Kota Reddy, Vs The State of Telangana

1. The speciar Depitv c^or"it"1r.wl'Liioil]Xoiuoad District - s04311 3. rhe Addt. Aoent t6_cove,nrbni -' jno'ir6'ib;i:^{q iv I ,vJvv} offG;'i.i.o.dii]wj utnoor., Adilabad Disirict - 5043ii

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The competent Authority . for Land Acquisition and Additionar corector, _^{Mancheriar,o/o. Mancheriar} vilag' Jnd vliirrr anJoistiic'il's"o+70e"""' 5. The District coilector. Agent to"covernrient n,tancr,eriar, o/o. Mancheriar Village and Mandal and Oistrict _ SO-+ZOA^{" "'}

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...RESPONDENTS

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Petition under Articre 226 of rhe constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an appropriate writ, order, or Direction, more particurarry one in the nature of writ of Mandamus or any other appropriate writ to decraring the action of the respondents NOT disbursing the award of Rs.7,36,092/_ (Rupees Seven Lakhs Thirty-six Thousand and Ninety-Two onry) for the acquired rand of 478.528 sq. Mtrs., as per National Highways Act, 1956 Sec 3(E)(1) under the Right to Fai compensation and rransparency in Land Acquisition, Rehabiritation and Resettlement Act, 2013 in Survey no. 139 situated at Mandamarri Viilage and Mandal beronging to the petitioner is iilegar, arbitrary, and discriminatory, and it violates Articles 21 and 3004 of the constitution of India and consequenfly, direct the respondents to disburse the amount Rs.7,36,092/- (Rupees seven Lakhs Thirty-six Thousand and Ninety-Two onry) for the acquired the land of 478.528

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In

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sq. Mtrs., in Survey no.1 39 situated at lVlandamarri Village and Mandal to the petitioner forthwith

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lA NO: 1 OF 2025

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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 to disburse the amount Rs.7,36,092/- (Rupees Seven Lakhs Thirty-six Thousand and Ninety-Two only) for the acquired land of 47g.s2B sq. Mtrs., in Survey no.139 situated at Mandamarri Viilage and Mandal to the petitioner by disposing the representations dated 21 .Ol .2020, 15.04.2021, 25.03.2023, 27.07.2024, 12.09.2024 and 26.09.2O24, pending disposat of the main Writ Petition

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Counsel for the Petitioner: SRl. RAMESH CHILLA

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Counsel for the Respondent Nos. 1to3: Gp FOR TRIBAL WELFARE Counsel for the Respondent Nos.4&5: cp FOR LAND ACeIISITION

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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 No.323 of 2025

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ORDER:

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This Writ Petition is filed with the following prayer:

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'For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue an appropriate Writ, Order, or Directioo, more particularly one in the nature oF Wrat of Mandamus or any other appropriate writ to declare the action of the respondents NOT disbursing the award of Rs.7,36,092/ (Rupees Seven Lakhs Thirty Six Thousand and Ninety Two only) for the acquired land of 478.52g Sq.Mtrs. as per National Highways Act, 1956 Sec 3(EX1) under the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 in Survey No.139 situated at Mandamarri Village and Mandal belonging to the petitioner is illegal, arbitrary and discriminatory and it violates Articles 21 and 3004 of the Constitution of India and Consequently direct the respondents to disburse the amount Rs.7,36,092l (Rupees Seven Lakhs Thirty Six Thousand and Ninety Two only) for the acquired land of 478.528 Sq.Mtrs, in Survey No.139 situated at Mandamarri Village and Mandal to the petitioner forthwith and to pass order or orders as this Hon'ble Court may deem fr-t and proper in the circumstances of the case and in the interest of justice.'

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Heard learned counsel for the petitioner, learned Government Pleader for Tribal Welfare appearing for respondent Nos.1 to 3 and learned Government^pleader for Land Acquisition appearing for respondent Nos.4 and 5 and with the consent of the learned counsel appearing for the parties, the'Writ^petition is taken up for hearing and disposal at the admission stage.

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The case oF the petitioner. ln brief, is that the respondentsauthorities, despite passing an award, are not paying the compensation

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amount him, which action of the respondents, it is contended as highly illegal and arbitrary.

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Per contra, learned Government Pleader appearing on behalf of the respondents would submit that since, the award records of existence of a dispute and as the subject area is governed by the provisions of the Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959 as amended by Regulation 7 of 1970, the authorities have made reference of the dispute to the Additional Agent to Government on 22.12.2022 and the Additional Agent to Government, who discharges the functions of a Civil Court, has taken the aforesaid reference on record and had issued notices to all the concerned, including the claimants, on 13.03.2023, and thus, since, the subject matter is pending before the Court of Additional Agent to Government, no compensation can be claimed or paid to the petitioner.

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I have taken note oF the respective contentions urged.

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Though the present Writ Petition is filed claiming the action of the respondents in not disbursing the compensation amount as per the award in a sum of Rs.7,36,092/- as being illegal and arbitrary, it is to be noted that the Land Acquisition Authority while passing the award had noted that the compensation amount in a sum of Rs.7,36,092/- in respect of land to an extent of 478.528 square rheters is referred to the competent Civil Court under the National Highways Act, 1956 (for short, 'the Act,), and as such, the said compensation is not being paid to the petitioner.

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;l

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Civil Court under the National Highways Act, 1956 (for short, .the Act,), and as such, the said compensation is not being paid to the petitioner.

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7 ' Further, it is arso to be noted that on such reference being made to the Additional Agent to Government, who discharges the functions of a civil Court in schedured Areas, and the said court having taken the matter on record by issuing notices to the appellant as well as the claimant/respondents therein, the petitioner is required to pursue the aforesaid reference before the concerned court and cannot approach this Court by the present Writ petition claiming that the respondents_ authorities are not paying the compensation amount even after passing of the Award.

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B. Since, the reference made under Section 3G(I) of the Act is seized by the Court of Additional Agent to Government, a project Officer, ITDA utnoor, this court is of the view that the petitioner shourd be reregated to pursue the remedy before the said Cout and not by way of the present Writ Petition.

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9 Subject to above observation, the Writ petition is disposed oF No

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order as to costs.

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