In a writ petition challenging the disbursement of land acquisition compensation, the Court held that without establishing title via a concrete Civil Court decree, the writ court cannot determine ownership. The petition was dispensed with, leaving the matter for the Civil Court.
No order as to costs. Miscellaneous applications closed.
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.
t32e6 I
HIGH COURT FOR THESTATEOFTELANGANA AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY. THE NINETEENTHDAYOFSEPTEMBER TWO IHOUSANDANDTWENryFOUR
PRESENT
THE HONOURABLESRI JUSIICE C.V. BHASKARREDDY
| WRITPETITIONNO:53240F2014 | ||
|---|---|---|
| Betwee |
n: |
|
| 1. | MOHO | .ALI AND4 ORS., S/o.NIohd.Hussain' aged about55years |
| 2. 3. 4. |
Rahim Smt. Mohd |
AIi,S/o.Mohd.Ali,agedabout 52years AzizaBegum,W/oShaik Dawood'agedabout60years . Nizamuddin,S/o.Mohd.Ali, agedabout48 years |
| 5. | Mohd Karim |
. Fasiuddin,S/o.Mohd.Ali,aged about52yearsAll areR'/o'H No9-2-132'Godamgadda' nagar, KarimnagarDistrict. ..-PETITIONERS |
| AND ,1 |
The Buildi |
Governmentoie.e.n"pBy lts Principal Secretary RevenueDepartmentSecretariat ngs,HyderabPd. |
| 2. | The Colon |
SpecialDePutY y, Karimnagar Collector,, FloodFIownCanal (SRSP) Land Acquisition,LowerManairDam Karimnagar District. |
| 3. | The | SpecialColleltor,LA Sriram Sagar Proiect' HUDA Complex' Tarnaka' Hyderabad |
| I i |
4 | Venkat Narsaiah,S/oLachaiah, R/oCheerlavanchaVillage,SircillaMandal, KarirnnagarDistrict. |
| ) | Ragl.ravulu, S/oLachaiah, R/oCheerlavanchaVillage,SircillaMandal, Karimnagar District. |
|
| 6 | Brahmaiah,S/oLachaiah, R/oCheerlavanchaVillage,SircillaMandal, Karimnagar District. |
|
| 1 | Rajesharn,SioLachaial.r, R/o CheerlavanchaVillage,Sircilla Mandal, KarimnagarDistrict. |
..-PETITIONERS
() -.-/-.2
I Malla Reddy, S/o Raghava Reddy R/o Cheerlavancha Village, Sircilla Mandal, Karimnagar District.
9 Bal Reddy S/o Raghava Reddy, R-/o Cheeriavancha Viliage, Sircilla Mandal, Karimnagar District.
l0 Sanjeeva Reddy S/o Raghava Reddy, R/o Cheerlavancha Village, Sircilla Mandal, Karimnagar District. (
.,.RESPONDENTS
\
Petition under Article 226 of the Constitutionof lndia prayingthatin thecircumstances statedin the affidavit filed therewith. the High Courtmaybe pleasedtoto issue an appropriatewrit, orderor direction moreparticularly one in thenature of Writ of Mandamus declaringtheaction of the respondents in disbursing the compensationin respecl of HouseBearing Nos.9-17' 9-18,9-19,s- '19/1. 9-1S/1A. 9-19/18 and 9-'19/C an extent of Ac.0-28 guntas in Sy.No.56 and 57 situated at Cheerlavancha Village, Sirsilla l,4andal ofKarimnagar Oistrict to other personsis illegal, arbitraryand contrary to lhe Provisions of the LandAcquisitionAct and consequently direct the respondentsto pay the compensation to thepetitioners
l.A. NO: 1 OF 201 4(WPMP. NO: 6612 OF 2014)
Petition under Section'151 CPCpraying that an thecircumstances stated in the affidavitfiledin support of lhepetition theHigh Courtmay be pleasedto direct the respondentsnot to disbursethe compensation in respectof House Bearing Nos. 9-17, 9-18,9-19,9-19/1,9-19/1A.9-19/18and 9-19/C an extent of Ac.O-28guntas in Sy.No 56 & 57situated at CheerlavanchaVillage, Sirsilla Mandalof Karimnagar District,pending disposal of the writpetition
l.A. NO: 2 OF 2014'WPMP. NO: 6758 OF 2014)
Petition under Section 15'1 CPCpraying thatin thecircumstances statedin the affidavitfiledin support of thepetition, the High Courtmay bepleasedto permitthe petitioners to impleadthe unofficial respondents .e respondents4 to10 as party Respondents 4 to 10 in W.P.No.5324oF 2014 and also in lhe WPlvlPs
l.A. NO: I OF 2017(\iWMP. NO: 31 75 o F 20171
Petition under Section 151 CPCpraying that in thecircumstances statedin the affidavit filed in support of thepetition, the High Court may bepleased vacate the interim directionin W.P.NO5324 of 2014 dated 25.2.2014.
Counsel for the Petitioners: SRl. A.JAGAN
Counsel for the Respondents t-3: GP FOR LAND ACQUISITION
Counsel for the Respondents 4,5 AND 7: SRl. Y.ASHOK RAJ
The Court made the following: ORDER
HON'BLE SRIJUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.5324of 2014
ORDER:
This writpetitionis filedseeking the following reliet
'......to issue anappropidte uti|order or direction moreparticularlyone in the nature of Wit of Mandamusdeclaing the actionof the respoidents indisbursing the compensationin reioect ofHousebeaingNos.9'17,9-18'9-19' g-ig/1,-9.19/ 1A.g-19/18 and 919/c an extent of Ac.0-28guntas in Sy' 1Vos'56 "!! !-7 situated. atCheerlauanchaVillage, Sirsilla Mandal of KaimnagarDtstict to otherpersons is illegil, arbitraryand cnntrary totLe Prouisiins ofthe Land AcqtisittonAct and consequentlydirect the respondentsto paA the compensationto the petitioners" "'"
2 Heard learnedcounsel for thepetitionerslearned GovernmentPleader for Revenuefor respondentNos'1 to 3 and Sri Y.AshokRaj, leamed counsel for respondent Nos'4'5 and 7'
2
have filed writ petition on the file ofthis Courl uide Writ Petition No.6793 of 2012. The said writpetition has been disposedof directing the respondents therein to consider therepresentation,dated 10.03.2008 submitted by thepetitionerswith regard to their rights and payment of compensation.The caseof the petitionersis that they are having the ownership rights over thepropertieswhich were acquired/ submerged in the Mid-Manairdam and tothat extentthey relied upon the certificate of declaration issued bythe Gram Panchayat, dated 20. L2.2OQ6.
l l
3
No.9-19/1C. RespondentNos.4,5 and 7 have disputed the right and title of the petitioners over the properties under acquisition.
I
7 . The petitioners herein are only relying upon the certificate issued by the Gram Panchayat for claiming rights and title over the properties. Unless the petitioners' rights are established by the competent Civil Court, it cannot be said that the petitioners are absolute owners of the properties, which are acquired for the purpose of construction of Mid-Manair dam. Therefore, leaving it open to the petitioners to approach the competent Civil Court to establish their title and possession over the subject property. In the event, the petitioners are declared as rightful owners ofthe properties they are at liberty to recover the compensation amount from respondent Nos.4, 5 and 7, in accordance with law.
4
I I
No order as to costs.
As a sequel, the miscellaneous applications pending, if any, shall
stand closed.
SD/. T. JAYAS ASSISTANT REG //TRUE COPY//
HIGH COURT
DATED:1 910912024
ORDE R
WP.No,5324 of 2014
o R iHE S r.,q ic
k
6
oct 2 0 NIv 2024
I
DISPOSING OF THE WRIT PETITION
WITHOUT COSTS
I)
u
2 issues framed by the court
Whether the petitions are maintainable when title to the properties is not established by a competent Civil Court.
Whether the High Court should have directed the respondents to pay compensation to the petitioners.
1 provisions across 1 enactments
Mohd. Ali
The Principal Secretary, Revenue Department
Venkat Narsaiah
C.V. Bhaskar Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
