Battu Ramesh v. State Of Telangana
[ 325s 1
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Special original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION NO:7570 OF 2025 Between:
Battu Ramesh, S/o. Rajaiah, Aged 56 years, Occ. Agriculture, Rl/o. Cheerlavancha RandR Colony, Vemulawada Mandal, Rajanna Sircilla District. ..,PETITIONER AND State of Telangana, Rep.by its Principal Secretary Revenue (Land Acquisition) Department, Secretariat, Tank Bund Road, Hyderabad
2. The Special Deputy Collector, LA., Unit-Vll, FFC/MMR and DR.BR. Ambedkar PCSSP, Collectorate Buildings, Rajanna Sircilla District.
3. The Land Acquisition Rehabilitation and Resettlement Authority, For the State of Telangana, At CCLA Permises, Abids, Hyderabad, Rep. by its Registrar. RESPONDENTS Petition under Article 226 of the Constitution of lndia 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 declaring the action of the Respondent No.2 t herein in not referring the Award No. Nil /20'15-16, file No. B/13/2009-Vll-Abadi, dated. Nil -02-2016 pertaining to the Petitioner property / structure bearing H.No.
7-84 situated at Cheerlavancha Village, Sircilla Mandal (Presently Thangalapally Mandal) Rajanna Sircilla District, under Section 64 of Act 30 of 2013 to the LARR Authority, at Hyderabad for enhancement of compensation pursuant to the application dated. 25-05-2016 (Acknowledged on 26-05-2016) as illegal, arbitrary, unfair, discriminatory and in violation of Articles 14,21 and 300-A of the Constitution of lndia and contrary to the Provisions of Act, 30 of 2013 and consequently dlrect the Respondent No. 2 herein to refer the Award No.
12015-16, file No. B/13/2009-Vll-Abadi, dated. Nil -02-2016 pertaining to the Petitioner property / structure bearing H.No. 7-84, situated at Cheerlavancha Village, Sircilla Mandal (Presently Thangalapally Mandal) Rajanna Sircilla District,Under Section 64 of Act 30 of 2013 to the Respondent No. 3 herein for enhancement of compensation in terms of the application dated. 25-05-2016 (Acknowledged on 26-05-201 6).
lA NO: 1 OF 2025 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 Respondent No.2 herein to refer the Award No. Nil /2015-16, file No. B/13/2009-Vll-Abadi, dated. Nil -02-20'16 pertaining to the Petitioner property / structure bearing H.No. 7-84 situated at Cheerlavancha Village, Sircilla Mandal (Presently Thangalapally Mandal) Rajanna Sircilla District, Under Section 64 of Act 30 of 2013 to the Respondent No. 3 herein for enhancement of compensation in terms of the application dated. 25-05-2016 (Acknowledged on 26-05-2016) pending disposal of the Writ Petition.
Counsel for the Petitioner : SRI B.ARJUN RAO Counsel for the Respondents: ASST. GP FOR LAND ACQUISITION The Court made the following: ORDER
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.757O of 2025 ORDER:
The present writ petition is filed to declare the action of respondent No.2 in not referring the Award No.Nil/201576, Iile No.B/ 13/2009-VII-Abadi, dated Ni1.02.20i6 pertaining to the petitioner property / structure bearing H.No.7-84 situated at Cheerlavancha Village, Sircilla Mandal, Rajanna Sircilla District under Section 64 of Act 3O of 2013 to the LARR Authority, at Hyderabad for enhancement of compensation pursuant to the application dated 25.05.2016 as illegal and arbitrary and consequently direct respondent No.2 to refer the said award for enhancement of compensation.
2. Learned counsel for the petitioner submits that the Land Acquisition authorities have taken possession of the petitioner's property bearing H.No.7-84 to an extent of 510 sq.yds., of Abadi land without passing an award and without payment of compensation. It is further submitted that at the time of acquisition, the concerned authorities have not taken measurement of subject house properly and
have wrongly estimated and undervalued the du'elling area and structure va]ue. It is further submitted that the respondent authorities neither at the time of taking measurements nor at the time of taking physical possession issued notice to the petitioner which is in violation of provisions of Land Acquisition Act, 1894. In that regard, petitioner has made a representation on 25.O5.2O16 to respondent No.2 i.e., Speci.rl Deputy Collector, LA, Rajanna Sircilla District for fixation of fair market value.
3. Though var10u s grounds are raised in the writ petition, learned counsel for the petitioner restricts his prayer seeking a direction to respondent authorities to dispose of the petitioner's representation dated 25.05.2016 in a time bound period.
4. Learned Assistant Government Pleader for Land Acquisition appearing on behalf of respondents submits \ that if the said representation is still pending for consideration, the respondent authorities rnay be directed to dispose of the petitioner's representation, dated
25.05.2016 and pass appropriate orders in accordance with law.
5. In view of the submission made by the learned counsel on either side and without going into the merits of the case, this writ petition 1S disposed of directing the respondent authorities to dispose of the petitioner's representation, dated 25.05.2016 and pass appropriate orders strictly in accordance with law, as expeditiously as possible, preferably within a period of eight (08) weeks from the date of receipt of a copy of this order by putting all the concerned parities on notice and give a fair opportunity of hearing to all the concerned parties and communicate the same to the petitioner.
6. With the above observations, writ petition 1S disposed of, accordingly.
Miscellaneous petitions, pending, if any, shall stand closed. However, there shall be no order as to costs. SD/.T. J REE DEPUry REGI //TRUE COPY// \ SECTION OFFICER To,
1. The Principal Secretary Revenue (Land.Acquisition) Department, Secretariat, State ofTdlangana, Trnk Bund Road, Hyderabad.
2. The Special Deputy Collector, LA., UnilVll, FFC/IVMR and DR.BR. Ambedkar PCSSP, Collectorate Buildings, Rajanna Sircilla District.
3. The Registrar, Land Acquisition Rehabilitation and Resettlement Authority, For the State of Telangana, At CCLA Permises, Abids, Hyderabad.
4. One CC to SRI B.ARJUN RAO, Advocate. IOPUCI
5. Two CCs to GP FOR LAND ACQUISITION, High Court for the State of Telangana. [OUT]
6. Two CD Copies, \ :yw
t\ HIGH COURT fI DATED:1210312025 .--.,.i.7,1 [B tPR 206 t i.. )
ORDER
, |.,, t DFSp^r.
WP.No.7570 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,{ t!