Telangana High Court
Bathula Bhumanna vs State Of Telangana on 28 April, 2025
HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION No.12879 of 2025
ORDER:
It is stated that the petitioner was assigned the land
admeasuring Acs.5.00 guntas in Sy.No.72/38, situated at
Battisavergaon Village, Mavala Mandal, Adilabad District, in
terms of the policy enunciated by the Government vide
G.O.Ms.No.1406, dated 25.07.1958. It is further stated that, out of
the land assigned in favour of the petitioner i.e. Acs.5.00 guntas, the
land to an extent of Acs.4.14 guntas was acquired for the purpose of
providing house sites under Rajeev Swagruha Scheme in Adilabad, in
the year 2008 and compensation amount was also paid to the
petitioner. It is further stated that a joint inspection was conducted
by respondent Nos.3 to 6 on 18.03.2020 and according to the
petitioner, in the said joint inspection it is revealed that the land to an
extent of Ac.0.26 guntas forming part of the land in Sy.No.72 assigned
in favour of the petitioner is in possession of respondent No.6 herein.
The grievance of the petitioner is that, even though respondent No.6
has taken possession of the land to an extent of Ac.0.26 guntas over
and above the land acquired and paid compensation, the respondent
authorities have not determined the compensation payable to the
petitioner, which amounts to violation of the principles of natural
justice and also Articles 21 and 300-A of the Constitution of India.
CVBR, J
Wp_12879_2025
2. Considered the submissions of the learned counsel for the
respective parties and with their consent, this writ petition is
being disposed of at the admission stage.
3. Learned counsel appearing for the petitioner has
submitted that the case of the petitioner is squarely covered by
the judgment of a Larger Bench of this Court in LAO-cum-RDO,
Chevella Division, Domalaguda, Hyderabad v. Mekala
Pandu 1, wherein it is held that the assignees are entitled to
compensation on par with the pattadars of the land and only
after payment of compensation the respondent authorities will
have power to acquire the assigned lands.
4. Sri H.Somaiah Ezra Sastri, learned Assistant Government
Pleader for Assignment, has not disputed the joint inspection/
joint survey conducted by the respondents.
5. In view of the above submissions and since the
petitioner's land admeasuring Ac.0.26 guntas was in possession
of respondent No.6 as per the joint inspection report, this Court
deems it appropriate to dispose of this writ petition directing the
respondents to examine the claim of the petitioner in terms of
2004(2) ALD 451
CVBR, J
Wp_12879_2025
the Joint Inspection Report and pay the compensation, in
accordance with law, within a period of three (03) months from
the date of receipt of a copy of this order.
6. With the above observations, this Writ Petition is disposed
of. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any,
pending shall stand closed.
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JUSTICE C.V. BHASKAR REDDY
28.04.2025
gkv
