Nimma Rama Chandra Reddy, Vs State of Telangana

Nimma Rama Chandra^{Reddy,,S/o Late. Seetaram ReddyAged.52years, Occ} Pvt. Service, Fl/o H.No.6-3-6^{Oit+anO 5, Nimma Dasari Nilayam, HilltopColony,} Khairtabad, Hyderabad 500004.

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.....PETITIONER

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AND

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State of Telangana,^{Rep by its Principle Secretary,Revenue Department,} Secretariat, Hyderabad^500004.

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The District Collector,^{Medchal-tvlalkajgiri District.}

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The Revenue^{DivisionalOfficer/LAO, MedchalMalkajgiri District'}

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The Tahsildar, Medchal^{tvlandalMedchal-Malkajgiri District'}

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The Commissioner,^{Medchal municipality, Medchal-Malkajgiri District'}

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.....RESPONDENTS

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Petition Under Article^{226 of lhe constitution of lndia praying that in the} circumstances stated in^{the affidavitfiledtherewith, the High courtmaybe} pleased to issue a writ, order or^{Direction more particularly one in the natureof} writ of Mandamus declaring^{the action of the. Respondentsin acquiring the} Petitioner,s land admeasuring^{100 Sq yds. in Sy. No. 99/AA, MedchalVillage for} laying road between^{Raghavendracolony (Gokhul Nagar) to KLRVenture without} following the due^{processof Law and not paying the compensation as arbitrary,} illegal and violative of^{Article 21 and 3004 of the constitution of lndiaand} consequenfly direct^{the Respondentsto pay compensation together with interest} and costs.

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Petition Under section 151 CPC^{prayingthat in the circumstances statedin} the affidavit filed^{in support of the petition,the High Couft mav be pleasedto} grant interim directions,.directing the Respondents^{to initiate the processof Land} Acquisition and to^pay compensation^{as per The Rightto Fair Compensationand} Transparency in Land Acquisition,^{Rehabilitationand ResettlementAct, 2013} within a period of 3 months^{pending disposal of the writ petition.}

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Counsel for the^{Petitioner : SRI C.M'R.VELU}

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Counsel for the Respondent^{Nos.l, 2 & 4: GP FOR REVENUE}

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Counsel for the Respondent^{No.3: G.P FORLAND ACQUISITION}

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Counsel for the Respondent^{No.S : SRIB.JAGAN MADHAVRAO}

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The Court made the following^ORDER

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THE HON'BLE SRI JUSTICE T. VINOD KUMAR

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Writ Petition t{o.28579 of 2O24

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ORDER:

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Heard learned counsel for the petitioner; learned Government Pleader for Revenue appearing for respondent nos.l, 2 and 4; learned Government Pleader for Land Acquisition appearing for respondent No.3; and Sri Putta Krishna Reddy, learned Standing Counsel, appearing for respondent No.5 and perused the record.

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The case of the petitioner, in brief, is that he is the absolute owner of agricultural land in Sy.No.99/AA situated at Medchat Village; and that the respondents-authorities have laid a road during the yeat ZO17 between Raghavendra Colony (Gokhul Nagar) to KLR Venture through the petitioner's land, to an extent of 100 square yards without initiating any land acquisition or passing award and paying compensation for the said land, which action it is contended is highly illegal, arbitrary and in violation of Articles 14 and 300-A of the Constitution of India.

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It is the further contention of the petitioner that despite he approaching the respondents-authorities and submitting multiple representations right from the year 2017 to 2019, the same did not yield any positive response from the respondents-authorities, nor the respondents-authorities have initiated action for acquiring the his land, for

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2

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laying the^{connectingroad behveen Raghavendra Colony and KLR} Venture.

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4 Counter-affidavit^{is filed on behalf of respondent No'5'}

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5, By the counter-affidavit,^{it is contendedthat thereexisted an} internal 25^{feet road of layout in Sy'No'100connectedto the 30 feet road} leading to^{KLR venture and the connectingroad has been in existence} from the time^{of rnakingof layoutin the landin Sy'No 100 and during the} yeat 2017, the then^{Nagar Panchayat connectedthe 25 feet layout road in} the land^{in Sy.No.100to the 30 feet road, leadingto KLR venture'}

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By the counter-affidavit,^{it is further contendedthat the 2d} the representation^{of the petitioner} respondent^{bY considering} dt.26.t0.2023^{addresseda letter dt 15'10'2024 to the 5n respondentto} submit a^{report on the petitioner's representationand the 5s respondent} had accordingly^{submitteda report dl'lg'l}'2074'stating that the CC} road was^{laid on the existing katcharoad and since there is no} demarcation^{of the land claimed by the petitioner in sy.No.99/AA,the said} respondent cannot^{considerthe aforesaidrepresentation'}

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By the counter-affidavit,^{it is further claimedthat unless there is} demarcation^{of the land of the petitioner,the said claimof the petitioner} oftherespondentshavinglaidaroadinhislandwithoutinitiatingland acquisition^{proceedings cannotaccepted}

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I have taken note of the respective mntentions urged.

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The fact of petitioner being owner of land to an extent of Ac.1.23 guntas in Sy.l{o.99/AA is borne out from the pattadar passbook issued by the revenue authorities and the same is not in dispute. While the petitioner claims of the respondents-authorities having laid a road connecting Raghavendra Colony and KLR Venture, the respondents by the counter affidavit claim that there existed a katcha road garlier, on which only, the authorities have {aid a CC road/BT road and therefore there is no encroachment by them.

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Since the said claim and counter claim of the petitioner and respondents are factual disputes, the same cannot be gone into in a Writ Petition under Article 226 of the Constitution of India. However, it is to be noted that since the factum of petitioner being owner of land admeasuring Ac.1.23 guntas in Sy.No.99/A is not in dispute, the authorities should ensure that the petitioner is in possession of the said extent of land, as the respondents claim that no part of the petitioner's land has been used for laying a connecting road between Raghavendra Colony and KLR Venture for them to initiate land acquisition proceedings.

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Further, as the 5m respondent by the counter-amdavit had claimed that the CC road was laid by the then Nagar Panchayat on the existing katcha road and there is no encroachment by the authorities of the land of

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the petitioner in Sy.No.gg/AA admeasuring Ac.1.23 guntas, this Couft is of the view that the respondents-authorities i.e. revenue and municipal authorities, are to be directed jointly to get the land of the petitioner in Sy.No.gg/AA surueyed and demarcate the land of the petitioner to an extent of Ac.1.23 guntas by fixing boundaries therefor, within six weeks from today. It is made clear that while undertaking survey of the land of the petitioner, the authorities shall put all the concerned parties on notice.

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Fufther, during the conduct of survey, if it is noticed that any part of the land of the petitioner is used for laying the connecting road between Raghavendra Colony and KLR Venture, the concerned authorities shall take steps immediately for issuing requisition for acquiring the said extent of land and the concerned land acquisition authority shall initiate land acquisition proceedings and complete the entire process of land acquisition proceedings including the payment of compensation within a period of six months from the date of receipt of the requisition.

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Subject to above direction, the Writ petition is disposed of. No order as to costs.

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t4. Miscellaneous petitions, if any, pending in this; writ petition shall

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stand closed.

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SD/- V.KAVITHA ASSISTANT REGISTRAR

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//TRUE COPY// SE TION OFFICER

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To

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1 . The Principal Secretary,^{Revenue Department,Secretariat, State of} Telangana at Hyderabad^500004.

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The District Collector,^{Medchal-Malkajgiri District.}

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The Revenue Divisional^{Officer/LAO,Medchal-Malkajgiri District.}

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The Tahsildar, Medchal Mandal^{Medchal-Malkajgiri District.}

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I 5. The commissioner,^{Medchal Municipality,Medchal-Malkajgiri District.} [ 6. Two CCs to Two CCs to CCs to to^{Gp FOR FORREVENUE, High court for the state of Tetangana High court for the state of Tetangana court for the state of Tetangana for the state of Tetangana the state of Tetangana state of Tetangana of Tetangana}

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Two CCs to Two CCs to CCs to to^{Gp FOR FORREVENUE, High court for the state of Tetangana High court for the state of Tetangana court for the state of Tetangana for the state of Tetangana the state of Tetangana state of Tetangana of Tetanganaat} Hyderabad. [OUTI

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