Telang Baby Bai Vs The State of Telangana — Land Acquisition | Telangana HC (2025)

Telang Baby Bai Vs The State of Telangana — Land Acquisition | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of at the admission stage, with the consent of counsel and without expressing any opinion on the merits, directing the respondent authorities to follow due process as contemplated under law before initiating action on the subject property; miscellaneous applications, if any pending, stand closed; no order as to costs.

Issue for consideration

Whether the action of the respondents in acquiring/taking over the petitioners' lands at Battisawargaon Village, Mavala Mandal, Adilabad District, without initiating any land acquisition proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and without paying compensation, is illegal, arbitrary, unconstitutional and violative of Articles 21 and 300-A of the Constitution of India (relief sought: a writ of mandamus declaring the action so). +1 more

Court's answer

Recording the submissions of both sides and without expressing any opinion on the merits of the case, the Court disposed of the writ petition by directing the respondent authorities to follow due process as contemplated under law before initiating action on the subject property.

Ratio / Principle

The miscellaneous/interim applications, if any pending, were directed to stand closed, and no orders as to costs were passed.

Detailed headnote1 paragraphs

Writ Petition No. 7330 of 2025, High Court for the State of Telangana at Hyderabad (N.V. Shravan Kumar J.), decided 10.03.2025 - Three residents of Battisawargaon Village, Mavala Mandal, Adilabad District, claiming ownership since 2023 under registered sale deeds of plots measuring 111.11, 233.33 and 166.66 Sq.Yards, sought a writ of mandamus declaring the respondents' action in seeking to acquire these lands without initiating any land acquisition proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and without paying compensation, as illegal, arbitrary, unconstitutional and violative of Articles 21 and 300-A of the Constitution of India. Learned counsel for the petitioners submitted that the authorities were attempting dispossess the petitioners without notice or due process; the learned Government Pleader for Land Acquisition stated he had no instructions whether the subject land would be acquired and fairly submitted the authorities would follow due process. Recording the submissions, and without expressing any opinion on the merits, the Court disposed of the writ petition at the admission stage (with consent) directing the respondent authorities to follow due process as contemplated under law before initiating action on the subject property; miscellaneous applications were closed and no orders as to costs were made.

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

MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENW FIVE

PRESENT

THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

wRlT PETITION NO: 7330 OF 2025

Between:

'l . Telang Baby Bai, W/o Telang Dattu, Aged about 57 Years, Occ. Household, F/o H.No.4-9-287, Rickshaw Colony, Adilabad, Adilabad District.

Bolshefty Rathnamala, W/o Bolshefty Vaman Rao, Aged about 50 Years, Occ. Household, R/o H.No- 9-89/1, Teachers Colony, Adilabad, Adilabad District,

Korati Prabhakar. S/oGanganna, Aged about 38 Years, Occ. Agriculturist, Ryo H.No. 2-1 4212. Village. Battisawargaon, Mavala Mandal, Adilabad District.

.....PETITIONERS

AND

'1. The State of Telangana, rep.by its Principal Secretary, Land Acquisition Department, Secretariat, Hyderabad.

The District Collector Adilabad, Adilabad District.

The Revenue Drvision Officer, Adilabad, Adilabad District.

The Tahsildar, I,4avala Mandal, Adilabad District.

.....RESPONDENTS

Petition Under Adicle 226 of the Constitution of lMia praying that in the circumstances stated in the affidavit filed therewith, the High Court may^be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the action of the respondentsⁱⁿ acquiring our land in respective^DoorNo. 2-25613812 to an extent of^{1 1 1 .1 1} Sq.yards, Door No. 2-238112 to an extent of 233.33 Sq.Yards, and Door No. 2- 253/9 to an extent of 166.66^Sq.Yards, Situated at Battisawargaon Village, Mavala tVandal, Adilabad^{District, without} initiating any land acquisition proceedings and without^paying the compensation, under the provisions of the

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Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitatlon and Resettlement Act, 2013, as being illegal, arbitrary, u nconstitutional and violative of Article 21 and 300-A of the Constitution of lndia

|.A.NO:1 OF 2025

Petition Under Section 151 CPC praying that in the^{(;ircumstances} stated in the affidavit filed in support of the petition, the High Co:rt may be pleased to direct the respondent authorities not to dispossess or in any manner interfere with the peaceful possession and enjoyment of the petitioners in respect of the lands in respective Door No. 2-256138.2 to an extent of 111.11 Sq.yards, Door No. 2- 238112 lo an extent of 233.33 Sq.Yards, and Door No. 1i-253l9 to an extent of 166.66 Sq.Yarcls, Situated at Battisawargaon Village, [Vtzrvala Mandal, Adilabad District, pending disposal of the main writ petition.

Counsel for the Petitioners : SRI GAJANAND CHAKRAVARTHI

Counsel for the Respondents : GP FOR LAND ACQUISITION

The Court at the stage of admission made the following ORDER

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HONOURABLE SRIIUSTICE N.V.SHRAVAN KUMAR - WRIT PETITION No.7330 of 2025 t' ORDER:

Heard learned counsel for the petitioners and learned Government Pleader for Land Acquisition appearing for respondents. With their consent, the writ petition is being taken up for disposal at the admission stage itself.

2 This writ petition has been filed seeking the following relief:_ "to declare tlrc actiott of the resyrondents in acquiin{ our land in respettirc Door No.2 256/3Bp to an extent oy ltl.lt Sq yards, Door No.2-238/12 to nn extent of 2j3.33 Sq yards and. Door No.2-253/9 to an extent ol 166.66 Sq yards, Sih.uted at BatttsaTLtnrgnon Village, Mattnla Mandol, Adilabad District, zuithout inititrling any lmd ocquisition proceedings anil toi.thout ptying tlrc contpensation under the prooisioni of the Right to Lnir Conpensntion nnd Transparency in knil

Acquisitiorr RelurbiLitntion nnd ResettLement Act, 2013, as being _ illegd, nrbitrnll, trtrcortstittt tional and ztiolatioe of Article 27 rud 300-A of the Const ution of lndia .,,

Brief facts in this n,rit petition are that petitioners claims to be the absolute owners ancl posse5()r\ t,t rqslrr.ctive Door No.2-256/3g/2 to an extent of 111.11 S,r1 r'aruls, Door No.2-2311/12 to an extent of 233.33 Sq yards and Door No.2-253,r9 to an cxtent of 166.66 Sq yards, Situated at Battisawargaon Villagc, Maval.r IvIar-rdal, Adilabad District, having acquired the same in the _r,ear 2023, ttrrough rcgistered sale deeds. While things stoocl thus, on 03.03.2025, respondent authorities informed the petitioners that thev are prL,FL)sing to acquire the subject lands and ) informed thc pctitioncrs to h.rnclor.cr tltc subject lands within a week. Aggrieved by the samc, petitioncrs liavc [iled the writ petition

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Learned counsel for the Petitioners^{submits that tl-re respondent} authorities without issuing any^{notice and without foll'lwingdue process} of law are trying to^{dispossessthe petitionersfromthe subiect landand} pray this Court to direct^{the respondentauthorities not to interfere with the} petitioners peaceful possession over^{the subject property,without} following due procedure^as contemplated^{under law}

Learned Government Pleader^{appearing for rcspondentssubmits} that at present he has no instructions^{whethcrthe subjectland would be} acquired or not and would^{fairly submitsthat the resPondcntauthorities} will follow due process of law^{beforeinitiating ;tctrtrtt on the subiect} property.

Recording the above submissions^{and rvithotrtexpressingany} opinion on the merits of the^{case this writ pctitionts (lisPoscdof tlirecting} the respondent authorities to^{follow duc proccss as cLrntetnplatecl under} law before initiating action^{on the subiect} Propert'.

T Accordingly, this writ petition^{is clisprosctl otMiscellaneous} applications, if any pending, shall^{stand closccl. No ortler.rs t() costs.}

SD/. L. LAKSHMI BABU EPUTY REGISTRAR

//TRUE COPY// The Principal Secretary, Land Acquisition Depart)j,Principal Secretary, Land Acquisition Depart)j,)j, Telangana at Hyderabad. The District Collector Adilabad, Adilabad District Collector Adilabad, Adilabad District.ⁱ

i SECTION OFFICE To Y The Principal Secretary, Land Acquisition Depart)j,Principal Secretary, Land Acquisition Depart)j,)j, ,S ecretariat, State of Telangana at Hyderabad. The District Collector Adilabad, Adilabad District Collector Adilabad, Adilabad District.ⁱ

2 3 The Revenrre Division Officer, Adilabad, Adilabad Dist-ict

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The Tahsildar, Mavala Mandal, Adilabad District.

Two CCs to GP FOR REVENUE, High Court for the State of Telangana at

Hyderabad. [OUT]

One CC to SRI GAJANAND CHAKRAVARTHT, Advocate tOpUCl

Two CD Copies

SA
GJP

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HIGH COURT

DATED:1010312025

ORDER

WP.No.7330 of 2025

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DISPOSING OF THE W.P

WITHOUT COSTS.

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