Mekala Venkata Reddy, Vs The State of Telangana — Land Acquisition | Telangana HC (2025)

Mekala Venkata Reddy, Vs The State of Telangana — Land Acquisition | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of without expressing any opinion on the merits, directing the respondent authorities to follow due process of law before initiating any action on the subject property (Ac.01.00 guntas in Sy.No. 444 of Palwancha Village); miscellaneous applications, if any, to stand closed; no order as to costs.

Issue for consideration

Whether the action of respondent Nos. 2 and 3 and their officials in seeking to appropriate and take over the petitioner's land admeasuring Ac.01.00 guntas in Sy.No. 444 of Palwancha Village, Kothagudem Mandal and District, without following due process of law, is illegal and arbitrary and contrary to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and the Constitution of India.

Court's answer

Without expressing any opinion on the merits, and recording the submissions of counsel on either side (including the Government Pleader's statement that due process of law would be followed), the writ petition is disposed of directing the respondent authorities to follow due process of law before initiating any action on the subject property.

Ratio / Principle

Miscellaneous applications, if any pending, shall stand closed and there shall be no order as to costs.

Detailed headnote1 paragraphs

High Court for the State of Telangana (N.V. Shravan Kumar, J.; order dated 01.04.2025 in W.P. No. 25523 of 2018): The petitioner, Mekala Venkata Reddy, filed a writ petition under Article 226 of the Constitution seeking a mandamus declaring illegal and arbitrary the action of respondent Nos. 2 and 3 (Revenue Divisional Officer, Palwancha and Tahsildar, Palwancha Mandal) in seeking to appropriate and take over his land admeasuring Ac.01.00 guntas in Sy.No. 444 of Palwancha Village, Kothagudem Mandal and District, without following due process of law under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and to forbear them from unilateral action. At the hearing, counsel noted an earlier interim order dated 24.07.2018 restraining the authorities from interfering with the subject property, and the learned Assistant Government Pleader for Land Acquisition stated that the authorities would follow due process of law before initiating action. Recording the submissions on either side and without expressing any opinion on the merits, the Court disposed of the writ petition directing the respondent authorities to follow due process of law before initiating any action on the subject property. Miscellaneous applications, if any, were closed; no order as to costs.

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

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

PRESENT

THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

WRIT PETITIO N NO: 25523 oF 2018

Between:

Mekala Venkata Reddy, S/o.Sri papi Reddy,.. Aged about 57 years, occ. Retd. Emotovee Ryo. ivora mparry. Ei niuir"Virrrg;, ;]rU#b";, urliE!r, Bhadradri, Xframmam District. ' '

...PETITIONER

AND

1 The State of Telanoana. reo. by its principal Secretary, Revenue Department, Secretariat, Hyderaibad.'

a

The Revenue Divisional Officer, palwancha, Khammam District.

3 The Tahasildar, Palwancah Ir,4andal, Bhadradri, Khammam District.

...RESPONDENTS

Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order of direction more in nature writ of mandamus declaring the action of the respondents, more specificary respondent No. 2 and 3 and its officiars in seeking to approprate and take over the petitioner rand admeasuring Ac.01.00 guntas in Sy.No. 444 of palwancha Village, Kothagudam Mandal and District, without forowing due process of raw has iregar, arbitrary, contrary to the provisions of the Act Right to Fair compensations and Transparency in Land Acquisition, Rehabiritation and Resetflement Act of 2013 and Constitution of lndia and consequenfly forebear them from taking any unilaterarry action on the petitioner property without fofiowing due process of raw.

1A NO: 1 oF 2018

Petition^{uniler il:r;tion 151 CPC prayingthat in theiiircLms'tirnces stated} in the affidavit^{fired in ;.rpport of the petition,the High courl may b: pleasedto} direct the^{respc ncle.r:r; herein from in any way enteringor making any} constructions^{on cetit()rers land ad measuring Ac'01 00 gurtas in t y No 444 of} Palwancha^{Villag:e'"o'hagudam Mandaland District'perdinrl dir posal of the} above^writ Petitio^t't

Counsel^{for the Petiti()'rer:SRI V' HARI HARAN} - - ' Counsel^{for the Resp':nO"ntt'e p FOR LAND ACQUISITICN} iu i-i*^{*;Je the ro'lowing: oRDER}

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HONOURABLE SRIIUSTICE N.V.SHRAVAN KUMAR . WRIT PETITION No.25523of2078 -

ORDER:

This writ petition is filed seeking the following prayer:_

"to declare the acfjon of. the responclents more specifcalty respondent No.2 and 3 and its offci'als in seeking to appropnate 1" Tt^ry oo er the p e ti tion c r I a n.i.adme as u r i n g ic. O t.'. 0O gun tas t1 Sy No.a4a of Palwancha Village, Kothrgiraam Utandal and Di,st.rict, without following due'processA ,. fuis illegal, arbitrary, contrary to the proaisions of the'Act Right to Fair Compensations and Transparency^'in Land Acquisition, Rehabilitation and Resettlement Aci of 2013 and Constitution ,f ?1* .and consequently.forebear'tlrcm jo) tuking any u.nilaterally action on the petitioner property uithout foliou,inlg due process of laru.',

Today when the matter has been taken up for hearing, learned counsel for the petitioner submits that this Corrt atde order dated 24.07.201,8, restrained the respondent authorities from interfering the subject property.

Learned Assistant Goverr-rment pleader for Land Acquisition appearing for respondents submits that the respondent authorities will follow due process of law before initiating action on the subject property

Recording the submission made by the learned counsel appearing on either side and without expressing any opinion on the merits of the case, this writ petition is disposed of directing the

2

respond€nl. ;r^{Lj t} llorities^{to follow due processas ( ont(lm p ated under}

iau, beforr: m liltlng^{action on the subject} ProPert-\

Acc ot'r. ir glv, r'vith the^{above directionsthis n'r'it pctition is}

disposecl c,f . l'' Lscellaneous^{applications, if any} 1'enc:^{in11,shal1 stand}

closed. l.r,^(,'r as to costs.

SD/- L, LAI(SHMI BABU ,-,,DEFUTY REGTSTRAR //TRUE COPY'

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i '^'srcrclr oFFrcER I

To, 1. The Princip,at S: r,etary, Revenue Department, SecrLtd.iat, Th,r ltate of Telangana l-1y i. rabad. 2. The Revenue [. i I :;ional Officer, Palwancha, Khammam Dis.ric 3. The Tahas Idirr^:itlwancah Mandal, Bhadradri, Khammirm I)ist.r lt. 4. One CC to Sri ;. Hari Haran, Advocate [OPUC] 5. Two CCs t<r t3l) f rr Revenue, High Courlfor thsstate cf Telangtna, at Hyderabad [CrL,1]

Two CD Cc,pie:

TJ KKS

(

HIGH COURT

DATED:01^104'',7-025

ORDER

WP.No.2552i; '>f²⁰¹⁸

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DISPOSING^{OF THE WRIT PETITION} WITHOUTCOSTS

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