Disposed

Saraff Govindnath Rao v. The State of Telangana

Telangana HC22 Jan 2025WP/19852/2021

Case brief

AI extract

What is this about?

Petitioner alleged forcible laying of a road through his patta land in Sy.No.205 without notice or acquisition proceedings. The Court found a recorded pathway passing through Sy.Nos.183, 205, 189 and 190 per the village map, directed a survey, confined road-laying to that extent, and ordered acquisition under the 2013 Act with compensation within three months if excess land was taken. Petition dis

What did the court decide?

Writ petition disposed: respondents directed to conduct survey of Sy.Nos.183, 205, 189, 190, lay road only as per village map, and initiate land acquisition and pay compensation under the 2013 Act wit

Saraff Govindnath Rao Vs The State of Telangana — Land Acquisition | Telangana HC (2025)

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

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WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION NO:^'19852 OF 2021

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Between:

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Saraff Govindnath Rao, S/o. late Sri Narasimha Rao, Aged about 65^years, Occ. Agriculture, Rl/o. Thummanpet Village, Balmour Mandal, Nagar Kurnool District.

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...PETITIONER

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AND

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The State of Telangana, rep. by its Principal Secretary to Panchayathraj Department, Secreteriat, Hyderabad.

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The District Collector, Nagar Kurnool District, Nagar Kurnool^- 509209

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The Revenue Divisional Officer, Achampet Division, Achampet^- 509375. 4. The Tahsildar, Balmour Mandal, Nagar Kumool District - 509401. 5. The Chairman, Mandal Praja Parishad, Balmoor Mandal, Nagar Kurnool District - 509401 .

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The Mandal Development Officer, Mandal Praja Parishath, Balamoor, Balamoor Mandal, Nagar Kurnool District^- 509401.

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The Superintendent of Police, Nagar Karnool District, Nagar Kurnool-509209. B. The Addl. Superintendent of Police, Nagar Karnool District, Nagar Kurnool509209.

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The Station House Officer, Achampeta Police Station, Nagar Kumool District509375.

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10.The Sub-lnspector of Police, Balmoor Police Station, Nagarkumool District - 509401 .

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1 1. Sri Ayineni Tirupathi Rao, Sarpanch, Thummanpet Village, Balmoor Mandal, Nagar Kurnool District - 509375

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...REspoNDENTs

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Petition under Article 226 ol the Constitution of lndia^praying thatⁱⁿ the circumstances stated in the affidavit filed therewith, the High Court^{may be} pleased to issue a writ or order more particularly one in the nature of writ of mandamus declaring the action of the respondents without notice of^surveyand demarcation on the petitioner land along with^joint owner to an extent of^Ac.1-27 Gts in Sy.No. 205 situated at Thummanpet Village, Balmour Mandal, Nagar Kurnool District alleged to have taken^place on dt.19171202'l behind back of the petitioner without following the due process of law is illegal, arbitrary and against

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the principre of naturar justice, viorative of Article 14, 19, 21 and 300-4 of rndian constitution.

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lA NO: 1 OF 2021

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Petition under Section 151 cPc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondents not to ray road on the property of the petitioner land arong with Joint Owner to an extent of Ac.1_22 gts in Sy. No. 205 situated at Thummanpet village' Barmour Mandat, Nagar Kurnoor District viorating the constitutional provisions under Article 14, 19,21 and 300_4 of Constitution of lndia and not to dispossess the petitioner arong with Joint owner from his patta rand of Ac.1-27 gts in Sy. No. 205 situated at Thummanpet Village, Balmour Handal, Nagar Kurnool District pending disposal of the above writ petition.

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counsel for the petitioner: SRJ HANUMANTH RAo FoR sRr .HAVA sRrNrvAs counser for the Respondent No.1: e p ron iri^ii-rAyAT RAJ & RURAL DEV Counset for the Respondenr Nos.2 fo +i s-nr'i.ilavrruoen, AGp FoR

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counset for the Respondent Nos.s & 6: sRr S.iXt#X,B=- REDD', sc FoR counset for rhe Respondenr Nos.7 To 10, c#F8i=ttora Counsel for the Respondent No.11 : _

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The Court made the following: ORDER

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,.,|.

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HON'BLE SRI JUSTICE C.V.BHASKAR REDDY

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WRIT PETITION No.19852 of 2O2L

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ORDER:

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Tl-ris Writ Petition, under Article 226 of the Constitution of

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India, is fiIec1 seeking the follorving relief:

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"..-.lo i-ssue a uit or order more particularly one in the nature of uit of mandamus declaring the action of the respondents uithout notice oJ' suruey and detnarcetion on the petitioner land along uith joint otuner to an extent oJ' Ac.1.27 Gts in Sy.No.2OS situated at Thummanpet Village, Balmour Mandal, Nagar Kumool Distict alleged to haue taken place on dated 19/7/2021 behind back of the petitioner Luithout follouing the due process of lctw is illegal, arbitrary and egeinst the pinciple of natural^justice uiolatiue of Articles 14, 19, 21 and 3OOA of Indian constitution.... "

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Considered the submissions of the learned counsel for the respective parties and perused the record

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It is stated that the petitioner herein along with one Sri Vamshi Krishna are the joint o\rners and possessors of land 1n admeasuring Ac.l 27 guntas Sy.No.205 situated at Thummanpet Village, Balmour Mandal, Nagar Kurnool District, which are abutting to the Thummanpet Village and the revenue authorities have mutated their names in the revenue records and also issued pattadar passbooks and title deeds in their favour. It is the case of the petitioner that without any authority and lawful

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entitlement, when respondent No.1 I tried to lay road on the said property, he made a number of representations before the respondent-authorities, but no action has been taken on the said representation s. The grievance of the petitioner is that the action ori the part of respondent No. 11 in trespassing into the subject lands for laying road, without initiating the land acquisition proceedings and without paying of compensation is illegal and arbitrary.

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Sri Hanumanth Rao, learned counsel appearing fo1 the petitioner, submitted that under the guise of laying a pathway, the respondent-authorities are forcibly encroaching land of the petitioner in Sy.No.2OS; and the respondent authorities are not having any power or authority to take forcible possession of the petitioner's land u,ithout following the dure process of lau..

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Sri L. Ravinder, learned Assistanl Government Pleader of Revenue appearing for respondent Nos.2 to 4 on instructions would submit that there exists a pathway from Thummanpet Village to Gattuman Village passing through the lands in Sy.Nos. 183, 2O5, 189 and 19O of Thummanpet Village. It is further submitted that the recorded pathway is O.4O Annas i.e., 8-3 as per the Metric links, and the village map of Thummanpet

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.:"a-:..i:z. ./' ,,|,,,

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Village clearly indicates that the pathway (Kalibata) passing through Sy.Nos. 183, 2O5, 7a9 and 190; and the contention of the petitioner that the respondent authorities are laying a road through his patta land is incorrect. In support of his contentions, learned Assistant Government Pleader for Revenue has placed the photo copies of the village map of Thummanpet, Tounch Map of pathway prepared by the Surveyor along with the panchanama.

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A careful examination of the village map of Thummairpet Village clearly indicates that the pathway (Kalibata) is passing through Sy.Nos. 183, 2O5, 189 and 190 and if any road is laid over and above existing pathway and same is effecting the lands of the petitioner, he is entitled for compensation in accordance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short the Act, 2013.

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{

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7 . In view of the above, this Court is of the opinion that ends of^justice would be met if the respondents are directed to conduct survey in respect of the lands in Sy.Nos. 183, 205, 189 and 19O situated at Thummanpet Village, Balmour Mandal, Nagar Kurnool District ancl shall la1, 11-r. road only to an extent as

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depicted in the village revenue map.^{If any road is laid over and} above the existing^pathway, the^{respondentsshall initiate land} acquisition proceedings as^per the^{Act, 2O13 to the extent of the} land acquired ald pay compensation in^terms of^{the said} provisions of the Act, as expeditiously as^possible, within^a period of three (3) months from the date of^receipt of a^{copy of} this order.

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With the above observations this Writ Petition is^disposed

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of. No order as to costs

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As a se quel, the miscellaneous petitions^pencling, if^any,

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sl-rall stand closed.

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SD/.,4.V.S. P AD ASSISTANT REGI TRAR

//TRUE COPY//

SECTION FFICER

1 . The Principal Secretary to Panchayathraj Department, Secreteriat, Hyderabad, State of Telangana.

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The District Collector, Nagar Kurnool District, Nagar Kurnool - 509209 3. The Revenue Divisional Officer, Achampet Division, Achampet - 509375. 4. The Tahsildar, Balmour Mandal, Nagar Kumool District - 509401. 5. The Chairman, Mandal Praja Parishad, Balmoor Mandal, Nagar Kurnool District - 509401.

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The Mandal Development Officer, Mandal Praja Parishath, Balamoor, Balamoor Mandal, Nagar Kurnool District - 509401 .

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The Superintendent of Police, Nagar Kamool District, Nagar Kurnool-509209. B. The Addl. Superintendent of Police, Nagar Karnool District, Nagar Kurnool509209.

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The Station House Officer, Achampeta Police Station, Nagar Kurnool Distric! 509375.

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The Sub-lnspector of Police, Balmoor Police Station, Nagarkurnool District - 509401.

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'1'l . One CC to SRI CHAVA SRINIVAS, Advocate IOPUC] 12.Two CCs to GP FOR PANCHAYAT RAJ & RURAL DEV, High Court for the State of Telangana, at Hyderabad. IOUTI

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