Allowed

Nomumla Mohan Reddy (Died as per LRs Petitioners 4 to 6) v. The Tahsildar

Telangana HC18 Dec 2024WP/14088/2010

Case brief

AI extract

What is this about?

Petitioners sought protection of a residual Ac.0-09 guntas plot in Sy.No.166 left after Lower Manair Dam land acquisition, as respondents tried to dispossess them for IKP godowns. Revenue records showed mutation, pattadar passbooks and title deeds issued to petitioners; award records confirmed the plot was never transferred to PWD. The court declared interference illegal and allowed the writ petit

What did the court decide?

Respondents barred from interfering with petitioners' possession of Ac.0-09 guntas in Sy.No.166 without following due process; any future acquisition must be under the 2013 Act; no costs.

Nomumla Mohan Reddy (Died as per LRs Petitioners 4 to 6)… — Land Acquisition | Telangana HC (2024)

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[³³⁰² ]

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

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WEDNESDAY,THE EIGHTEENTH^{DAY OF DECEMBER} TWO THOUSAND^{AND TWENTY FOUR}

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PRESENT

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THE HONOURABLE^{SRIJUSTICE K. SARATH}

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WRIT PETITIO^{N NO: 14088 OF 2010}

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Between:

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1 . Nomula Mohan^{Reddy(Died as per LRs Petitiolgrs} 1^{t9 6), S/o.Late Rajaiah}

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Agiiculirie^{Ryo. Elegaid'Village and Mandal- DistrictKarimnagar'}

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Z. 'f.i6m-umia Raji Redty, Slo."Ramaian Agriculture Fl/o. Peechupalli Mandal, Chiourumamidi. Karimnaqar^District.

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il;;i; s;s;tir..i,^{Wo. t-at" Venkat Reddv Housewife Rl/o' Laxmipur} 4 lvlandal. itlffi;E Jaotial. District^{-ei';"i"ini,-} wl"^{Karimnagarlate" Mohan Reddv, aged 68 vears'occ'} iiomemaXEr,-R/o^{Et'egaid-viliage and Mandal, PeddapalliDistrict (erstwhile} Karimnaoar District).

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s i'ii'iiiiii"rrlr['"nJ"i^{n"oov, s/o late lilohan Reddv,ased 52 ve?rs, gqg'} " ;i;;ffifu;;, nl'o-El"gjii-'"illase and Mandal Peodapaiti District (erstwhile Karimnagar District).

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Karimnagar District).

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o. Nomijii"srinivas^{Reddv,S/o late Mohan Reddv,aged 47 yeqrs'} Qqg' " ;i;ffifu;: iVo-ei"grki'uittase ano tVlandal. eeddapilli District (erstwhile Karimnagar District).

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Petitioner Nos.4^{to 6 are brought on record-as LRs of the deceased} ir"iiii"ne. No.'l^{as per c.o.dt.10.01.2024in lA No' 112023'}

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...PETITIONERS

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AND

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'l . The Tahsildar, Bejjenki, District Karimnagar

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i. fiie nuu.nre^{OivisionatOfficer-cum-Land Acquisition Officer, Karimnagar} 3. The District^{Collector, Karimnagar} ;. iG Siiie,it1.rangrh",^{C"p b'v itsfrl secretarylrrisationqqd polmgnd} - Ai"1-O"""t.pment"( projectd W in g I De pa rtme nt, Secreta ria t, Hyd era bacl.

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RespondentNo.4isimpleadedasperc.o.dt.lo.ol.2024inlANo.l/2015 (WPMP No.28561/2015)

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...RES,ONDENTS

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Petition under^{Article 226 of the constitutionof lndia praying that in the} circumstancesstatedintheaffidavitfiledtherewith'theHighCourtmaybe pleasedtoissueawrit,orderordirectionmorepartlcularlyoneinthenatureof writ of mandamus^{dulydeclaring the actionof the respondents herein in trying to} dispossess the^{petitioners from the land bearing Sy'No166 to an extent of}

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W -/ //

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Ac.0-09 guntas situated at cherlapur Village of Bejjenki Mandal of Karimnagar District without following the due process of law as arbitrary, illegal and violative of Art. 14 and 300-A of constitution of lndia and contrary to the provisions under the Land Acquisition Act,^'1 894 in the interest of justice

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l.A. NO: 1 OF 2010(WPMP. NO:17724 OF 2010)

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Petition under section 15'1 cPc praying that in the circurnstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents herein not to dispossess the petitioner; from the land bearing Sy.No. 16t) to an extent of Ac.0-09 guntas situated at cherlapur Village of Bejjenki Manda of Karimnagar District without following the due process of law pending disposal of W.P. in the interest of justice

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Counsel for the Petitioner: SRl. V. RAVI KIRAN RAO SENIOR COUNSEL REP SRI V. ROHITH

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Counsel for the Respondent Nos. 1to3: AGp FOR REVENUE

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Counsel for the Respondent No.4: AGp FOR IRRIGATION AND

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COMMAND AREA DEVELOPM ENT

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The Court made th,,. following: ORDER

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SK,J W. P.No. 14088 ol' 20^I 0

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HON'BLE SRI JUSTICE^K.SARATH

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WRIT PETITION No.14O88 of^2O1O

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OR-DER:

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This writ petition is hled seeking to^{declare the} action of the respondents in trying^{to dispossessthe} pctitioners from the land to an extent of^{Ac.O-O9 gts in} Sy.No.166 situated at Cherlapur^{Village of Be.fienki} Mandal, without following due^{process of law as ilLegal} and arbitrar5r.

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Heard Sri V. Ravi Kiran^Rao, learncd^{Senior Counsel} representing Sri V. Rohith, lealned^{counsel forthe} pct.itioners, learned Assistant Govet-rrme nt Pleader^for Revenue for the respondcnt Nos. 1 to 3 and the^learned Assistant Government Pleader lor Irrigation^and Command Area Development for the respondent^No.4.

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Learned counsel lor the pctitioll{)l's submi[s ttrat^the fathers of the petitioner Nos.l and 2 and the father-in-law

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SK,J W.P.No.l4088 of 2,0 t0

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of the petitioner No.3 are the absolute owners and possessors of the lald admeasuring Acs.7-29 g1.s in Sy.No.166 situated at Cherlapur village of Bej jenki Mandal, Karirrangar District. The Government had acquired the land to an extent of Ac.7-2O gts in Sy.Nc,.166 for the purpos,3 of Lower Manair Dam ald an Award was passed vidc No.l6l7Ol71 in File No.Bl32l/69 dated 25.03.1971 ancl subsequently, a reference was made for enhancement of compensation in O.P.No.6O of 1988 on the hle of the Sub-Court at Karimnagar, whereirr a decree u'as passed in favour of the claimants enharrcing the compellsatlon awarded by the Land Acquisition Officer.

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Learned^(lounsel lor the petitioners further submits that after the death of their fathers, the names of petitioners we re mutated in the revenue records and pattadar pass books and title deeds were also issued in respect of the :.'emaining land to an extent of Ac.O-09 gts

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SK,J W.P.No.l4088 of 2010

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in Sy.No. 166 and since then they are in^{possession and} enjoyment of the same and they have^{laid fencingwire} around the lald with an intention^{to construct the} houses, but the respondents are trying^{to dispossess the} petitioners from the said land on the^{ground that the} Government has proposed to construct^{godowns for IKP} centers. He further submits that on^{10.06.2010,the} respondents got surveyed the land,^{removedthe kadies} and fencing wire around the lands^{and they are trying to} dispossess the petitioners from the^{subject land and} rcquested to allow the writ^{petition by directingthe} respondents not to dispossess the^{petitioners from the} subject land.

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Learned Assistant Government^{Pleader for Revenue,} basing on the counter averments,^{submits that during} demarcation of the land in^{Sy.No.166 ofCherlapur} Village, the respondents found that^{out o[ the lancl to an} extent of Ac.7-29 gts, Ac.O.O9^{gts is covered by PWD road}

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ISK,J W.P.No.l4088 of .t010

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leading from Karimnagar to Hyderabad and therefore, while treating the land to an extent of Ac.7-2O g;ts in Sy.No.166 as catta land, the land to al extent of Ac.O_09 gts is relating to PWD road. In the award procee,lings also, it was clearly shown as tovered by pWD road,and as such, the ltetitioners never in possession of the said land. For the acquired land to an e'xtent of Ac.7_2Ct gts, the GovernrrLent paid compensation vide Award No.16/7O-71 [,roc.No.B l32I/1969 dated 25.O3.t971. He submits that tl-re petitioners are trying to grab the land to get benefits iliegall-v in view of increase of value o1- the lands.

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Learnecl Assistant Government plead.er for Revenue further submits that some portion of acquired land 1n Sy.No.166 1S l1-ing vacant behind the bund of LMD reservoir and tl-r,-- same was proposed by the Governraent for construction of godowns for storage of agriculture produce b_r, lhe: Ci.ovcrnment Agencies, IKp Centers ,:tc.,

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SK,J W.P.r"No. 14088 of 20l0

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through DRDA. He submits that the petitioners have no piece of lald in Sy.No.166 of Cherlapur Village zrnd the question of their dispossession by the respondents does not arise and requested to dismiss the writ petition.

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After hearing both sides and perusal of tht: record, this Court is of the considered view that as per the revcnue records, the families of the petitioners are owners and possessors o[ land to arr extent of Ac.7 .29 gts in Sy.No. 166 situated at Cherlapur Village of Bejjenki Mandal. The respondents had acquired the land to an cxtcnt of Ac.7-2O gts out of Ac.7-29 gts in Sy.No.166 for construction of l,ower Manair Dam and tlre land acquisition award was passed vide Award No.l6/7O/71 in File No.B/32 ll69 dated 25.03.197 1. There is no dispute with regard to acquisition of the said land by the respondents from the petitioners. Now the dispute in the instant writ petition is the remaining land of Ac.O-09 gts. After acquisition of the land, the respondent authorities

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{

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SK,J W.P.No. I4088 of :2010

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have issued proceedings mutating the names of the petitioners r,ide proceedings No.B/6556/20O3 dated 04.06.2i004 issued by the then Mandal Rerrenue Ofhcer, Br:jjanki. Subsequently, the narnes oI the petitioners uere mutated in I-B register and the respondents have also issued pattadar passbooks and title deeds in lavour ol the petitioners. Now, the respondent authorities wanted to construct godown,s for storage of aqrictilLurc produce by the Government agencies, Il(P ,:cnters through DRDA and interfering with the possession ol the pctitiolrcrs.

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In the counter-, tl.re respondents have admitted that the total exterrt of patta land in Sy.No.166 is shou,n as Ac.7-29 gts and lhey have proposed to acquire the entire land of Ac.';-29 gts undcr the land. acquisition proceedings, bur zLcquired thc patta land of Ac.7_20 gts and the family members of the petitioners have received compensatior-L .or the said land. The respondents in their

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SK,J W.P.No.l4088 of 20t0

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counter contended that the remaining^{land to an extent of} Ac.O-09 gts in Sy.No.166 is^part and^{parcel of PWD road'} The land acquisition award^{vide No.l6l7ol7l in File} No.Bl32l169, dated^{25.03.1971 produced bythe} respondents and in that, it^{was mentionedthat action} has to be taken separately^{to transfer the land to an} extent of Ac.0-O9 gts in Sy'No.166^{along with other lands} to PWD. But, after the^{land acquisition award, no such} proceedings are issued by the authorities^{concerned for} transfer of the said land^{to PWD.That itself shows that} the land to an extent of^{Ac.O-O9gts was not transferred to} PWD as on this date.

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g. Moreover, the revenue authorities^{have mutatedthe} names of the petitioners in^{I-B register and also issued} pattadar passbooks and title deeds^{for the land to an} extent ol Ac.O.O9 gts in Sy.No.166. It^{clearly shows that} the petitioners are owners and^{possessorsof the schedule} property. In view of the same, without following^{the land}

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.SK,J W.P.No. 14088 of 2010

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acquisitio, proceedings, the respondents wiil not interfere with the possession of the pctitioners. If the respon<lents want to cons tr-uct IKP centers or godowns for public purpose, they have to initiate land acquisition proceedings a.red acquire the land from the petitiomers. The said action of the respondents in interfering with the possession of the property is iliegal and arbitraqr.

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In view of the above findings, the Writ petition is allowed ald the respondents are directed not to interfere with the posrsession of the land ol the petitioners admeasuring Ac.O.O9 gts in Sy.No.166 situated. at Cherlapur Viliage of Bejjenki MeLndal, without follo,,uing due process of lau,,. If the respondents want to acquire the lald of the petitioners, they have to follow due procedure un<ler Right to Fair Compensation and Transparency in Land Acquisition, Rehabititation and Resettlement Act, 2013. There shall be no order as to costs.

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SK,J W.P.No.l4088 of20l0

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Miscellaneous applications, if aly pending in this

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writ petition, shall stand closed. That Rule Nisi^{has been made absolutdas above}

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Witness THE HON'BLETHE^{CHIEF JUSTICE ALOK ARADHE'} WEDNESDAY ,THE^{EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND} TWENW FOUR

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SD/- L. VIJAYA LAXMI ASSt NT REGISTRAR

//TRUE COPY//

S ION OFFICER

To,

The Tahsildar,^{Be.ijenki,District Karimnagar} i. f n" neu"nre'Divisional^{Officer-cum-Land Acquisition Offrcer, Karimnagar} 3. The District Collector,^Karimnagar

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The Principal Secretary,^{lrrigat-ronaM CommandArea Development (Projects} Wino) Deoartment. Secretariat,^Hyderabad. s. onetc tb sRl^{v. RAVI KIRANRAo, Advocate} [oP!,c] - 6. iil^-Cbr to Cp^{foRREVENUE,High Court for the State of Telangana'} tourl i iw; icr to cp FoR^{lRRlcATloNANDCoMMAND AREA DEVELOPMENT} 'High Court for the State of Telangana, at Hyderabad [OUTI 8. Two CD Copies BM GJP

,. vt01,..'

HIGH COUFIT

DATED:1811212024

ORDER

WP.No.14088 of 2010

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