Vojjala Karunanandam Vs The State of Telangana

Vojjala Rajaiah, S/o Veeraiah, aged about^{44 years,occ:business,} All are residents of H.No. 4-2-1, Peddapalli Town and^{Mandal, Karimnagar} District.

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...PETITIONERS

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AND

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1 The State of Telangana, rep. by the Principal^Secretary, _^{Municipal - --*} Administration and Urban Development^{Department,Telangana Secretariat,} Hyderabad.

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The Nagara Panchayat, Peddapalli, Karimnagar^District rep by^the Commissioner.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia^{prayingthat in the} circumstances stated in the affidavit filed therewith,^{the High Court may be} pleased to issue a writ, order direction more^particularly one in the^{nature of Writ} of Mandamus declaring the action of the^{respondentsin proposing to lay a road} through the^property of the^{petitioners situatedat H.No. 4-2-1 under Nagara} Panchayat Peddapalli, Karimnagar District^{withoutinitiating acquisition} proceedings under the provisions of Right to Fair Compensation^and

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Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as illegal, arbitrary, violative of principles of naturai justice and also violative of Articles 21 and 300-A of the Constitution of lndia and consequently direct the respondents not to lay any road through the property of the Petitioners, situated at H.No. 4-2-1 under Nagara Panchayat Peddapalli, Karimnagar District without following the^,Jue process of law.

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l.A. NO: 1 OF 2015(WPMP. NO: 1118 OF 2015)

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Petitiorr underSection 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 2nd respondent not to lay any road through the property of the Petitioners situated at H.\o. 4-2-i under Nagara Panchayat Peddapalii, Karimnagar District pending dispo,sal of the writ petition.

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Counselfor the Petitioners: Ms. SAHITHI SRI KAVYA, REPRESENTING SRI E. VENKATA REDDY

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Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT

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Counsel for the Respondent No.2: SRI PUTTA KRISHNA-REDDY, STANDING COUNSEL

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The Court made the following: ORDER

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY

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WRIT PETITION No.91O of 2O15

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DATE OF ORDER: 1O. L2.2O2S

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BETWEEN:

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Vojjala Karunanandam and 5 others

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AND

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The State of A.P.,

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Rep. by its Prl.Secretary and another

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... Respondents

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: ORDER:

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This writ petition is filed to declare the action of respondents in proposing to lay a road through the property of the petitioners situated at H.No.4-2-1 under Nagara Panchayat Peddapalli, Karimnagar District, without initiating acquisition proceedings under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2OL3, as arbitrary, illegal and violative of Articles 21 and 300-A of the Constitution of India and for consequential relief.

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Heard Ms.Sahithi Sri KarSra, learned counsel representing Sri E.Venkata Reddy, learned counsel for the petitioners on record and Sri Putta Krishna Reddy, learned Standing Counsel for respondent No.2.

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Learned counsel for the petitioners would submit that petitioners are tle absolute owners and possessors of the land to an extent of

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Z

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346.00 sqrr.are yards and LO42.19 square yards, situated at Peddapalli Nagara Panchayat, Karimnagar District (for short 'subject propertyJ, having pu::chased the same under two different registered Sale Deeds vide docurnent No.1875/1988 dated 11.11.1988 and 293/1989 dated 15.02.1989; that since the date of purchase the petitioners are in peaceful pr>ssession of the said property without any interruption and also consl.ructed a residential house building by duly obtaining permission vide proceedings No.A2 l293l2OOO, dated O4.O7.2OO0 from the respondent No.2. While the matter stood thus, respondent No.2 proposed trt lay the underground protected water supply line from the propert5r of the petitioners towards northern side from east to west; that in this regard an agreement dated O7.O7.2OOO was executed by respondent No.2. However, contrar5r to the understanding under the agreement, respondent No.2 came to the subject property of the petitioners without any notice and intimation and demolished the compound wall and gate existing towards north-east corner of the petitioners'property, on the premise that they are going to lay a road from North East corner and extending the same towards western side to link Harijan colony by encroaching upon petitioners' propert5r. Aggrieved b',r the sante, present writ petition is filed.

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[,earn,:d counsel for the petitioners would submit that contrary to the agreemr:nt dated o7.o7.2ooo, the oflicials of respondent No.2 are

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3

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i I I l

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trying to lay pipe line and road without acquiring the land belonging to the petitioners.

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Learned Standing Counsel for respondent No.2 on written instructions would submit that respondent No.2 which has now become Municipaligr, has not laid any road or water pipe line in the subject propert5r as alleged by the petitioners. He further submits that if any development activities are undertaken, respondent No.2 would follow due process as provided under law and accordingly, prayed to pass appropriate orders.

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Considering the submissions made by learned Standing Counsel for respondent No.2, the writ petition is disposed of directing respondent No.2 not to interfere with the possession of the petitioners over the subject propert5r, except in accordance with law. However, this order will not preclude the respondent No.2 from undertaking development works after acquiring the subject properff by following due process of law. There shall be no order as to costs.

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As a sequel thereto, miscellaneous petitions, if any, pending in

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the writ petition, shall stand c!gs-e-d.

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SD/. A.H.S. GOWRI^SHANKAR ASSISTANT^REGISTRAR

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To

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/TRUE COPY//

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ECTION OFFICER nagar District. 1. The Commissioner,^{Nagara Panchayat,}