Writ petition challenging the attempt to demolish structures on petitioners' land without compensation. Court directed respondents to follow due process under the Land Acquisition Act, 1894, disposing of the petition without costs.
Directed respondents to follow due process of law under Land Acquisition Act, 1894.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
132521
THURSDAY,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION NO: 5618 OF 2 017
Between:
2 fqd^d1m Pushpa, D/o. P Nageswara Rao, Aged about 34 years, R/o.H.No.25-1-60,Padma Gudem, [r,4anugur,Khammam Dist, Telangana. 3. Paddqm Saritha, D/o. P Nageswara Rao, Aged about 31 years, R/o.H.No.25'1-60, Padma Gudem, lVanugur, Khammam Dist, Telangana.
AND
...RESPONDENTS
-"1., Petition under Article 226 of the Constitution of lndia prdying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to lssue a writ or direction preferably Writ of Writ of Mandamus declaring - the action ol the respondent-iri trying to take poSsessiori of the propeiiy -an extent of 0.03 Guntas in survey number 341 of Padmagudem village, Manuguru Mandal, Khammam Dist, by demolishing the existing temporary structure without paying the due compensation to the petitioners herein as illegal, arbitrary, unjust and contrary to law and violation of Art.14, 21 and 300-4 of the Constitution of
lndia and consequently direct the respondents to follow the due process under the Land Acquisition Act,1 894
l.A. NO 1 OF 2012{WPMP. NO: 6859 OF 20171
Petition under Sectton'1 5'l CPC praying that in the circurnstances stated in the affidavit f led in support of the petition, the High Court may be pleased to direct the respondents not to demolish the property of the petitioners situated in an extent of 0.03 Guntas in survey number 341 of Padm:rgudem village, Manuguru lt4andai, Khammam District without paying the compersation pending disposal of the above writ petition
Counsel for the Petitioner: SRl. E. V. V. S. RAVI KUMAR
Counsel for the Respondent Nos.1&2: SRI P. SRI HARSHA REDDY (sc FoR StNGARENt COLLtERtE:S CO.LTD)
Counsel for the Respondent Nos.3&4: AGP FOR REVENUE
The Court made the following: ORDER
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.56 18 of 2O1-7
ORDER:
Heard Sri E.V.V.S. Ravi Kumar, learned counsel appearing on behalf of thepetitioners, Sri P. SriHarsha Reddy, learned Standing Counsel for Singareni Collieries Co. Ltd., appearing on behalf of respondent Nos.1 and2 and learned Assistant Government Pleader forRevenue appearing on behalf of respondent Nos.3 and 4.
"...to issue a writ or directionpreferably Writof Mandamus declaring the action of the respondentsin trying to takepossession of theproperty an extent of Ac.0.03 Guntas in Survey Number 341 ofPadmagudem Village, Manuguru Mandal, Khammam Dist by demolishing the existing temporary structurewithout paying the due compensation to the petitioners herein as illegal, arbitrary, unjust and contrary to lawand violation of Articles 14, 2t and 300A of the Constitution of India and consequently direct therespondentsto follow the dueprocess under theLand Acquisition Act 1894 andpass...".
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\w 5618 2017
3, The case of the petitioners in brief is that the petitioners are the owners of land to an extent of Ac.0. O3 guntas in Sy.No.341, Manuguru, Khammam District. The re:;pondents acquired the said land for the purpose of Manuguru Open Cost Project in the year 2008 but the respondents have not paid compensation to the petitioners and that the action of the respondents in trying to take possession of the property of the petitioners without paying compensation is illegal. Hence the petitioners approached this Court by filing the prersent writ petition.
4, This Court vide its order dated t7.02.2017 passed interim order in favour of the petitioners observing as under:
"At request of the learned Standing Courrsel, post after two (2) weeks.
fn the meanwhile, there shall be status guo as regards the structures of the petitioners, property situated in an extent of Ac.O.O3 guntas in sy.No.341 of Padmagudem Village, Manuguru Mandal, Khammam District,,.
J
wP 5618 2017
However, there shall beno order as to costs.
The miscellaneous applications,if any pending, shallstand
closed.
SD/.N. SRIHARI
ASSIS T REGISTRAR
//TRUECOPY//
CTIONOFFICER
To,
t. The Chairman,Singareni Colonies Limited'lrilanuguru Area' Khammam District, TelanganaState' ru""s;u'1]: : : "
t. District, TelanganaState' 2 ru""s;u'1]: : : " 3 - +i[[i,:,,",':ffi$mnilffi il,'fffi 4 5 '+[,""["Ji#{+'Pd"{t'lll"ruy;[wBH;'fi.1T'[1?'ixff iln"nun''" 6. 7. g[?ltgll,$t *y'E Effiillwt # !'srr".lRsxRL *'
Two CDCoPies BM GJP
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HIGH COURT
DATED:2310112025
ORDER
WP.No.5618 of 2017
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DISPOSING OF THE WRIT PETITTON WITHOUT COSTS
<br>
1 issue framed by the court
Whether the respondents can take possession of the petitioners' property without paying due compensation?
4 provisions across 3 enactments
Adqam Bhadramma
Pushpa
Saritha
Anusha
The Singareni Colonies Limited
The Chief General Manager, The Singareni Colonies Limited
SUREPALLI NANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
