Telangana High Court
WP/18186/2011 of T. BHUPAL REDDY, WARANGAL DIST AND ANOTHER Vs STATE OF TELANGANA., HYD AND 9 OTHERS on 31 December 2024
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE T.VINOD KUMAR WRIT PETITION NO: 18186 OF 2011 Between: '1 . T. Bhupal Reddy, S/o T. Narayan Reddy Agriculture
HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction)
TUESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE T.VINOD KUMAR
WRIT PETITION NO: 18186 OF 2011
Between:
'1 . T. Bhupal Reddy, S/o T. Narayan Reddy Agriculture Rl/o H.No. 1-8-433,Hanamkonda, Warangal District.Hanamkonda, Warangal District.
2. P. Purushotham Reddy, S/o Venkat Reddy, aged [63 years, ][R/o H.No. ][2-4-]640, Ramnagar, Hanamkonda, Warangal District, [Rep. ][by ][his ][GPA ][holder ][Sri]G. Venkat Reddy, S/o Chandra Reddy, aged 52 [years, ]Occ: [Govt. ][Teacher,]N o.2-4-12O419-4, Vidyanagar, Hanamkonda, Warangal [District.]640, Ramnagar, Hanamkonda, Warangal District, [Rep. ][by ][his ][GPA ][holder ][Sri]G. Venkat Reddy, S/o Chandra Reddy, aged 52 [years, ]Occ: [Govt. ][Teacher,]N o.2-4-12O419-4, Vidyanagar, Hanamkonda, Warangal [District.]
...,.PETITIONERS
AND
1State of Telangana., rep. by its Principal Secretary [Major ][lrrigation]Department, Secretariat, Hyderabad.Department, Secretariat, Hyderabad.
(C.T. of R1 amended as per Court Order dated 29101115 inWPMP.1724l15).
2. The District Collector, Adilabad, Anakapalli, Visakhapatnam [District.]
3. The Sub-Collector, Mancherial, Adilabad [District.]
4. The Land Acquisition Officer/Revenue [Divisional Officer, ][Mancherial, ][Adilabad]District.District.
5. Jagati Rajaiah, S/o Narsaiah Private [Employee ][R/o ][Kazipally Village, ][Jaipur]Mandal, Adilabad District.Mandal, Adilabad District.
6. Godari Lingaiah, S/o Ramaiah, Agriculture, [Rl/o ][Kazipally, Jaipur ][Mandal,]Adilabad District.Adilabad District.
7. Narahari Raji Reddy, S/o Bheemaram, [Agriculture ][Rl/o ][Kazipally Village,]Jaipur Mandal, Adilabad District.Jaipur Mandal, Adilabad District.
8. Sanathosham Padmavathi, W/o Ramchander, [Awadam Village, ][Nennel]Mandal, Adilabad District.Mandal, Adilabad District.
9. Parthireddy Raji Reddy, S/o Malla [Reddy ][FI/o. ][Awadam Village, ][Nennel]Mandal, Adilabad District.Mandal, Adilabad District.
10. Khazanuruddin, S/o Naseeruddin Agriculture Fl/o Charminar Area,Hyderabad.Hyderabad.
.....RESPONDENTS
Petition Under Article 226 of lhe Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may becircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue any appropriate Writ, Order or direction more in the nature ofWrit of Mandamus directing the Respondent No.3 to refer the matter underSection 18 or under Section 30 and 31 of the Land Acquisition to the Civil Courtfor adjudication of entitlement of compensation in respect of the lands in Sy. No.79, 86,87, and 192 situated at Vellapally village, Japur Mandal, Adilabad Districtwhich were covered by the Award No. fu2505/2007 dated 19-6-2010 passed bythe Land Acquisition Officer and Revenue Divisional Officer, Mancherial, AdilabadDistrict by duly declaring the action on the part of the Respondent No. 3 in notreferring the matter to the Civil Court in response to the representations dated 14-7-2009 and 12-1-2010 filed by the petitioners before passing the award andSection 18 or under Section 30 and 31 of the Land Acquisition to the Civil Courtfor adjudication of entitlement of compensation in respect of the lands in Sy. No.79, 86,87, and 192 situated at Vellapally village, Japur Mandal, Adilabad Districtwhich were covered by the Award No. fu2505/2007 dated 19-6-2010 passed bythe Land Acquisition Officer and Revenue Divisional Officer, Mancherial, AdilabadDistrict by duly declaring the action on the part of the Respondent No. 3 in notreferring the matter to the Civil Court in response to the representations dated 14-7-2009 and 12-1-2010 filed by the petitioners before passing the award andrepresentation daled 9-12-2O10 after passing the award and the action of theRespondent No.3 in holding the enquiry with regard to entitlement ofcompensation is nothing but arbitrary, illegal, contrary to the provisions of theLand Acquisition Act and also principles of law laid down by this Hon'ble Courtand the Hon'ble Apex Court while deciding the maters arising under theprovisions of the Land Acquisition Act.Respondent No.3 in holding the enquiry with regard to entitlement ofcompensation is nothing but arbitrary, illegal, contrary to the provisions of theLand Acquisition Act and also principles of law laid down by this Hon'ble Courtand the Hon'ble Apex Court while deciding the maters arising under theprovisions of the Land Acquisition Act.
|.A.NO:1 OF 2011(WPMP. NO: 21905 OF 2011)
Petition under Section 151 CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be pleased todirect the Respondents No.3 and 4 not to disburse the compensation amount infavour of the Respondents 5 to 10 in respect of the land in Sy. No. 79. 86.87, and192 situated at Vellapally village, Japur Mandal, Adilabad Districl which werecovered by the Award No. 4/2505/2007 dated 19-6-2010 passed by the LandAcquisition Officer & Revenue Divisional Officer, Mancherial, Adilabad District.
I.A.NO:1 OF 2012P. NO: 2116 OF 20121
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1. The District Collector, Adilabad, Anakapalli, Visakhapatnam District
2. The Sub-Collector, Mancherial, Adilabad District.
3. The Land Acquisition [officer/Revenue ][Divisional ][officer, ][Mancherial, Adilabad]District.....PETITIONERS/RESPONDENTSDistrict.....PETITIONERS/RESPONDENTS
AND
'l . T. Bhupal Reddy, S/o T. Narayan Reddy Agriculture Rl/o H.No. 1-8-433,Hanamkonda, Warangal District.Hanamkonda, Warangal District.
2. P. Purushotham Reddy, S/o Venkat [Reddy, aged ][63 ][years, ][Fl/o-H.Ng.?:a-]640, Ramnagar, Hanahkonda, Warangal [District, Rep. ][by ][his GPA holder]Sri G. Venk;t Reddy, S/o Chandra [Reddy, ][aged ][52 ][years, Occ ][: ][Govt.]Teacher, [PUo.2-4-126419-4, ][Vidyanagar, Hanamkonda, Warangal ][District.]640, Ramnagar, Hanahkonda, Warangal [District, Rep. ][by ][his GPA holder]Sri G. Venk;t Reddy, S/o Chandra [Reddy, ][aged ][52 ][years, Occ ][: ][Govt.]Teacher, [PUo.2-4-126419-4, ][Vidyanagar, Hanamkonda, Warangal ][District.]
.....RESPONDENT/PETITIONER
3. The Government of Andhra [Pradesh, ][rep' ][by its ][Principal Secretary Major]I rrigation Department, Secretariat,' [Hyderabad.]I rrigation Department, Secretariat,' [Hyderabad.]
4. Jagati Rajaiah, S/o Narsaiah [Private Employee ][Fl/o ][Kazipally ][Village,]Jaipur Mandal, Adilabad District.Jaipur Mandal, Adilabad District.
5. Godari Lingaiah, S/o Ramaiah, [Agriculture, ][Rl/o ][Kazipally' Jaipur ][Mandal,]Adilabad District.Adilabad District.
6. Narahari Raji Reddy, S/o Bheemaram, [Agriculture ][Rl/o ][Kazipally Village,]Jaipur Mandal, Adilabad District.Jaipur Mandal, Adilabad District.
7. Sanathosham Padmavathi, Wo Ramchander, [Awadam Village, ][Nennel]Mandal, Adilabad District.Mandal, Adilabad District.
B. Parthireddy Raji Reddy, S/o [Malla Reddy ][Rl/o. ][Awadam Village, ][Nennel]Mandal, Adilabad District.Mandal, Adilabad District.
9. Khazanuruddin, S/o Naseeruddin [Agriculture ][Fl/o ][Charminar ][Area,]Hyderabad.(Respondents/Respondents Nos.3 to I are [not ][necessary parties ][in ][this]petition)Hyderabad.(Respondents/Respondents Nos.3 to I are [not ][necessary parties ][in ][this]petition)
.....RESPONDENTS/RESPONDENTS
Petition under Section 15'l CPC [praying ][that ][in ][the circumstances stated ][in]the affidavit filed in support of [the ][petition, ][the ][High ][Court ][may ][be ][pleased ][to]vacate the interim stay [granted ]on dated: [1 ][3.06.201 ][1 ][in ][WPMP No. 21905 ][of]2011 in WP No. 18186 of [201 1.]
Counsel for the Petitioners [: ][SRI ][SRI ][V'ROHIT ][REPRESENTRY]V.RAVI KIRAN RAO,SENIOR COUNSEL
Counsel for the Respondent [No.1 ][: ][GP ][FOR ][IRRIGATION ][& ][COMM ][AREA ][DEV]
Counsel for the Respondent Nos.2 [to 4 ][: ][GP ][FOR LAND ACQUISITION]
Counsel for the Respondent [Nos.6,8 ][to 9 ][: ][SRI P.V.SRINIVASA RAO]
The Court made the [following ][ORDER]
THE HON'BLE SRI JUSTICE T. VINOD KUMARWRIT PETITION No.18186 OF 2011
ORDER
Heard Sri V. Rohit, learned Counsel for the petitioner,learned Governme nt Pleader for Irrigation & Command AreaDevelopment appearing on behalf of respondent No.1, learnedGovernment Pleader for Land Acquisition appearing on behalf ofrespondent Nos.2 tb 4, Sri P.V. Srinivasa Rao, learned Counselappearing lor respondent Nos.S, 6, 8 and 9 and [perused ]therecord.
2. Shorn of unnecessary details the case of the petitioners inbrief, is that though the land acquisition authority while [passing]the Award dated 19.06.201O had noted therein that in view ofrival claims between the petitioners and one Sri P. Raja Reddyin respect of land in Sy. Nos.86, 87 and 192 of Vellapally village,Jaipur Mandal, Adilabad District, it is difficult to awardcompensation to the rightful owner in absence of records withregard to title of the land, however failed to make reference tothe Court by considering application d,ated 09.12.2010 filed bythe petitioners undei Section 18 of the Land Acquisition Act,1894 (for short 'the ActJ which action of the respondent .t'
authority it is contended as highly [i1legal, ][arbitrary ][and contrary]to the provisions of the Act.
3. Learned Government Pleader appearing [on ][behalf ][of]respondents on the other hand submits that [since ][the ][dispute]relates to title in respect of the [land, the application hled ][by ][the]petitioners under Section 18 of the Act seeking [reference ][to ][the]Court cannot be considered, ['since ][appiication ][under ][the]aforesaid provision can only [be ][in ][relation ][to ][(i) ][measurement of]the land, (ii) the amount of [the ][compensation ][(iii) ][the persons ][to]whom it is payable, (iv) or the apportionment [of ][the]compensation among the [persons interested.]4. Learned Government Pleader [however ][submits ][that ][since,]the Award passed records [of existence of ][dispute ][with ][regard ][to]title of the subject land in [Sy. Nos.86, ][87 ][and ][192 of ][Vellapally]village, Jaipur Mandal, Adilabad [District, ][the ][authority ][is]required to make a reference [to ][the ][Court in ][terms ][of Section ][30]of the Act.
5. Learned Government [Pleader ][further ][submits ][that ][if ][this]Court were to show [indulgence, the ][authority ][would ][now make ][a]reference of the [Award ][to ][the ][Court ][as ][deltl]under Section3(d) of the Act.
I
6. In view of the submissions made by the learned Counselappearing on either side, this Court is of the view since theAward dated 19.06.201O as passed by the respondent authorit5rrecords finding as to existence of a title dispute between Sri p.Raja Reddy and Sri T. Bhupal Reddy and another in respect ofthe land to an extent of Ac.5.23 gts. each in Sy. Nos.g6,similarly Sri Narahari Raji Reddy, S/ o Narsimha Reddy andpetitioners in respect of land to an extent of Ac.5.23 Gts. in Sy.No.B7 and between Sri Khaja Nooruddin and others andpetitioners in respect of land to an extent of Ac.O.02 Gts. in Sy.No. 192 of Vellapally village, Jaipur Mandal, Adilabad District,this Court is of the view that the respondent authorities are tobe directed to make a reference to Court in terms of Section 3Oof the Act within a period ol six weeks from the date of receipt ofa copy of the order.
7. Subject to the above direction, the Writ petition isdismissed. No costs.
Miscelianeous petitions, if any, pending in this WritPetition shall stand closed.SD/.A. SR,INIVASA [REDDY]ASSISTANT [REGISTR^AR]//TRUE COPY//Ir_SECTION OFFICERPetition shall stand closed.SD/.A. SR,INIVASA [REDDY]ASSISTANT [REGISTR^AR]//TRUE COPY//Ir_SECTION OFFICER
To1Two CCs to GP FOR [IRRIGATION ][& ][COMM AREA DEVELOPMENT' ][High]Court for the State [of ][Telangana at Hyderabad. ][OUT]2i*o ccr io GP FoR LAND-ACOUlSItolt, [Higrr ][Court ][for ][the ][State ][of]\Telangana at Hyderabad. [OUTJ3one cc to sRl v.RAVl [KIRAN ][RAO, ][Advocate ]IoPUC]4One CC to SRI P.V.SRINIVASA [RAO, ][Advocate ][OPUC]5Two CD Copies1Two CCs to GP FOR [IRRIGATION ][& ][COMM AREA DEVELOPMENT' ][High]Court for the State [of ][Telangana at Hyderabad. ][OUT]2i*o ccr io GP FoR LAND-ACOUlSItolt, [Higrr ][Court ][for ][the ][State ][of]\Telangana at Hyderabad. [OUTJ3one cc to sRl v.RAVl [KIRAN ][RAO, ][Advocate ]IoPUC]4One CC to SRI P.V.SRINIVASA [RAO, ][Advocate ][OPUC]5Two CD Copies SABS0KP.-_k- I
HIGH COURT
DATED:31 11212024
ORDERWP.No.18186 of 2011
DISMISSING THE W.PWITHOUT COSTS.
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