Allowed

Katta Veakat Reddy v. The State of Telangana, Rep. by its Principal Secretary

Telangana HC1 Apr 2024WP/20559/2015

Case brief

AI extract

What is this about?

Petitioner challenged the forced laying of a road on his agricultural land via writ petition under Article 226 seeking mandamus. The Court observed that authorities had stopped the road laying. It directed respondents not to interfere with possession without due process, requiring adherence to the 2013 Land Acquisition Act if acquisition is sought.

What did the court decide?

Directing respondents not to interfere with the possession of the petitioner over the subject property without following due process of law; requiring compliance with the 2013 Land Acquisition Act if

Katta Veakat Reddy Vs The State of Telangana, Rep. by its… — Land Acquisition | Telangana HC (2024)

¶1

¶2

[3302 ]

¶3

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

¶4

MONDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FOUR

¶5

PRESENT

¶6

THE HONOURABLE SRI JUSTICE K. SARATH

¶7

WRIT PETITION NO: 20559 OF 2015

¶8

Between

¶9

Katta Venkat Reddy, S/o. K.Narsi Reddy, aged about 45 years, Occ: Agriculture, do. I/amiyalagudam, H/o. Muthyalammagudem Kaltangoor lt/andal, Nalgonda District, Telangana State

¶10

...PETITIONER

¶11

AND

¶12

1 The State of Telangana, Rep. by its Principal Secretary, Panchayat Raj and Rural Dev. Dept. Telangana Secretariat, Hyderabad - 5OO 022

¶13

2 The District Collector, Nalgonda District, Nalgonda

¶14

3 The [/andal Parishad Development Officer, Kattangoor Mandal, Nalgonda District

¶15

4 The Executive Engineer, Panchayat Ra1, Nalgonda District.

¶16

The Assistant Project Officer, Mahatma Gandhi National Rural Employment Guarantee Scheme (tvlGNREGS) Kattangur [Vlandal, Nalgonda

¶17

Patel Anji Reddy, S/o. Ramakrishna Reddy, aged about 60 years, Occ: Agriculture, Rl/o Manikyalagudem, Kattangur Mandal, Nalgonda District

¶18

...RESPONDENTS

¶19

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction, more particularly one in the nature of a writ of lvlandamus declaring the actron of respondents in seeking to lay a road forcibly in the petitioner's agricultural lands admeasuring 3.05 acres in Survey No.'191l1 and 3.12 acres in Survey No.19'l/AA totally admeasuring 6.17 acres situated in Dugenevelli Village, Kattangur Mandal, Nalgonda District as arbitrary, illegal and without any authority of law and violative of Article 21 of Constitution of lndia as well as Article 300-4 of Constitution^{of lndia.}

¶20

t.A. NO : 1 OF 201S(WPMP. NO:264Q^{2 0F 20151}

¶21

Petition under section 151^{cPC praying that in the circumstances stated} in the affidavit filed in support of the^{petition,the High court rllay be pleasedto} direct the respondents not to^{lay the road throughthe petitioner'sagricultural} land admeasuring 3.05 acres^{in Survey No.19111and 312 acres in Survey} No.191/AA totally admeasuring^6.'1 7^{acres srtuated in DugenevelliVillage,} Kattahgur Mandal,^{Nalgonda Districtand not to interfere with the peaceful} possession and enjoyment ,^pending disposal^{of the above writ petition}

¶22

Counsel for the Petitioner:^{M/S.K V RAJASREE}

¶23

Counsel for the^{Respondent Nos.1to 3: GPFOR PANCHAYATRAJ & RURAL} DEVELOPMENT

¶24

Counsel for the Respondent^{No.4: SRI G. NARENDER REDDY(SCFORTGZPP-} MPP-GPPS)

¶25

Counsel for the Respondent^{No.5: SRI CHANDRA MURTHY}

¶26

Counsel for the Respondent^No.6:----

¶27

The Court made the following:^ORDER

¶28

Page 1of 2 srr,J WP No.2O559 OF 2O15

¶29

I I

¶30

I I

¶31

THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITIoN No.2O559 Of 2015

¶32

ORDER:

¶33

This writ petition is filed questioning the action of the respondents 1n laying the road forcibly along the agricultural lands of the petitioner admeasuring Ac.6.17 guntas covered by Sy.Nos.1.9l / A and19I /AA situated at Dugenevelli Village of Kattangur Mandal of Nalgonda District.

¶34

Heard the learned Counsel for the petitoner as well as the learned Government leader for Panchayath Raj and Rural Development and learned Standing Counsel for ZPP, MPP, GPPS appearing for the respondents.

¶35

The learned Government Pleader for Panchayat Raj and Rural Development basing on the written 1ns \uctions^{would submit thatthe respondents have} stopped layrng the road through the subject property.

¶36

In view of the submissions made by the learned Government Pleader for Panchayat Raj and Rural

¶37

-J.

¶38

Palc 2 of 2 SK,J WP No 20559 OF 2015

¶39

Development this writ petition is disposed of directing the respondents not to interfere with the possession of the petitioner over subject property i.e. Ac.6.l7 guntas covered by Sy.Nos.l9IlA and191/AA situated at Dugenevelli Village of Kattangur Mandal of Nalgonda District without following due process of law. However, if the respondents wants to acquire the subject land, they have to follow the procedure under the Righ t to Fair Compensation and Transparency in Land Ac<luisition, Rehabilitation and Resettlement Act, 20 13

¶40

Accordingly, this Writ Petition is disposed of with the above direction. No order as to costs.

¶41

As sequel to it, Miscellaneous Petitions pending, if q{ry, +4]1 stand closed.

¶42

o"'iSfou"TES'E+RIR //TRUE COPY/I / , SEcTIoX'FFIcER

¶43

To,

¶44

1 The Principt Secretary,_ Panchayat Raj and Rural Dev. Dept. Telangana Secretariat, The State of Telangana, Fiyderabad - SOO O22

¶45

2 The District Collector, Nalgondi District. Nalgonda

¶46

3 The Mandal Parishad Dev-elopment Officer, Kattangoor [v]andal, Nalgonda District

¶47

4 The Executrve Engineer, Panchayat Ra;, Nalgonda Distrrct. The Assistant Project ojficel Mahatma-Gand-hi Nationar Rural Employment Guarantee 9ql-,"Ig (IVGNREGS) Kattangur lVtandal, Nalgonda

¶48