Petitioners sought compensation for land allegedly used without payment for widening National Highway No.7 at Shamshabad, and correction of revenue records for survey No.766. With no representation on two hearings, the writ petition was dismissed for non-prosecution/default.
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[3302 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYOERABAD
(Special Original Jurisdiction)
THURSDAY, THE TWENTY FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE K. SARATH
WRIT PETITION NO: 7026 0F 2010
Between:
'12. Mioss Sayeeda Hufsa Fasi, D/o.Syed Fasiullah Hussaini and S/o.of Late Habeebunnisa Begum, aged 43 years, Rlo.22-4€9,.Kotla Alijah, Hyderabad. (Petitioners 2, 4, 5,6, 7 and I are represented by their Special Povuer of Attomey, Sayeed Abdullah - Petitioner No.3 and Petitioners 1O, 11 and 12 are also represented by their General Power of Attorney, Sayeed Abdullah - Petitioner No.3; Vide attached GPA Documents dated 26-12-19986 and 30O4-2022 respectively)
...PETITIONERS
AND
District,Chevella
500057_uf,i!ft "t Ftoor,p"tot w'o.2s,iioif N;.2 i;;tdFiiit" M;;6"i;k,"iyiil;.;;l
...RESPONDENTS
Petition under Articre 226 of rhe constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an appropriate writ direction or order one in the nature of a writ of mandamus- A.Decraring the impugned action of the respondents in usurping the petitioners rand measuring 0.13 guntas =1 ,576 square yards,forming part of survey No.766 and situated at shamshabad rvrandar and viflage,for raying thereon four-laning National High way No.7 with expansion of service road,without following the due process of raw and utirizing the same without payment of any compensation to the writ petitioners, as unconstitutiona r and contrary to the provisions of Article 3004 of the constiturion of lndia B.Directing the respondents (particularly Respondent No.4) to pay compensation within a particurar time frame even by dispensing with the procedure laid down under the Land Acquisition Act, to the writ petitioners ai the market varue, per square yard, existing as on date for the extent of the rand measuring 0.13 guntas =1,576 square yards, covered by survey No.766 and situated at shamshabad Mandar and vilage, Ranga Reddy District already used and utirized for raying four-raning Nationar Highway No.7 with expansion of service road c.Directing Respondents No. 2 and 3 (RDo and the Tahsildar) to forthwith correct and update the revenue record as to the real extent and ownership of survey No-766 viz.,as measuring 14 acres and 34 guntas and showing HUDA as owners and possessors of 14 acres and 21 guntas and the writ petitioners as owners and possessors of 0.13 guntas thereof and consequenfly compry with the request of Respondent No.4 (NHA|) in terms of its Proceedings NHAt/Ptu-HyDt1so12tNs-23t2oo7t1r1B dated 22.11 .2007 enabting
Respondent No.4 NHAI ,to arrive at the correct compensation amount payable to the writ petitioners having already used and utilized for laying four-laning National High way No.7 with expansion of service road their land rneasuring 0..13 guntas =1,576 squareyards, covered by survey No.766 shamshabad Mandal and village.
1.A. NO: 1OF 2010(WPMP. NO: 9067 OF 2010)
Petition under section 151 cpc praying that in the circufilstances stated in the affkjavit filed in support of the petition, the High court may be pleased to direct {he respondnts No.2 and 3 (RDo and the Tahsildar) to forthwith correct and update the revenue record as to the real extent and ownership of survey No.766 viz-,showing it as measuring'14 acres and 34 guntas,by showing HUDA as ownes and possessors of 0.13 guntas thereof ,consequenfly comply with the request of Respondent No.a (NHAI) in terms of its proceedings NHAI/p|U-HYD/1s012/NS2312oo711718 dated 22nd November 2007 enabling Respondent No.4 -NHAI to arrive at the correct compensation amount payable to the writ petitioners having already used and utilized for laying four laning National high way No.z with expansion of service road, the petitioners land measuring 0.1 3 guntas+1 ,576 square yards covered by survey No.766 Shamshabad Mandal and village.
Counsel for the Petitioner : SRI MOAHMMED ABDUL HAMEED
Counsel for the Respondents No.1to3 : Gp FOR LAND ACQUISITION
Counsel for the Respondents No.4: M/s.M.DHANANJAY REDDY (SC FOR NHAI) The Court made the following: ORDER
//)/
THE HONOURABLE SRI JUSTTCE K.SARATH
U/RIT PETITION NO.7026 0F 2010
ORDER
Non-prosecution/default. No order as to costs.
3 Pending miscellaneous applications, if any, in this
appeal shall stand closed.
SD/-A.V.S.PRASAD //rRUE coPY// ASSISTANT-REGISTRAR v
SECTION OFFICER
To,
it
I I
i I
HIGH COURT
DATED:2St01t2024
ORDER
WP.No.7026 of 2O1O
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DISMISSING THE WRIT PETITION FOR NON-PROS ECUTION/DEFAUr-T WITHOUT COSTS
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Ameena Begum
Ahmed Abdullah
Sayeed Abdullah
Habeebunnisa Begum
The Collector, Ranga Reddy District, Hyderabad
National Highways Authority of India (NHAI)
K. Sarath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
