Telangana High Court
Badikela Vijaya vs The State Of Telangana on 14 February, 2025
THE HON'BLE SRI JUSTICE J.SREENIVAS RAO
Writ Petition No.4261 of 2025
Order:
The Writ Petition is filed seeking the following relief:
" ... to issue a Writ Order or direction more particularly one
in the nature of Writ of Mandamus declaring the inaction of the
Respondent Nos.4, 3 and 5 without considering submitted
representations dated 01.07.2014, 16.10.2015, 25.11.2015,
25.06.2024 and 02.01.2025 as it is pending for action on above
representations. The Respondents taking coercive steps for
disconnection of electricity and also illegal dispossession from my
residential house without full compensation as we have legitimate
rights under RFCTIARR Act 2013 about violating the
guidelines/provisions there in The Right to Fair Compensation and
Transparency in Land Acquisition Rehabilitation and Resettlement
Rules 2013 against the Article 300A of the Constitution of India of
the Judgment of the Division Bench of this Honorable Court in Writ
Appeal No.677 of 2022 and against to the Mekala Pandu and Others
reported as 2002 5 ALD 2 matters of Land Acquisition as illegal,
arbitrary and in violation of and consequently direct the Respondent
Nos.4, 3 and 5 for not to interfere or dispossess against the petitioner
house site of an extent of Acre 1.88 Guntas (370Sq yards) in
Sy.No.258 till then full payment to be made by respondents as under
compensation head for their missed structures calculations as per the
issued Notification by Government. The Andhra Pradesh Gazette
Part-I Extraordinary Published by Authority with No.18, Karimnagar
Dated 25.07.2013 either by correcting Land Acquisition Award
Passed by Respondents with Award No.10/2015 passed vide
proceedings Lr.No.B2/172/2011, Dated 26.09.2015 or by issuing
fresh notification for land acquisition proceedings as petitioners
house in endangering situation and also threat to life of petitioners
with SCCL Opencast mining blasting activities Hence need of
protecting rights of petitioners with regard to The Right to Fair
Compensation and Transparency in Land Acquisition Act 2013 /
Judicial Precedents made by this Honorable Court and Honorable
Supreme Court of India time to time otherwise petitioner will be put
into suffer with irreparable financial loss by the respondent authority
is arbitrary illegal unconstitutional actions which are violation of law
Articles under 14, 21 and Article 300A."
2. Heard Mr.Ponampelli Ravi, learned counsel for the petitioners,
Sri G.Praveen Kumar, learned Deputy Solicitor General of India
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appearing for respondent No.1, Mr.Somu Srinivasa Reddy, learned
Assistant Government Pleader for Land Acquisition appearing for
respondents No.2 to 6, Mr. P.Sri Harsha Reddy, learned Standing
Counsel appearing for respondents No.7 and 8, learned Assistant
Government Pleader for Roads and Buildings appearing for respondent
Nos.9 to 11 and learned Standing Counsel appearing for respondent
No.12 and 13.
3. With the consent of learned counsel for the parties, the writ
petition is being disposed of at the stage of admission.
4. Learned counsel for the petitioners submit that petitioners have
purchased a plot admeasuring Ac.0.0188 gts. (277 Sq.Yards) in
Sy.No.258 of Ladnapur Village, Ramagiri Mandal, Peddapalli District
(erstwhile Mutharam Mandal, Karimnagar District) and after obtaining
necessary permission from the Gram Panchayat, Ladnapur constructed a
house, which was allotted House No.5-44/1 and since then, they were
residing in the said house. While so, respondent authorities without
initiating land acquisition proceedings and without paying compensation
as well as R&R benefits as required under the provisions of Right to
Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (for brevity 'Act 30 of
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2013'), trying to dispossess the petitioners from the subject property.
Therefore, petitioners have submitted representations on 01.07.2024,
16.10.2015, 25.11.2015, 25.06.2024 and 02.01.2025 before respondent-
authorities. Inspite of the same, respondent authorities have not taken
any steps to consider the same, without any reasons and the same is
gross violation of principles of natural justice.
5. Learned Assistant Government Pleader and learned Standing
Counsel appearing for respondents jointly submit that respondent No.3
will consider the representations submitted by the petitioners dated
25.06.2024 and 02.01.2025 and will pass appropriate orders in
accordance with law, and requested this Court to grant reasonable time.
6. Taking into consideration of the facts and circumstances of the
case and submissions made by the respective parties, respondent No.3 is
directed to consider the representations dated 25.06.2024 and
02.01.2025, submitted by the petitioners along with the documents, if
any, annexed thereto in support of their claim and pass appropriate
orders in accordance with law, after giving notice and opportunity to the
petitioners and respondent No.8, including personal hearing, within a
period of four (4) weeks from the date of receipt of a copy of this order.
Till such time, respondent Nos.12 and 13 are directed not to disconnect
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power supply to the petitioners' house bearing No.5-44/1 situated in
Sy.No.258 of Ladnapur Village, Ramagiri Mandal, Peddapalli District
(erstwhile Mutharam Mandal, Karimnagar District).
7. With the above directions, the Writ Petition is disposed of. No
costs.
As a sequel, miscellaneous petitions, pending if any, stand closed.
___________________
J.SREENIVAS RAO, J
Date: 14.02.2025
Note: Issue CC in three days
b/o
vsl
