Writ petition challenging rejection of land acquisition compensation for patta lands incorrectly classified as burial ground. Court set aside memo, directed award within 3 months and compensation payment within 1 month.
Impugned Memo set aside; direction to pass award within 3 months and pay compensation within 1 month.
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.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
WEDNESDAY, THE FIFTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR
WRIT PETITION NO: 24134 OF 2021
Between:
...PETITIONERS
AND
,..RESPONDENTS
Petition Under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the Memo of the 2nd respondent in his proceedings Rc.No. Bl2712016 dt. 3011212019 in not granting compensation to the petitioners in respect of Sy.No.s. 51812 lo an extent of Ac. 0.209ts, Sy.No. 518/2 to an extent of 3.26gts, Sy.No. 469/2 to an extent of Ac. 0.10 gts and Sy.No. 41212 to an extent of Ac. 0.2'1gts total to an extent of Ac. 4.37 gts situated at Aswapuram village, Aswapuram Mandal, BhadradriKothagudem District as illegal, arbitrary, unreasonable, violation of and Principles of natural Justice violation of Articles 14,21 and 300-4 of the Constitution of lndia and also violation of Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and set aside the same and consequently direct the respondents, particularly 2nd respondent to pay the compensation to the petitioners in respect of Sy.No.s. 51812 lo an extent of A,;. 0.20 gts, Sy.No. 51812 to an extenl of 3.26 gts, Sy.No. 46912 to an extent of Ac. 0.10 gts and Sy.No. 41 2/2 to an extent of Ac. 0.21 gts total to an extent of Ac.4.37gts situated at Aswapuram village, Aswapuram Mandal, Bhadradri-Kothagudem District.
l.A.NO:1 OF 2021
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 direct the respondents, particularly 2nd respondent to pay the compensation in respect of Sy.No.s. 51812 to an extent of Ac. 0.20 gts, Sy.No. 51812 to an extent of 3.26 gts, Sy.No. 46912 to an extent of Ac. 0.10 gts and Sy.No. 412l2 to an extent of Ac. 0.21 gts total to an extent of 4c.4.37 gts situated at Aswapuram village, Aswapuram Mandal, Bhad radri-Kothagudem District as per the Proceedings Rc. No. Bl1BB|202O dl 1611212020 of the 4th respondent to the 2nd respondent.
Counsel for the Petitioners : SRI.KIRAN REDDY MALLARAPU
Counsel for the Respondents : SRI.MUJEEB KUMAR / SPL GP FOR LAND ACQUISITION
The Court made the following ORDER
THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.24134 of 2O2L
ORDER:
Heard learned counsel for the petitioners, Sri Mujeeb Kumar, iearned Special Government Pleader for Land Acquisition representing learned Additional Advocate General appearing for the respondents.
notification issued by rr:spondent No.2 vide proceedings in Rc.No.(i/ 1+/2016, dated 25.01.2O17, and as well as in the declaration pubtished under Section 19 (1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, 'the Act, 20131. In spite of the same, while passing the award, respondent No.2 has erroneously omitted the said extents of lands on the ground that in the enjoyment survey, the said lands are stated to have been shows as burial ground, Naddi Nala etc., and the request of the petitioners is negatived, while passing the proceedings.
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Sri Mu.;eeb Kumar, learned Special Government Pleader, fairly submitted that the subjectlands forwhich thepetitioncrs are claiming compensation are in factpatta lands. But, in view of the enjoyment survey that was conducted, having taken note of the fact that the said lands are being put to use as burial ground, Naddi Nala, road etc., award was passed in respect of the subject lands. However, it is fairly admitted that the subject lands are patta lands and also stated that appropriate award need to be passed in respect of the said extents of lands.
,: /
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ensure that the compensation awarded is paid to the petitioners within a period of one (1) month from the date of passing of such
award. There shall be no order as to costs.
Miscellaneous Petitions, if any, pending in this writ petition
shall stand closed.
SD/- G. SIREESHA
ASSISTAN+.REGISTRAR //TRUE COPY// <.AD
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SECTION OFFICER
To
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HIGH COURT
DATED:1 510212023
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WP.No.24134 of 2021
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ALLOWING THE W.P
WITHOUT COSTS.
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3 issues framed by the court
Whether the High Court should set aside the Memo rejecting compensation claim for patta lands misclassified as burial grounds.
Whether the respondent must pass an award and pay compensation within stipulated timeframes.
Whether civil injunction under Section 151 CPC is required alongside the writ.
3 provisions across 3 enactments
Chennam Upender Rao and Ors.
State of Telangana, rep. by its Principal Secretary, Land Acquisition Department
Special Deputy Collector, Land Acquisition Sitarama Lift Irrigation Project
District Collector, Bhadradri-Kothagudem District
Tahsildar, Ashwapuram
Justice Mummineni Sudheer Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
