to Government,-loj"" oJprrtr"nt, secretariatbuitdings, Hyderabad _(RequisitioningAuthority) (2) The Srierint"nA"ntof police,Medai district (beneficiary)As respondents4 and 5 in the above writPetitionas they are proper and necessary parties for the adjudication of theWrit Petition.
WRIT PETITIONNO:205 OF 2023
Between:
Garlapati Devaiah,S/o Jacob, aged-about75. years,O-cc: Agricuture,Ri/o n. r.lJ.-r -r z-Zel1, StreetJambikunta,Post.Medak Town. Medak District
...PETITIONER
AND
...RESpONDENTS
Petition under Article226 of the constitution of lndiaprayingthat in the circumstances statedin the affidavit filedtherewith, the High court may be pleased to issue an appropriatewrit, order or directionpreferablyone in the nature of writ mandamusdeclaringthe impugned declarationissued under iection 1g(1) ofRight to Fair compensation and Transparency in Land Acquisition, RehaoilitationandResettlementAct,2013by the .Respondent No.2 videproceeding No.G1/1 549 t2O22dated05t1212o22 and signed by Respondent t',to. i to 5 for aiquiringthe agricultural land of the petitionerto an extent of Ac-o .35 Gts., in Sy.No.7811/t, situatedat Aurangabad village, Haveli Ghanpur Mandal, Meda[ Districtfor constructionof District Police Office at Medakas illegal, arbitrary, unconstitutionaland againstthe provisions of sub-sectionof (1) (Z) of seciion 19 and section 41of the saidAct and Rule 25 of the Right to "ni, Fair dompensation andTransparencyin Land Acquisition, Rehabilitationand Resetflement Rules, 2014and againstthe principles of natural justiceand consequently toquash thesame.
7l
lA NO:'t OF 2023
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 to stay the impugned declaration issued under section 19 (1) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 by the Respondents No.2 vide proceeding No. G11154912022 dated 0511212022 and signed by Respondent No. 3 to 5 for acquiring the agricultural land of the petitioner to an extent of Ac. 0.35 Gts., in Sy.No. 78/1/1 , situated at Aurangabad village, Haveli Ghanpur Mandal, Medak District.
lA NO: 2 OF 2023
Between:
...RESPONDENTS
AND
Garlapati Dgvaiah. S/o Jacob, aged about 75 years, Occ: Agricuture, R/o H.No. 1-12-2lBl1, Street Jambikunta, Post.Medak Town. Medak District
...PETITIONER
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 to vacate the interim orders dated: 2710112023 passed in lA No. 1 of 2023 in Wp No. 205 of 2023.
lA NO: 3 OF 2023
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 to extend the interim direction passed by this Hon'ble court dated 0710212023 directing the Respondents not to take any coercive steps against the petitioner till the disposal of the writ petition in the interest of justice.
I /,t
7
lA NO:4 OF 2023
Petition under section 1s1 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to permit the petitioner to file the copy of Gazette publication dateo 3o/oi/zota ano his caste certificate dated 08/03/201g as additional material papers in the above writ petition in support of his case in the interest of justice.
Counsel for the Petitioners in both: SRI RAPOLU BHASKAR
Counsel for the Respondents in both: Gp FOR LAND ACQUISITION
The Court made the following: COMMON ORDER
THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR IVRIT PETITION Nos.41876 OF 2o22 AND 2OS OF 2o23
COMMON ORDER
The subject matter of these two Writ Petitions is pertaining to acquisition of land admeasuring Ac.O.35 gts., situated in Sy.No.7S/ 1/ 1 of Aurangabad Village, Haveli Ghanpur Mandal, Medak District and as such both the matters are being disposed of by this common order.
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2
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to undertake any futile exercise by examining the matter on rnerits and deal with various contentions raised by the learned counsel for the petitioner in these Writ petitions.
As a sequel, miscellaneous petitions, pending if any in these Writ Petitions, shall stand dismissed. No costs.
SD/- N. CHANDRA SEKHAR RAO ASSISTANT REGISTRAR
//TRUE COPY//
SECTI FFICER
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To,
I I
HIGHCOURT
DATED:0910312023
COMMONORDER
WP.No.41876of 2022 & 205 of 2Q23
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DISMISSING THE WRIT PETITIONS WITHOUT COSTS
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2 issues framed by the court
Whether the High Court can examine the merits of land acquisition proceedings where the final award remains unchallenged.
Whether Writ Petitions challenging preliminary notifications and declarations remain maintainable after the award is passed unchallenged.
2 provisions across 1 enactments
Garlapati Devaiah
State of Telangana
Mummineni Sudheer Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
