Disposed

Pirangi Laxmi and 17 others v. The State of Telangana and 6 others

Telangana HC18 Sept 2024WP/42398/2022

Case brief

AI extract

What is this about?

This High Court disposed of a writ petition challenging mining lease allotments over agricultural land. The court directed an Advocate-Commissioner's survey, found petitioners failed to identify lands via report, and ordered mining operations to proceed within allotted limits while government officials complete land identification and acquisition proceedings if needed.

What did the court decide?

Petition disposed. Mining operations directed to continue within allotted area. Collector to identify petitioners' lands and prepare surveys. Land acquisition and compensation to be initiated if lands

Pirangi Laxmi and 17 others Vs The State of Telangana and… — Land Acquisition | Telangana HC (2024)

¶1

[^32e6 J

¶2

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶3

(Special Original Jurisdiction)

¶4

WEDNESDAY,THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

¶5

PRESENT

¶6

THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY t

¶7

WRIT PETITION NO:4239I OF 2022

¶8

Between:

¶9

Pirangi Laxmi, W/o Yadaiah, aged 47 years, Occ- Agriculture

¶10

Kashipuram. Pochamma @ Guddolla pochamma, Wo Ramulu, aged 44 years, Occ Agriculture

¶11

Gudolla Laxmi @ Sujatha, W/o^yadaiah Aged 46 years, Occ Agriculture

¶12

Byagari Laxmi, Wo Hari Krishna Aged 39 years, Occ Agriculture

¶13

Neerudi Balamani, Wo Sanjeevulu aged 42 years, Occ- Agriculture

¶14

Pirangi Manjula, Wo Narsimha aged 41 years, Occ- Agriculture

¶15

Golcari Barathamma, Wo Mahender aged 51 years, Occ- Agriculture

¶16

Papanolla Laxmi, Wo Narsimhulu aged 51 years, Occ- Agriculture

¶17

Shivunapuram Prameela, Wo Mallesham, Aged 5g years, Occ- Agriculture

¶18

Kuruma Shivamma, Wo Veranna aged 46 years, Occ- Agriculture

¶19

ll.Kamniari Neelamma @ Kamari Neelamma, Wo Sathyaraayana aged 51 years, Occ- Agriculture

¶20

'12. Thummalapally Rajamma, Wo Mallesh, aged 56 years, Occ- Agriculture

¶21

1 3. T.Anuradha, Wo Mallesham aged about 45 years, Occ- Agriculture

¶22

l4.Kammari Laxmi, Wo Naresh aged 51 years, Occ- Agriculture

¶23

Neerudi Vasantha, Wo Krishna, aged 36 years, Occ- Agriculture

¶24

l6.Neerudi Hemalatha, Wo Chandraiah aged 36 years, -Occ-Agrl.

¶25

lT.Neerudi Suvarna, Wo Lakshmaiah aged 55 years, Occ- Agrl.

¶26

'lS.Neerudi Durgaiah, S/o Lingaiah aged32 year, Occ-Agrl.

¶27

]-\ll.th9^{petitionersare R/o YerdhanoorVillage, Kandhi Mandal, SangaReddy} District

¶28

...PETITIONERS

¶29

AND

¶30

1 The State of Telangana, Rep.by its Principal Secretary Revenue Department, T.S. Secretariat Hyderabad

¶31

2 The District Collector, Sanga Reddy district, at Sanga Reddy

¶32

The Revenue Divisional officer, Sanga Reddy Revenue Division, Sanga Reddy distirct

¶33

The Tahsildar, Kandi Mandal, Sanga Reddy district

¶34

The Director of Mines and Geology, BRKR Bhavan, Tank Bund Road, Hyderabad.

¶35

The Deputy Director of Mines and Geology, Sanga Reddy, Sanga Reddy district.

¶36

The Assistant Director of Mines and Geology, Sanga Reddy, Sanga Reddy district.

¶37

M/s Sreenidhi Minin 9 Qgmpgny^{Rep. by its Managingpartner, Mosu}

¶38

Sreenivasulu, H.No. 6-60/1, Palukuru Village, Banganpille Mandal, Kurnoor District

¶39

M/s SR.Mining lndustries, Rep. by its proprietor, er.No. 343/D.BHEL lownshtp, Ramchandrapuram Mandal, Sanga Reddy District.

¶40

fgqpo(e1!^{Nos. 8 and 9 are impleaded as per C.Odt.30..l} 1.2022 in l.A No.2 of 2022.

¶41

...RESPONDENTS

¶42

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 bf Wntr or MANDAMUS, declare the proceedings No. 1687/eL/sRD/20i8 dated 29-6-2020 and proceedings No. QL/sNRi1011900546 dated 10-6-2022 acquire the agriculture lands to an extent of 10-000 Hectors and 12-0g0 hectors in sy.No. 231 ani 231t1of Erdhanoor village Kandi Kanda, sanga Reddy district of t'he petitioners on the ground that the land is acquired for the purpose of Building stone and road metal without issuing any notice without initiating any Land Acquisition proceedings by paying compensation is illegal, arbitrary, contrary to law being violative or Rlirrt to Fair compensation and rransparency in Land Acquisition ncl, zots and viiation of Articles, 3004 of the constitution of lndia and consequenUy set asrde the same and further direct the Respondents not to dispossess the petitioners from the agriculture lands of^'10-000 Hectors and 12-0g0 hectors in Sy.No. 231 and231l1of Erdhanoor village Kandi Kanda, Sanga Reddy district without inrtiating Land acquisition proceedings Under Right to Fair compensation and rranspar6ncy in Land Acquisition Act, 2013

¶43

lA NO: 1 OF 2022

¶44

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 Jirect the respondents not to interfereid ispossess^- the peaceiul possession and er]joyment of the petitioners agricultural lands to an extent of 10-000 Hectors and 12-080 hectors in sy.No. 231 and 23111 of Erdhanoor village Kandi Kanda, sanga Reddy- district by following. under Right to Fair compensati6n and rranspaiency-in Land Acquisition Act, 2013 pending disposal of the main writ petition and deem fit and proper in the circumstances of the case.

lA NO: 1 OF 2024

Between:

M/s Sreenidhi Mining Company, Rep. by its Managing partner, Mosu Sreenivasulu, R/o Plot no. 102, Flat No. 146 and 147 Krishnaveni Acro Police Apartments, Opp Madhapur Police Station, Kavuri Hills, Madhapur, Hyderabad-81, rep by lrrevocable GPA Holder Vessella Aggregates, rep by its^partner, D. Sumanth Kumar Reddy, S/o D. Subrahmanyam Reddy, aged about 32 years, R/o Vessella Villas, Masidbanda, Kondapur, Hyderabad

¶49

AND

¶50

Pirangi Laxmi, Wo Yadaiah, aged 47 years, Occ- Agriculture

¶51

Kashipuram Pochamma @ Guddolla Pochamma, Wo Ramulu, aged⁴⁴ years, Occ Agriculture

¶52

Gudolla Laxmi @ Sujatha, Wo Yadaiah Aged 46^years, Occ^Agriculture

¶53

Byagari Laxmi, Wo Hari Krishna Aged 39 years, Occ Agriculture

¶54

Neerudi Balamani, W/o Sanjeevulu aged 42^years, Occ- Agriculture

¶55

Pirangi Manjula, Wo Narsimha aged 41^years, Occ-^Agriculture

¶56

Golcari Barathamma, Wo Mahender aged 51^years, Occ- Agriculture

¶57

Papanolla Laxmi, W/o Narsimhulu aged 51^years, Occ-^Agriculture

¶58

Shivunapuram Prameela, Wo lVlallesham, Aged^{59 years, Occ-Agriculture}

¶59

'10. Kuruma Shivamma, Wo Veranna aged 46 years, Occ- Agriculture

¶60

1 1 . Kamniari Neelamma @ Kamari Neelamma, Wo^{Sathyaraayana aged 51} years, Occ- Agriculture

¶61

Thummalapally Rajamma, Wo Mallesh, aged 56^years, Occ-^Agriculture

¶62

13.T.Anuradha, Wo Mallesham aged about 45^years, Occ-^Agriculture

¶63

Kammari Laxmi, Wo Naresh aged 51^years, Occ- Agriculture

¶64

Neerudi Vasantha, Wo Krishna, aged 36^{years,.Occ-Agriculture}

¶65

Neerudi Hemalatha, Wo Chandraiah aged 36^{years, -Occ- Agrl.}

¶66

lT.Neerudi Suvarna, Wo Lakshmaiah aged 55^{years, Occ- Agrl.}

¶67

lS.Neerudi Durgaiah, S/o Lingaiah aged32^{year, Occ- Agrl.}

¶68

All the petitioners are R/o Yerdhanoor Village,^{Kandhi Mandal, SangaReddy} District

¶69

...RESPONDENTS/WRIT PETITIONERS

¶70

The State of Telangana and 6 others,^{Rep.by its PrincipalSecretary Revenue} Department, T.S. Secretariat Hyderabad.

¶71

20.The District Collector, Sanga Reddy^{district, at Sanga Reddy}

¶72

The Revenue Divisional officer, Sanga^{ReddyRevenue Division'Sanga} Reddy distirct

¶73

22.The Tahsildar, Kandi Mandal, Sanga^{Reddy district}

¶74

.I!

¶75

23.The Director of Mines and Geology, BRKR Bhavan, Tank Bund Road, Hyderabad.

¶76

The.Deputy Director of Mines and Geology, Sanga Reddy, Sanga Reddy

¶77

The Assistant Director of Mines and Geology, Sanga Reddy, Sanga Reddy

¶78

M/s SR. Minino lndustries, Rep by its proprietor er No 343/D.BHEL Towns h ip, Ra i ch a nd ra p u rr,"rrr,rZi.r ji r. s"Jn gl n y D istrict. "oa

¶79

...RESPONDENTS/RESPONDENTS 1 TO 7 AND 9

¶80

Petition under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition i6" iligh corrt may be preased to vacate [:.,..1"1'_,^{order passedin IA No ,t ott} zOiz in Wp No. 42398t2022 dated 0911112023 in so far as this Responoent ruo els concerned, in the interest of justice

¶81

Counsel for the petitioners: SRl. DR. KAOIRI KRTSHNAIAH

¶82

Counsel forthe Respondent Nos.1 to 4: Gp FOR REVENUE

¶83

counsel for the Respondent Nos.S to 7: Gp FoR MINES AND GEoLocy

¶84

Counsel for the Respondent NO.B: SRI UNNAM LAW FIRM

¶85

Counsel for the Respondent NO.9: __

¶86

The Court made the following: ORDER

¶87

¶88

THE HON,BLE^{SRI JUSTICE C.V.BHASI{ARREDDY}

¶89

WRIT PET^{ITION NO.42394of2022}

¶90

ORDER:

¶91

This Writ^{Petitionis hled seeking the followingrelief:}

¶92

'....to issue a^{u.)it, ord'eror directionmore particularlAone in the} nitir. o7^{WRITOF MANDAMUSdeclarethe proceedings} in-.l iaztbtt^{snD/ 2018dated 29-6'2020andproceedinss} 'uoi.Ot tsYntml1900546 dated 1o 6'2o22 acquire the agiculhne 1i"it' , an^{extentof10-000Hectors and 12-080 lectorsin} 'ig".Nor.ZSl and 231/ i of Erdhanoor wllage' Kandi Kanda' Sanga i";ig iirt-"t^{oJ the petitionerson the groundthat the land is} acquied J o r^{the-purposeof Buitdingstone and ro.admetaluithout} iiriuing^-ny nia"i -iti-'t iniliating any^{LandAcquisition} iri""iai"gt^{AA pogingcompensationis llegalarbitrary contrary to} lau-, being^{uiolattueofRqht to Fair Compensationand} iloiir.l.A in Land^'Acquisttion -A3t'..2o13,^{and- uiolation of} ii"ti, 'i"ii" tn saie sooi of the and^constitution fitrlher direct^{oJ Ind.ia} the^and Respondents^{consequentlg set} not to ;;;;;;. the petitionirs Jrom^the :si:"u::'.^{tandsof 10-00o} Hectors dnd^{12-o8o heitors inSi Nos'231 and 231/1oJ} Erdhanoor^{uillage, KandiKanda' SangaReddg districttuithout} iniiig Land. acquisition^proceedings .^{I|nder Right toFair} Compensation^{and' 'l'ranspareicyin LaidAcquisitionAct'2013 ''}

¶93

Considered^{the submissions of the learned counsel for} the respective^{parties and perused the record'}

¶94

The case^{of the petitioners is that' in tlle year 2OO5'the} Government^{has allotted land admeasuringAc'O-2O guntas to} them in^{Sy.No'231 situatedat YerdhanoorVillage} '^Kandhi Mandal,^{SangaReddy District by issuingpatta certiflcates} and they are^{ekingout their livelihoodby doing agriculturein} the said^{allottedlands and since the date of allotment'they}

j I I l

are rn peaceful possession and enjoyment of the said lands. While so, the State Government uide prc,ceedings No.16B7 /eL/SRD/2018, d,ated 29.06.2020 altotted t0_OO hectares of land in Sy.Nos.23 1/1 and 231 sittrated at Erdhanoor Village, Kandi Mandal, Sanga Reddy Disrrict and uide proceedings No.eLISNR/LO11900546, dated 10.06.2022 allotted 12_OgO hectares of land in 51 .No.23l situated at Erdhanoor Village, Kandi Mandal, Sanga Reddy District in favour of respondent Nos.g and 9 for conducting mining operations for excavation of building material and road metal for a period of 20 years. It is the further case of the petitioners that, without preparing the sub_divis ions in the lands situated in Sy.No.23 1, respondent Nos.g anri 9 are interfering into their lands and obstructing the agricultural activities being carried on by them.

¶99

It is the case of respondent No.S that Sy.No.231 consists of Acs.4OO_23 guntas, out of which Acs.23g_00 guntas is covered with hill rock and lease deed was exe,cuted in favour of respondent Nos.g and 9 for excavation of buiiding material and road metal, which extent has not been assigned to the petitioners

¶100

The dispute^{inthis writ petition is with regard to} identificationofthelandsformingpartofsy.No.23land according to^{the petitioners, the respondents are interfering} with their^{assignedlands and accordingto respondentNos'B} and.9, they^{are conducting miningoperationsas per the lease} deed executed^{in their favour'}

¶101

To resolve^{the disputeswith regard to identihcation of} thelands,thisCourtuideordet,datedll'O3'2O24appointed an Advocate-Commissioner^{toconduct surveyover the} subject area^{and directed to submita report within two} weeks.

¶102

7 . In compliance^{with the order' dated1 1 'O3 '2024 'a} report,^{dated26.O3.2024has been placedby the Advocate-} Commissioner^{before thisCourtst'ating that' withthe} assistanceoftheMandalsurveyor,AssistantDirectorof Mines and^{Geolory and all the petitioners'survey has been} conducted.ItisfurtherStatedthatthepetitionershavefailed to locate/identify^{their lands as per the patta certifrcates and} to show^{that there exists crop/ agricultural land inand} around the^{subject land' It is also stated that neitherthe} petitioners nor^{the Mandal Surveyor are able to locatethe}

patta lands more particularly in and around the quarry site of respondent Nos.g and 9. The copies of the photographs taken during the survey are annexed to the said report.

¶107

Admittedly, there is no dispute that the petitioners were assigned lands to an extent ranging from Ac.O_1O gintas to Acs.2O-00 guntas, exercrsing the powers under Sectio t-t 172 of Andhra Pradesh (Telangana Area Land Revenue r317 fasli) in terms of the policy laid down 1n G.O.Ms.No.1406 dated 25.02.1958 and G.O.tVIs.No.7Z24 dated 26.O8.1959. It is not the case of the respondents that the petitioners have violated any of the terms and conditions of the assignment/final patta granted in accordance with the Act. The only dispute is with regard to the identification of the lands and to put a quietus to the said issues, this Court, deems it appropriate to drspose of this writ petition directing respondent Nos.g and 9 to carry out the mining operations, strictly within the area alrotted to them vide proceedings dated 29.O6 .2020 and. tO.O6.nO22. Further, respondent No.2 is directed to conduct surve.y for identifying and Iocalizing the Iands assigned in favour o[ the petitioners and also to prepare sub_division records to enable the petitioners to enjoy their possession as absolute

¶108

¶109

assignees of^{the subject property' Ifthe lands of the} petitioners are^{required in any manner,the respondentsare} directed to^{initiate proceedingsunder the provisionsof the} Right to Fair^{Compensation and Tralsparency inLand} Acquisition Act,^{2073 (for short theAct') andpay} compensation^{under the provisions of the Act for utilizingthe} saidlands.Theabovesaidexerciseshallbecompletedwithin a period of four^{(4) months from the date of receipt of a copy} of this order.

¶110

t I

¶111

g. With the above^{observations,the Writ Petition is} disposed of.^{Thereshall be no order as to costs}

¶112

Miscellaneous^{petitions,ifany, pending in this Writ}

¶113

Petition shall^standclosed.

¶114

//TRUE COPY//

¶115

*'''JJ;;-=ffiI: sD/- MOHD. l9i/lAlL /