Peddakurma Mahankali Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

Peddakurma Mahankali Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with a direction to the respondent authorities to reconsider the petitioner's case, afford him a fair opportunity of hearing, pass fresh orders expeditiously (preferably within three weeks) and communicate them to him; miscellaneous applications, if any, stood closed; no order as to costs.

Issue for consideration

Whether the inaction of Respondents 2 and 3 on the petitioner's representations dated 13.03.2025 and 17.03.2025 warrants a direction to allot substitute Plot No.10/A (vacant and unregistered) instead of Plot No.366, which is not a residential plot and lies far from the R&R Colony, Thogutta (V), Gajwel (M), Siddipet District, or alternatively to release the compensation amount to the petitioner.

Court's answer

On consideration of the submissions and facts, the Court found it fit to dispose of the writ petition with a direction to the respondent authorities to reconsider the petitioner's case and, after giving the petitioner a fair opportunity of hearing, pass fresh orders.

Ratio / Principle

The fresh orders were to be passed expeditiously as possible, preferably within a period of three (03) weeks from receipt of a copy of the order, and communicated to the petitioner.

Detailed headnote1 paragraphs

Land Acquisition — R&R benefits — Mallanna Sagar Project — substitution of allotted plot. The petitioner, an agriculturist whose land (Ac.5.11 gts in various survey numbers) was acquired for the Mallanna Sagar Project and who received compensation of Rs.2,74,324/-, had earlier succeeded in W.P.No.5245 of 2023 (order dated 14.03.2024) whereby the Court declared the petitioners entitled to be treated as a separate family under the proviso to Clause (a) of Section 3 of the Act, 2013 read with the Explanation to Clause (m) and directed extension of R&R benefits within four months. On alleged non-compliance, C.C.No.2595 of 2025 was closed on 28.02.2025, recording that an R&R package of Rs.12.54 lakhs and Plot No.366 at R&R Colony, Mutrajpally had been sanctioned in his favour, with liberty to represent grievances. The petitioner's subsequent representations dated 13.03.2025 and 17.03.2025 seeking allotment of vacant Plot No.10/A instead of Plot No.366 (which he contended was adjacent to burial grounds, isolated and far from the colony) went unconsidered. Disposing of the writ petition, the High Court directed the respondent authorities to reconsider the petitioner's case and, after giving him a fair opportunity of hearing, pass fresh orders expeditiously, preferably within three weeks, and communicate the decision to him. No costs.

[^325s ]

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

TUESDAY ,THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

WRIT PETITION NO: 10904 OF 2025

Between:

Peddakurma Mahankali, S/o. Balamullu, Aged about 78^years,Occ. Aqricuturalist, rlo.1-12, Banjarapalli Village,^{Thogutta (M),Siddipet,N/edak} District presently r/o.30-50/39, Ganesh Nagar, Old^{Safilguda,tvlalkajigiri,} Ranga Reddy District.

...PETITIONER

AND

The State of Telangana, represented by its^{Principal SecretaryLand} Acquisition Department, Secretariat, Hyderabad.

The District Collector, Siddipet.

The Revenue Divisional Officer, Gajwel,^{lntigreated OfficeComplex, Siddipet'} Telangana State.

The Thasildhar, Thogutta/Gajewel,^{Thogutta Mandal, Siddipet, SiddipetDist,} Telangana State.

...RESPONDENTS

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 or order or direction more^particularly in the nature^{writ of} mandamus declare the in action of the^{Respondents2 and 3 are not initiatingthe} actions against the representations^{made by the petitionerdated 13.03.2025and} 17.03.2025 consequently direct the^{Respondents hereinto allot the substitute} Plot No. 10/A is vacant and unregistered^{plot or any plot instead of 366 which is} not a residential^plot which is locate far^{from the R&R Colony,Thogutta (V)'} Gajwel (M), Siddipet District to release the^{compensate amountto the petitioner} herein

lA NO: 1 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents 2 and 3 herein to consider the petitioners representations dated 13.03.2025 and 17.03.2025 to the Respondents and allot the Plot No. 10/A which is a vacant and unregistered Plot situated at RandR Colony, Thogutta Village, Gajwel (M), Siddipet District

Counsel for the Petitioner: SRl. DANTU VENKATA RAMANA SARMA

Counsel for the Respondents: GP FOR LAND ACQUISITION

The Court made the following: ORDER

HONOURABLE^SRI JUSTICE^{N.V.SHRAVANKUMAR} WRIT I'ETITION No.10904 of²⁰²⁵

ORDER:

Heard learned counsel for the petitioner and^{learnedAssistant} Covernment Pleader for Land Acquisition^{appearing for respondent Nos.1} to 4. With their consent, the writ petition is being taken up^{for disposal.}

This writ petition has bcen filcd seeking the following relief:-

"to declare tlrc in action o.f the Respondents 2 and 3 nre not initiating tlrc sctions against the representations mnde by^the petitioner dated 13.03.2025 nnd 17.03.2025 consequently direct thr Respondents htrein to nllot tlrc srbstitute Plot No.10/A is aacnnt and unregistcred plot or any plot instead of 366 tohich is not a residential plot rulich is locate far from the R&R Colony, Thogutta^(V), Gnjwel^(M), Siddipet District to release the compensate anrcunt to tle petitioner lerein."

Brief facts in this writ petition are that petitioner claims to be the absolute owner and possessor of land to an extcnt of Ac.5.11 gts in Sy Nos.629,/1, 715/U/3, 690, 684/O, 684/V, 684/1, 680/ A/2, consisting of² borewells, one well, Trees, pipelinc.s, shecl. The respondent authorities for the purpose of Mallanna Sagar Projcct acquirecl the petitioner's subject property and paid compensation for an amount of Rs.2,74,324/ -. However, the respondent authorities failcd to allot a plot undcr land acquisition and aggrieved by the same, petitioner filed W.P.No.5245 of 2023 and this Court ztide order dated 14.03.2024 passed the follon,ing order:-

"In the light of the abot e, both the Writ Petitions nre nllorued decLaring that tlle petitioners lerein nre entitled to be treated ns a separate frmily zoitlitt tlrc nenning o.f prot'iso of Clause Qn) of Section 3 of the Act, 2013, reod ruith erplnnatiotr to Clattse (m) of

\

2

Section 3 o.f tht Act, 2013 and also for extending the R & R benefts under the proaisions of the Act,2013. The respondents nre furtllet directed to extend the R €r R benefts by airtue of tfuir displacement pursttnnt to the acquisition proceedings underlnken by the respondents under the prottisions of the Act, 2073 or under C.O.Ms.No.120, dated 30.06.2017 or any other scltcme ns may be npplicabLe to the petitioners, as expeditiously rc possiltle, at nny ratu, zoithin a peiod of four (04) months from the date of receipt of a copy cf this order, if such benefts llterc not already extended st&ject to the pektioners satisfying their eligibility being tht odult member of nl affected family."

Later, when tlte respondent authorities failed to comply the ordcr dated 14.03.2021 passed in W.P.No.5245 of 2023, petitioner filed C.C.No.2595 of 2025 and the same was closed aide order (lated 28.02.2025, on the ground ihat the responded authorities z,idr proceeding bearing PROC.C1I1142/'2079, dated 05.12.2024, sanctioned R&R package of Rs.12.54 lakhs and allotment plot No.366, situated at R&R colony, Mutrajpally in iavour of the petitioner and in the said order it was also recorded that if the petitioner has any grievance with regard to the allotment of the plot, liberty was granted to the petitioner to make representation before the appropriate authority. Hence, the petitioner on 13.03.2025 and 17.Q3.2025 made representations and recluestecl the respondent No.2 ar.r.l 4 to allot Plot No.10rlA instead of Plot No.366 situated at R&R t'olon1', Mutraipally. However, the same is still pending. Aggrieved by the same, petitioner filed the present writ petitiorr.

-)

Learned^{AssistantGovernment Pleaderappearingfor respondents} has placed^{on record instructions issuedby respondent No'4'relevant}

portion^{is extractedheteunder:-}

" ln tlris regard,^{itis submitted} "t',;i*^{that a Melo t'ide this ot'fcc} to th,e^{pe tit ioner' throu gh'} N o.B/889p024,^{o lzt'is'zizi} "n'"1 Registered^{postauty i'|i':^i'g ni* tt"t at prexn,t, allernntc plotcannot} be allotted^{as desrred} 'li' 'iti^{i"1"ed him} ,to nttend on^{29'03'2025 or} any other^{date as desiredby tht petitioner lor regtsteinglht said plot} irli"s^{N""36a o' ii' io^' 'situnted fu nan colonySnngapur'} Mutraipally^{of Gai't'i'nilu" t tlu petitioner has not tuned up '"}

Per contra,^{learnedcounselfor the petitionersubmitsthat no such} communication^{was made to the petitioner and furthersubmits that the} plot No.366^{which is allottedto the petitioner is adiacentto the burial} grounds^{and there are no other housesarounclthere and the sameis very} I far from^{the colony' Thus'the petitioneron L3'03'2025 and 17'03'2025 madeI} representations^{and requestedthe respondentNos'2 and 4 to allotPlot} No.10/ A^{and the respondent authoritiesdid not considered the same'} Hence,^{learned counsel for the petitioner pray this Court to directthe} respondent^{authoritiesto allot Plot No'10/ A instead of Plot No'366} situated^{at R&Rcolony' Mutraipallyto the petitioner'}

Recording^{the above submissionsand having considered the above} facts^{and circumstance' this Court deems it fit to dispose of the writ} petition^{witha direction to resPondentauthorities to reconsider the case of} and after^{givinga fair opporrurutyof hearingto the} the petitioner authorities^{shall pass freshorders'as} petitioner,^the respondent

4

expeditiously as possible, preferably, within a period of three (03) weeks from the date of receipt of copy of this order and communicate the same to the petitioner.

Accordingly, this writ petition is disposed of. Miscellaneous

applications, if any pending, shall stand closed. No order as to costs.

//TRUE COPY//

SD/-MOHD. IS AIL DEFIUry REGIS R

SECTION OFFICER

To,

The Principal Secretary Land Acquisition Department , Secretariat, T.S.,Hyderabad.

fhe District Collector, Siddipet.

The Revenue Divisional Officer, Gajwel, lntigreated Office Complex, Siddipet, Telangana State.

The Thasildhar, Thogutta/Gajewel, Thogufta Mandal, Siddipet, Siddipet Dist, Telangana State.

One CC to SRl. DANTU VENKATA RAMANA SARMA, Advocate [OPUC] 6. Two CCs to GP FOR LAND ACQUISITION ,High Court for the State of Telangana at Hyderabad [OUTj

Two CD Copies t BM

GJP

s

/

HIGH^COURT

DATED:1^5104't2025

o ir lHL= S r4
,/, a
]J t'
11JUl'l 2ffi
r)
2" ).
4' ,,2
.,/
I:1^1 a, :r :./"

ORDER

WP.No.1090'+^{of 2025}

DISPOSING^{OF THE WRIT PETITION} WITHOUT^{C OSTS}

I

Gifoe' %*