Disposed

S. Lachi Reddy v. The State of Telangana

Telangana HC2 Jan 2025WP/36951/2024

Case brief

AI extract

What is this about?

This court addressed a writ petition alleging illegal road widening affecting agricultural land without notice. The court directed authorities to survey and demarcate the disputed land, initiating acquisition proceedings under the Land Acquisition Act, 2013, if encroachment is found, and ordered a preliminary survey by a specific date.

What did the court decide?

Directed respondent authorities to survey and demarcate disputed land; if encroachment found, initiate land acquisition proceedings and pay compensation under the 2013 Act. Ordered petitioners to prov

S. Lachi Reddy Vs The State of Telangana — Land Acquisition | Telangana HC (2025)

¶1

[³¹⁶⁶ ]

¶2

HIGH COURT FOR THE STATE OF^TELANGANA AT HYDERABAD

¶3

(Special Original Jurisdiction)

¶4

THURSDAY ,THE SECOND^{DAYOF JANUARY} TWO THOUSAND AND TWENTY^FIVE

¶5

PRESENT

¶6

THE HONOURABLE SRI JUSTICE^T.VINODKUMAR

¶7

WRIT PETITION NO: 36951^{OF 2024}

¶8

Between:

¶9

S. Lachi Reddy, S/o.^{Narsaiah,Agedabout63 years,Oc-c.Agricultulg,.Rl/o'} H.Uo. 6- 32, Uppara Mallial Village;^{Gangadhara Mandal, Karimnagar District}

¶10

S. Shivachbndia Reddv,^{S/o. -Lachi Reddy, Aged about35 years,} .Occ' Agriculture, Both are^{Fyb.H.No. 6- 32, Uppara MalliyalVillage, Gangadhara} Mandal, Karimnagar District

¶11

...'ET.T.ONERS

¶12

AND

¶13

1 The State of Telangana,^{Rep. by its Principal Secretary, Roads and Buildings} Department, Secretariat,^Hyderabad.

¶14

2 ih5^giecriire Engineer,^{Roadsand Buildings, KarimnagarDivision,} Karimnagar, Karimnagar^District

¶15

5 The District Collector, Karimnagar^District. 4 fhe Revenue Divisional Officer,^{Karimnagar Division,Karimnagar,} Karimnagar District

¶16

...RES'.NDENT'

¶17

Petition under Article 226 ot^{the constitution of lndia prayingthat in the} circumstances stated in the^{affidavit filedtherewith, the High court may be} pleased to issue appropriate writ, order or^{directionmore particularly writ of} mandamus declaring the^{action of the Respondents,without followingthe due} process of law to widening the road^{from Asifnagar (Kothapally mandal) to} Kurikyla (Gangadhara mandal)^{Karimnagar, and interfering with the possession} of the^{petitioners propertyof agriculture land admeasuringAcre 4- 0850 Guntas} in sy. Nos. 2g8tE11,301/A^{and 71BlAtA, situated at Uppara MalliyalVillage,} Gangadhara Mandal,^{Karimnagar District,is illegal, unconstitutional, and violates} the Articles 21 and 300-^{A of the constitutionof lndia, and consequentlydirect} the Respondents that^{not to interfere with the possessionof the petitioners} agriculture land admeasuring^{Acre 4- 0850 Guntasin sy. Nos.2981E11,3O1lA} and 718tNA, situated at^{Uppara Mallial Village, GangadharaMandal'}

¶18

Karimnagar District without issuing notice/notificatio n and withor.rt following due process of law to acquire the property lA NO:^'l OF 2024

¶19

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 pli:ased to direct the respondents herein not to interfere with the possession of the petitioners agriculture land admeasuring Acre 4-0850 Guntas in Sy. Nos. 2981E11, 301/A and 71BlAlA, situated at Uppara Malliyal Viltage, Gangadhara Mandal, Karimnagar District, without following due process of law

¶20

Counsel for the Petitioner: SRl. AEDULA GOVINDA REDDY Counsel forthe Respondent Nos. 1&2: GP FOR ROADS AND BUILDINGS Counsel for the Respondent Nos. 3&4: GP FOR REVENUE

¶21

The Court made the following: ORDER

¶22

THE HON'BLE SRI JUSTICE T. VINOD KUMAR

¶23

WRIT PETITION No.36951 OF 2024

¶24

ORDER:

¶25

Heard learned Counsel for the petitioners,^learned Government Pleader for Roads &^{Buildings appearing on behalf} of respondent Nos. 1 and 2,^{Iearned Government Pleaderfor} Revenue appearing on behalf of^{respondent Nos.3and 4 and} with the consent of learned Counsel appearing^{for the parties,} the Writ Petition is taken up for^{hearing and disposalat the} stage of admission.

¶26

The case of the petitioners, in brief, is that^{they are the} owners and possessors of land in Sy.^No.298 lEll,3OllA^and 718lAlA, admeasuring Ac.0.37^gts., Ac.3.O9^gts and^Ac.O-O2Yz gts, respectively in Uppara Maliyal village of Gangadhara Mandal, Karimnagar District; and that the^respondent authorilies withoul issuing any^{notice for acquiringthe lands} are interfering with the possession of the^{petitionersoverthe} lands by undertaking widening of the road from^Asifnagar (Kothapally Mandal) to Kurikyla (Gangadhara^Mandal) Karimnagar District, which action it is contended^{is highly} illegai, unconstitutional, and violative of Articles 21^{and 3O0-A} of the Constitution of India.

¶27

¶28

'.,

¶29

Petiticrners further contend that on account of the respondents taking up widening of lhe aforemenrroned road including the land of the petitioners in Sy. No.298/ tr/ 1 and 301/A, wherein cultivation of paddy crop undertaken by them is being affecled and thus seeks a direction to resr_rain the respondents from interfering with their possession over the land without following due process of law.

¶30

Per contrcL, learned Government Pleader appearing on behalf of respondents submits that the respondent authorities have taken up the work of widening ol the existing road, including th6 12n61 left as Right of Way (RoW).

¶31

Learnr:d Government Pleader further submits that since the authorities have only undertaken re-carpeting of thc existing black top ro,td by including the adjoining ROW, the atrthorities did not initiate any land acquisition proceedings.

¶32

Learned Government Pleader further submits that the petitioners taking advantage of the non-existence of road over RoW on the^,rther hand have undertaken culLivation beyond the land possessed by him.

¶33

I have taken note of the respective contentions ur13ed.

¶34

The pattadar passbook issued by the Government of Telangana s;hows the petitioners to be the own,:rs and

¶35

¶36

possessors of land to an extent of Ac.0.37 gts and Ac.3.09 gts in Sy. No.298/E/ 1 and 301/A of Uppara Maliyal viliage of Gangadhara Mandal, Karimnagar District and thus the title bf the petitioners to the aforesaid land is not in dispute. The only dispute is as to whether the respondent authorities have undertaken widening of road without issuing any notice, thereby encroaching into the petitioners land in the aforesaid survey numbers or the petitioners have undertaken cultivation in the land which is left as ROW. The said question of fact canno[ be decided on mere assertions in the affidavit or on the basis of photographs filed without undertaking a comprehensive sLrrvey.

¶37

In view of the above, this Court rs of the view that the respondent authorities, particularly the 4ff respondent is to be directed to get the land of the petitioners in Sy. Nos.298/E/ 1 and 301/A of Uppara Maliyal village of Gangadhara Mandal, Karimnagar District, surveyed by the concerned survey authorities and to demarcate the same. On the respondent authorities undertaking survey as directed by this Court, if it is found that any part of the land of the petitioners has been affected by widening and laying of black top road, the 2"d respondent is required to initiate land acquisition proceedings

{

I i t I I j

for paymen t of compensation under the provisions o I Right to Farr Compensation, and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 20 13 (for short^,tLLe Act,). 1O. Since the petitioners claim that the respondent authorities are proceeding with the laying of roa,l in the petitioners land, this Court is of the view that the respondenl authorities zrre to be directed to undertake preliminary survey of land on or before 10.01.2025.

¶42

Furthr:r, as this Court now directed the respondent authorities to conduct a survey to demarcatc the larrd of the petitioners in the alorementioned survey numbcrs Lo the extent as indicated in the patta passbook, the petitioners are directed to make etvailable copies of the sale deeds to ide rtifv the boundaries of the land of the petitioners.

¶43