Allowed

Shreenivas Muddu v. The Chief Secretary to the Government of Telangana and 4 others

Telangana HC17 Apr 2023WP/36768/2021

Case brief

AI extract

What is this about?

The High Court allowed a Writ Petition questioning the encroachment of patta land by the Respondents for road widening. The Court held that the action was illegal and arbitrary as no evidence supported the claim of voluntary relinquishment by the petitioner's ancestors. It directed the acquisition authorities to initiate proceedings under the 2013 Act within six months for the affected land.

What did the court decide?

Directed Respondents to initiate proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to acquire land in Survey Nos. 33 and

Shreenivas Muddu Vs The Chief Secretary to the Government… — Land Acquisition | Telangana HC (2023)

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[³²⁵⁶ ]

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HIGH COURT FOR THE STATE^{OF TELANGANA} AT HYDERABAD (Special Original Jurisdiction)

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MONDAY. THE SEVENTEENTH^{DAY OF APRIL} TWO THOUSAND AND N/VENTY^THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE MUMMINENI^{SUDHEER KUMAR}

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wRlT PETITION NO: 36768 OF 2021

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Between:

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Shreenivas Muddu, S/o Narahari, Age 47 years, Occupation ; Unemployed, R/o H.No^'13-43, Nadiveedhi. Manthani (Town Mandal), Peddapalli District, Telangana -505'l 84

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...PETITIONER

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AND

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The Chief Secretary to the Government of Telangana, Secretariat, Hyderabad.

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Piincipal Secretary to the Government of Telangana, Roads and Buildingi, Secretariat. Hyderabad

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District Collector, Peddapalli District.

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The Revenue Divisional Officer, Manthani, Peddapalli District, Telangan6.

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The Secretary, Ministry of Petroleum and Natural Gas, Government of lndia, Shastri Bhawan, New Delhi.

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...RESPONDENTS

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Petition Under Article 226 ot lhe Constitution of lndia^praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent, of^{encroachingthe} majority of my land in survey Nos. 33/A^(Ac 1.08 Guntas), 38/A^{(Ac 1.27 Guntas)} and 44lC^(Ac 0.30 Guntas), to a total extent of^{Ac 3.25 Guntasin Mallepalli} village of Manthani Mandal of Peddapalli district, for laying and widening^{of the} present Manthani-Ramagundam road, without following the laid procedure and by not paying any compensation as^per the rules in Land Acquisition^{Act I894} and the present inaction of the Respondent 2 by not adhering^{to the direction of} the Dist. Collector, Peddapalli to submit requisition^{for the acquisitionof lands} mentioned above, which deprive Economically Weaker^{Sections (EWS)} reservations to my family members^is illegal, arbitrary,^{unconstltutiona I, against} the principles of natural^justice and violation of Articles^{300-A, 14, 15,16 and 21} of the Constitution of lndia Consequentially,^{the Hon Htgh Court is prayedto} Consider this Writ Petition as^{a casefor deemed acquisitionand an urgent oneto} restore the^{eligibi\ityof my iamily membersto avail Economicallvweaker} Sections^{(EWS)reserv ations'}

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I.A.NO:1 OF 202'l

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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 consider my petition as a case for deemed acquisition and direct the Respondent 2 to immediately adhere to the dated 241212020 direction of the Respondent 3 to submit requisition for acquiring the land bearing survey Nos. 33/A^(Ac1.08 Guntas), 38/A(Ac^'1 27 Guntas) and 44lCl1^(Ac 0.30 Guntas), to a total extent of Ac 3.25 Guntas in Mallepalli village of Manthani lVlandal of Peddapalli district, the majority of which, is in the possession of the Respondent 2, as^per The Right to Fair Compensation and Transparency rn Land Acquisition Rehabilitation^and Resettlement Act, 2013, by remitting the amount of compensation^{for the land,} damages, interest and all the statutory benefits to the bank^accountof Respondents 3 and 4 Respondents 3 and 4 be directed to^completethe acquisition process within B weeks and restore the^{eligibility status of the} Petitioners family members to avail EWS reservations in^government employment and educational opportuⁿ ities.

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|.A.NO:2 OF 2021

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Petition Under Section 151 CPC^praying that in^{the circumstancesstated} in the affidavit filed in support of the^petitron, the High Court^{may be pleasedto} direct the Respondent 2 to^pay Mesne^profitsfor the^{illegal possession,crop} loss, damages along with interest for the land bearing survey^{No. 44lC (Ac.0 18} Guntas) acquired, for laying a canal and a culvert across^{the existingManthani-} Ramagundam road, in survey No. 44lCt1 OF IVlallepalli village,^{at a time, ri$vhen} the land was in the illegal possessron of Respondent^2.

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|.A.NO:3 OF 2021

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Petition Under Section 15'1 CPC^praying that in the circumstances^stated in the affidavit filed in support of the petition, ifre Higtr Court may^{be pleasedto} direct the Respondents 3 and 4 to immediately conduct a survey^{of the lands} bearing survey Nos.33, 38 and 44 in Mallepalli village of Manthani Mandal^of Peddapalli district, to demarcate the boundaries of the existing^Manthani- Ramagundam road along with the extents of the land of each of the existing title - holders in the aforesaid survey numbers and thereby determine the^{extent of} Petitioners land under the possession of the Respondent 2 in survey Nos. 33/A, 38/A and 44lcl1.

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|.A.NO:4 OF 2021

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Petition Under Section 1 51 CPC praying that in the circumstances stated in rhe affidavit fited in support of the petition, the High court may be pleased to direct the 3rd and 4th respondents to remove the nirrow'buttoci caiwaylrom Ma,epa,i vi,age to Nroqr."T village passing through survey.no.33/A, from the JXi:,t",J:';lfJ;:r"'.y'""p'rri"''rrIg",',1^rnJ'r.io way is derunct and its ff :':ilJ:""?H;;J#":;d#:e:,#;1.,*ji:,$"::ffi rit'f ,::T"T%,,&l[

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viir/

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I.A.NO:5 OF 2021

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Petrtion Under Section 151 CPC^praying that in the circumstances stated in the affidavit filed in support of the^{petition,the HighCourt may be pleasedto} direct the Respondent^{5, the Secretary, Ministryof Petroleum and Natural Gas,} Government of lndia^{to immediatelycomplete the due process for utilization of} the Petitioners^{land in survey No. 38/A of Mallepalli village,determine the extent} of land for its utility in^{the said} survey^{number and pay compensation for the} utilisation of the^land, as^{per law.}

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|.A.NO:6 OF 2021

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Petition Under Section 1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the^petition, the High Co.urt may be^pleased to direct the Respondent 2 to immediately pay an interim compensation of Rs.10,00,000 (Rupees ten lakhs only), towards the legal expenses and my immediate needs and for^paying all the^personal loans that I accrued, since the moment I am^pursuing this issue. from 2017 till date, setting aside everything and thereby losing all the income that lused to^get through my profession as an English Teacher and even missrng foreign opportunities for no fault of mine or my forefathers.

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I.A.NO:7 OF 2021

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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 respondent 2 to compensate Rs.'l ,00, 00,000 (Rupees one crore) to my family for making my family members undergo mental agony, backlash from all sides for^pursuing an unusual litigation and hardship of all kinds, financiat turbulence by all means, in these 4 years, for no fault of ours and our forefathers.

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Counse! for the Petitioner : SRI.Y.BALA MURALI

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Counsel for the Respondent No.1 : GP FOR GENERAL ADMINISTRATION

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Counsel for the Respondent No.2 : c.P FOR ROADS AND BU|LD|NGS

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Counsel for the Respondent Nos.3 & 4 : G.P FOR REVENUE

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Counsel for the Respondent No.S : SRI.GADI PRAVEEN KUMAR

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The Court made the following OROER

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THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITIoN No.36768 OF 2O2t

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ORDER:

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Heard Sri Bala Murali. Y, learned counsel for the petitioner, learned Government Pleadcr for Land Acquisition^and Sri Gadi Praveen Kumar, Iearned^{DeputySolicitorGeneral of India.} 2. This Writ Petition is {iled questioning the action^of respondent No.2 in encroaching^{intothe major portionof the land} of the petitiorrer situated^{inSy.Nos.33/A,38lA and 44lC} admeasuring Ac.1.O8^{gts., Ac.l.27 gts., and Ac.0.3Ogts.,} respectively of Mallepalli^{Village, Manthani Mandal, Peddapalli} District, for laying ancl^wiclening the^{road from Manthanito} Ramagundam, without following^{the procedure as required under} law and under the^{provisions ol the Land AcquisitionAct, 1894 (fbr} short'the Act, 1894J and^{also questioning the actionof respondent} No.2 in not complying with the directions^issued by^respondent No.3, as illegal and arbitrary. ..7 3. It is the case of the petitloner that he is the absolute owner of the subject land and a major, [ortion of the said land was occupied by respondent No.2 by forming a road therein. The peritioner claims to have succeeded to the said land from his father on his demise on 13. 12.2OlZ and it is also the case o[ the petitioner that his nzrflte has also been updated in the Rcvenue

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records, Dharani Porta.l and he^u'as also issued Digital Pattadar Pass Book vide Pass^{Book No.T20O6OIOO447 vide KhataNo.602O9} covering the subject land. It is^{the further case of the petitioner} that on noticing the existence^{of the road} in^{the patta landbeing} claimed by the^{petitioner, petitioner approachedthe Mandal trgal} Services Committee, Manthani, and at^{the instanceof the said} Mandal I*gd Services Committec, respondent No.3^herein addressed a letter bearing Lr.No.Gl/1539 12019,^dated 24.O2.2O2O, requested the Exccutive Engineer, Roads^and Buildings Department, Peddapalli,^{to file recluisition proposals for} acquiring the patta land that^was occupied for the^{purpose of} formation of R&B road. But, respondent^{No.2 failed} to^{take any} further action for initiating appropriate acquisition^proceedings pertaining to the subject land and hence, the^petitioner approached this Court by^{frling the presentWrit Petitionseeking a} direction to the respondents^{to take steps for acquiringthe said} lalds and for payment of compensation.

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Though respondent No.4 herein hled counter^{affidavit, dated} O4.O7.2O22, this Court,^{havingfound the said counter affidavit} inadequate especially in the^{contextof the letter of respondent} No.3, dated 24.O2.2O2O, by^{an order, dated 05. 12.2O22, directed} respondent No.3 to file^{additional counter affidavit explaining the}

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status of the Iand situated in the said survey numbers and the said

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docket order reads as under:-

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'From a perusal of thc letter vrde Lr.No.Gl/1539/20I9 dared 24.O2.2O2O filed along lr.ith the Wnt petition, ir is noticed that the third rcspondent herein requested the Exccutive Engineer, R&B Department, peddapalli, to look into thc matter personally and to file the requisition for land sltuated in Survey Nos.33/A, 38/A and 44/C of Mallepalli Revenuc Village, Manthani Mandal, Peddapalli District. Unless and until t}re subject lands, whrch are the subjecr matter referred to abovc, are t}le private lands, the qucstion of the District Collector rcquesting the Executive Engineel. to submir a requisition for acquiring the subject lands does not arise. If the subject Iands are privalq: pq11a lands, it is not open for the respondents to lay road or take over the said land for laying road without following due process of law

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The counter affidavit nled by the sccond respondent proceeds as though the subjcct lands are not the private lands and that the road is existing since scveral dccades.

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In thc light of the abovc, the third rcspondenr is dirccted to frle addilional counter explaining rhe staLus of the land situated in Survcy Nos.33/A, 3g/A and 44 /C adrneasuring Ac. LO8, L27 and O.30 gts respccrively of Maltepaui Village, Manthani Mandal, Peddapalli Districr, with spccitic re[cr.encc to Lhe ownership of the said extent of land as shown in the revenue records and also with reference ro the possession by the next date of hearing.

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Post on t 5.12.2022. "

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In response thereto, respondent No.3 hled additional counter affidavit, dated 31. 12.2022. In the said additional counter affidavit, it is stated that the total extent of land in Sy.Nos.33, 3g and 44 is Acs. 11.17 gts., Acs. 12.24 gts., and Acs.3.O8 gts., respectively of Mallepally Village originally belongs to one Sri pithambar Rao and the grandfather of the petitioner herein Sri Muddu Rajaiah S/o Pullaiah was shown as pattadars as per the pahani for the years 1955-58 and thereafter, the name of the father of the petitioner namely Sri lvluddu Narahari S/o Rajanna was shown as pattadar. The father of the petitioner is stated to have sold an extent of Acs.9.O9 gts., in Sy.No.33 in favour. of the thircl parties Undet.

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various registered Sale^{Deedsand Sadabainamaand an extent of} Ac.0.34^{gts., is occupied by PWD road as per the Pahanies for thc} years 1998-99, 2006-07^{and 2007-O8'}

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Insofar as t1.e^{land situated inSy.No'38admeasuring} Acs.l2.24^{gts., is concerned,it is stated that out of the totai extent} of Acs.l2.24^gts., an^{extent of Ac.l.l2gts', was sub-divided as} canal as^per the 'supplementary^{Sethwar'and the remainingextent} of Acs. 1 I^. 12^gts. ,^{was mutated in the nameof the father of the} petitioner and ttre father of the^{petitioner sold the entire extent in} favour of the third^{parties except an exte nt of Ac.l -27 gts , which} was occupied by the^PWDroad.

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Insofar as the land situated^{inSy.No.44 admeasuring} Acs.3.08 gts., is^{concerned,it isstated that an extent of} Ac.1.1440^gts., was taken^{over from the fatherof the petitioner} being a surplus land under^{the provisions of the AndhraPradesh} Land Reforms (Ceiting on^{AgriculturalHoldings)Act, 1973 (for} short 'tlre Act, 197 3) and out of the said^{extent an extent of} Ac.0.2O gts., was assigned to Smt.^{Budidi Mallammaand the} remaining extent is covered^{by PWDroadand the balanceextent of} land Ac.1.34^gts., out of^{Acs.3.08gts., an Award was passedfor an} extent of Ac.O. 18 gts., in^{favour of the father of the petitioner} herein and the same^{was acquiredfor 'excavation of R2 Iof link} canal from RSB to^{LSB of D/83 from M.No.2/0to 3/0'. Thereby,}

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the father ol the petitioner was left with an extent of Ac. 1 . l 560 gts. It is further stated that the lather of the petitioner under registered Sale Deeds, dated 17.10.19g8, sold an extent of Ac.1.20 gts., in favour of the third parties and thus, the entire land standing as patta in the name of the father of the petitioner stood exhausted. 8. Thus, from the counter affidavit, it is evident that the iand in Sy.Nos.33, 38 and 44 admeasuring Acs. ll.17 gts., Acs. 12.24 gts., and Acs.3.O8 gts., respectively are the patta lands standing in the name o[ the father of the petitioner herein and out of the said extent of patta liind an extent of Ac.0.34 gts., in Sy.No.33, an extent of Ac.7.27 gts., in Sy.No.38 and an extent of Ac.O.3440 gts., in Sy.No.44 was occupied by the pWD road, which is a ceiling surplus land.

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g. In the additional counter afhdavit, it is also stated that the father and grandfather of the petitioner herein voluntarily left the land situated in Sy.No.33 and 38 for the purpose of laying and widening of the road from Manthani to Ramagundam and by leaving the said land only the remaining land was sold by the father of the petitioner. To that effect, the registered Sale Deeds executed by the father of the petitioner and also reflecting the existence of road and as such the petitioner herein is not entitled ro claim any compensation in respect of the iand which was volunrarily left by his Ilather for the purpose of road irr question. It '.\

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is further stated^{that during the land recordsupdationprogramme} the Revenue^{authorities withoutverifyingthe physical status of thc} land in question,^{the land in Sy.Nos.33, 38 and 44 was erroneously} updated on the^{name of the petitioner on Dharani Portaland} Pattadar Pass Book-cum-Title^{Deeds wasissued in favour of the} petitioner and they need to be^recti{ied.

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lO. Though the Writ^{Petitioner filed a reply aflidavitin response} to the additional counter^{affrdavit filed by respondent No.3, no} serious claim is^made in^{respectof the land situatedin Sy.No.44} and the learned counsel^{for the petitioner also submitted that the} petitioner is not pressing the Writ Petition insofar as the land situated in Sy.No.44 is concerned.^{Hence, no fur[heradjudicatiort} need be done in respect of the said extent of land.

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Along with additional counter affidavit, respondent No.3 also Iiled a statement of Encumbrance Certilicate showing the registered SaIe Deeds executed by the father of the^petitioner and from the said statement of Encumbrance Certificate, it is evident that the land sold by the father of the petitioner is adjacent to the existing road and the road is shown as one of the boundary in almost all the registered documents executed by the father of the petitioner. Thus, it is contended by the respondents that the petitioner is not entitled for payment of any compensation and

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there is no necessity to acquire the said land that is occupied by the PWD road.

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As alreadv noted hereinabove, the subject land is admittedly a patta land through which a public road is formed and put to use. Admittedly the said land which is occupied by the pWD road is not acquired by the respondents though it is contended that the same was voluntarily left by the father and grandfather of the petitioner herein. But, no material is placed on record evidencing such consent or voluntary act on the part of father and grandfather of the petitioner her.ein. In the absence of any material in respect of all such contentions of the respondents such contention cannot be accepted. Once it is admitted that the subject land is patta land originally standing in the name of the father and the grandfather of the petitioner hercin, any action on the part of the respondents in depriving the petilioner from possession and enjoyment of the said extent of land is totally arbitrary and illegal besides being unconstitutional.

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As already noted hereinabove, respondent No.3 herein through his letter dated 24.02.2020, requested the Executive Engineer, Roads and Building Department, peddapalli, to submit requisirion proposals for the purpose of acquiring the land which is occupied by the pWD road. Respondent No.3, having addressed such a letter, in the year 2O2O, filed additional counter affidavit

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contending that there is no^{suchnecessity to acquire the said} extent of land.

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Right to^{property is guaranteedunder Article 300A of the} Constitution of India^{and any attempt to deprive such property of} the citizen is required^{to be done by following the due processof} law. No Authority or State^{is entitledto deprivethe citizen of his} property unless a due^{process is followed.In the instant case,} though it is contended that^{the land in question is given voluntarily} by the father and^{grandfatherof the petitioner herein, there is no} material filed in respect of such^{contention.In the absence of any} such material being brought on^{record and in the causeof the} admitted fact that the subject^{land is standingin the nameof the} petitioner, this Court is left with no other option except to^{held that} the action of the respondents in not initiating^{steps for paymentof} compensation in respect of the land by^{the PWD road,as illegal} and arbitrary

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In the circumstarces, the Writ Petition is^{allowedand the} respondents are directed to initiate appropriate^proceedings for acquiring the land situated in Sy.Nos.33 and 38^admeasuring Ac.0.34 gts., and Ac.l.27 gts., occupied by PWD road by initiating appropriate proceedings under the Act, 20l3 and^concludesuch proceedings within a period of six months from the date of receipt of a copy of this order.

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i6. It is made clear that this Court has not expressed any opinion on the right and title of the petitioner over the subject land and once the sarne is notified for acquisition, it is open lor all the persons interested to make a claim for payment of compensation in respect of the sutrject land.

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As a sequel, miscellaneous petitions, pending if any in this Writ Petition, shall stand closed. No costs.

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SD/- P. CI.I. NAGABHUSHAMBA ASSISTANT REGISTRAR

i/TRUE COPY//

{ SECTION OFFICER

The Chief Secretary to the Government of Telangana,^Secretariat, Hyderabad.

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The Principal Secretary to the Government of^{Telangana,Roadsand} Buildings, Secretariat, Hyderabad

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The District Collector, Peddapalli District.

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The Revenue Drvisional Officer. Manthani,^{Peddapalli District, Telangana.} 5. The Secretary, Ministry of Petroleum and Natural^{Gas,Government of lndia'} Shastri Bhawan New Delhi.

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