Telangana High Court
Buddarthi Buchaiah vs The State Of Telangana on 12 September, 2024
THE HON'BLE SRI JUSTICE C. V. BHASKAR REDDY
WRIT PETITION No.20832 of 2024
ORDER:
The present writ petition has been filed seeking the
following relief:-
"....to issue a Writ, Order or Direction more particularly one in the
nature of Writ of Mandamus, declaring inaction of the 1st and 5th
to 10th respondents about not taking any action on the
representations made by the petitioners along with other village
farmers dated 03-05-2024, 04-05-2024, 07-05-2024, 08-05-2024
and Posted representation by courier dated:19-05-2024 regarding
compensation/claim for economical loss or damages and mental
trauma made by respondents anaction of withholding land
ownership rights and new title deeds as Dharani by illegal
changing land owner names into revenue books in favour of
respondents 9th & 10th authorities of SCCL (Singareni Collieries
Company Limited) by the Award No.07/2015 passed vide
proceedings Lr.No.B2/189/2010, dated 26.09.2015 and issued
The Andhra Pradesh Gazette published by authority collector,
Karimnagar Proc.No. G1/1763/2011 dated:03-06-2011 under
Form-2A Draft Notification U/s 4(1) of The Land Acquisition Act - I
of 1894 for the purpose of RG, OC-II Expansion without consent
of land owners about total an extent Acres 708.16 Guntas of land
situated in various survey numbers of Budhavarampeta Revenue
Shivar, Ramagiri Mandal, Peddapalli District of Telangana State,
the petitioners and other land owners were aggrieved by the action
respondents illegal change of revenue records of land owner
names result into economic loss in view of unable to claim Rythu
Bandhu Grants, PM-Kisan Grants, Rythu Bhima, Other
State/Central Govt. Financial Schemes to farmers and land
owners unable to selling or buying for their emergency financial
necessities as arbitrary, highly illegal, and against the principles
of natural justice and also violative of Articles 14, 19, 21 & 300-A
of Constitution of India and in light of presidential guidelines
issued in Section 93 of The Right to Fair Compensation and
Transparency in Land Acquisition Act 2013 and Section 48 of
Land Acquisition Act -1894 and other Judicial Precedents made
by Hon'ble Supreme Court of India time to time in the interest of
justice and to pass such other order or orders in the interest of
justice".
The petitioners claim that they along with other villagers
are the owners and possessors of a total extent of Ac.708.16
guntas of land situated in various survey numbers of
Budhavarampeta Revenue Shivar, Ramagiri Mandal, Peddapalli
District, Telangana State, and their names are also mutated in
the revenue records. It is stated that initially the said lands
were acquired by the respondents for the purpose of Singareni
Collieries Company Limited i.e., respondent Nos.9 and 10
herein, by way of passing Award No.07/2015 dated 26.09.2015.
However, subsequently, when the said award has been
challenged before this Court in a batch of writ petitions i.e.,
W.P.No.22619 of 2018 and batch, a learned Single Judge of this
Court vide common order dated 15.11.2022 while allowing the
said batch of writ petitions, set aside the said Award
No.07/2015 dated 26.09.2015. The case of the petitioners is
that after setting aside the award proceedings, even though
their lands were reverted back by delivering possession, their
names have not been recorded in the revenue records in the
owner/possession column, so as to enable them to avail the
benefits under the schemes sponsored/offered by the
State/Central Government to the farmers, such as Raithu
Bandhu.
The grievance of the petitioners is that even though they
submitted several representations to the respondents
requesting them to rectify the entries in the revenue records by
recording their names as pattadars, in view of re-delivering the
possession of the lands after setting aside the Award
No.07/2015 dated 26.09.2015, in terms of the common order
dated 15.11.2022 passed by this Court in W.P.No.22619 of
2018 and batch, so far no action has been taken thereon.
Learned Government Pleader for Revenue appearing for
respondent Nos.5 to 8 has placed before this Court the written
instructions issued the Tahsildar, Ramagiri Mandal, Peddapalli
District i.e., respondent No.8 herein, wherein it is stated that
initially proceedings were initiated for acquisition of Ac.707.38
guntas of land in Survey No.34 etc., of Budhavarampet Village
of erstwhile Mutharam (MNT) Mandal, Karimnagar District
(presently Ramagiri Mandal-Peddapalli District) for the purpose
of mining operations of OCP-II expansion by Singareni Collieries
Co.Ltd., under the provisions of the Land Acquisition Act, 1894
by respondent No.7 herein and award was passed vide
Proc.No.B2/189/2010 dated 26.09.2015; subsequently, this
Court in W.P.No.22619 of 2018 and batch delivered common
judgment on 15.11.2022 setting aside the award No.7/2015
dated 26.09.2015 passed by respondent No.7 in respect of the
lands proposed for acquisition at Budhavarampet Village;
thereafter, the applications filed by writ petitioner Nos.1 to 14
herein have been approved in Dharani portal and they are
eligible to get the benefits like Raithu Bandhu etc; however, the
request of petitioner No.15 herein was rejected, as her name
was not found in the previous pahanis/revenue records existed
prior to issuance of the notification; and since the writ
petitioners have not filed claims through Meeseva portal from
the date of inception of the scheme, their names were not
recorded in Dharani portal as pattadars/owners of the lands.
In view of the same, this writ petition is disposed of
directing the respondents/State to extend the benefits under
the schemes introduced by the State/Central Government from
time to time to petitioner Nos.1 to 14, whose names have been
recorded in Dharani portal, if they are found otherwise eligible.
So far as petitioner No.15 is concerned, she is at liberty to
question the rejection orders issued by respondents by availing
appropriate remedy before the appropriate Forum.
As a sequel thereto, miscellaneous petitions, if any,
pending shall stand closed. There shall be no order as to
costs.
___________________________
C.V. BHASKAR REDDY, J
12.09.2024
JSU
