Disposed¶34

Banothu Gopya, v. The State of Telangana

Telangana HC9 Jan 2025WP/24326/2017

Case brief

AI extract

What is this about?

Land acquisition without acquisition proceedings; compensation denied; Article 226 writ; Article 300-A (right to property); park development Mahabubabad (Warangal district); Sy.No.504/2 Ac. 1.07 gts; interim orders compliance; no notification or award issued; Section 151 CPC application (I.A.No.1 of 2017 / WPMP 30116 of 2017); writ petition closed with no costs; miscellaneous petitions closed; disposed without merits; Banothu Gopya v. State of Telangana.

What did the court decide?

No substantive relief granted. The writ petition was closed ('No costs') recording counsel's submission that, in view of the interim orders, the authorities had not proceeded further with acquisition; miscellaneous petitions pending, if any, were also directed to stand closed. ¶34

Banothu Gopya, Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents could seek to acquire the petitioner's land in Sy.No.504/2 (Ac. 1.07 gts), Mahabubabad village and Mandal, for development of a park without initiating land acquisition proceedings and without paying compensation, contrary to Article 300-A of the Constitution. (Raised in the petition; the Court did not adjudicate this issue on merits.)

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Court's answer

The Court, recording learned counsel's submission that in view of the interim orders passed by this Court the authorities did not take further action by issuing notification or passing award for acquiring the petitioner's lands, closed the Writ Petition with no costs, and as a sequel directed that pending miscellaneous petitions, if any, stand closed. No adjudication on the merits of the acquisition challenge.

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Detailed headnote1 paragraphs

High Court for the State of Telangana (T. Vinod Kumar, J.), W.P. No. 24326 of 2017, decided 09.01.2025: The petitioner, owner of Ac. 1.07 gts in Sy.No.504/2 at Mahabubabad village/Mandal, had sought a writ of Mandamus restraining the respondents from acquiring the land for development of a park without land acquisition proceedings or compensation, alleging violation of Article 300-A. At final hearing, learned counsel submitted that in view of this Court's interim orders the authorities took no further steps (no notification or award) towards acquisition. Recording the submission, the Court closed the writ petition with no costs and closed pending miscellaneous applications, if any. No issue of law or fact was adjudicated on merits; the order carries no ratio decidendi and limited citation value beyond evidencing cessation of acquisition steps pursuant to interim orders.

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[³¹⁶⁶ ]

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HIGH COURT FOR THE STATE OF^TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE^{T.VINOD KUMAR}

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WRlT PETITION NO: 24326 OF 2017

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Between:

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Banothu Gopya, S/o.Gonya, Aged about^{80 years,Occ Agriculture,Ri./o.Vinayaka} Thanda, Patti6aka Village,-Mahabubabad Mandal and^{District. (Warangal District).}

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.....PETITIONER

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AND

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The State of Telangana, rep. by its Principal^{Secretary, Revenue Department,} Secretariat, Hyderabad.

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The District Collector, Mahabubabad,^{Mahabubabad District. (Warangal).}

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The Joint Collector, Mahabubabad,^{MahabubabadDistrict.(Warangal).}

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The Revenue Divisional Officer, Mahabubabad,^{MahabubabadDistrict.} (Warangal).

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The Tahasildar, fr/ahabubabad Mandal,^{Mahabubabad District. (Warangal).}

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The Superintendent of Police, Mahabubabad^{District at Mahabubabad.}

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The Circle lnspector of Police,^I town^{Police, Mahabubabad, Mahabubabad} District. (Warangal).

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.....RESPONDENTS

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Petition Under Article 226 of the Constitution^{of India praying that in the} circumstances stated in the affidavit^{filed therewith, the High Court may be} pleased to issue a writ, order or direction^particularly oneⁱⁿ the^{nature of writ of} Mandamus declaring the action^of the^{respondents in seeking to acquire the land} in Sy.No.504/2 admeasuring Ac 1.07gts^{situated at Mahabubabadvillage and} Mandal, Mahabubabad District^{(Warangal) belongs to the petitioner for the} purpose of development of park in the said area without^{initiatingland acquisition} proceedings and without paying any compensation and^{the sameis illegaland}

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arbitrary and violative of Article 300-4 of the constitution of lndia and consequently direct the respondents not to acquire the land Sy.No.504/2

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admeasuring Ac 1.07gts situated at Mahabubabad village and Mandal, Mahabubabad District (wararmal) without land acquisition proceedings or paying compensation to the petitioner.

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l.A.NO:1 OF 2017 (WPMP.NO:30116 OF 20171

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Petition Under section I51 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 not to evict the petitioner from the land in sy.No.504/2 admeasuring Ac 1.07gts situated at Mahabubabad village and Mandal, Mahabubabad District (warangal) without land acquisition proceedings or paying compensation, pending disposal of the above writ petition.

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Counsel for the Petitioner : SRt A.PRABHAKAR RAO

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Counsel forthe Respondent Nos.1 to 5:Gp FOR REVENUE

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Counsel forthe Respondent Nos.6 & 7 : Gp FOR HOME

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The Court made the following ORDER

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.TIIE HON'I}I,E SRI JI.iSTICE t' YINOD KUMAR

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wRt'l' PE'tl'l-loN N^{0.21326of 2017}

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ORD}]R:

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Learned counsel for^{the petitionersubmitsthat in viewof the}

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interim orders passed^{by this Coum,the authoritiesdid not take} further action by^{issuingnotification or passingawardfor acquiring} the lands of the^petitioner.

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