Telangana High Court

WP/17040/2026 of Kovur Vijayavardhan Vs The State of Telangana on 29 May 2026

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THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENry NINTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUDDALA CHALAPATHI RAO WRIT PETITION NO: 17040 OF 2026 Between: Kovur Vijayavardhan, s/o Late Kovur

[ 34851

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

(Special Original Jurisdiction)

FRIDAY, THE TWENry NINTH DAY OF MAY

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE SUDDALA CHALAPATHI RAO

WRIT PETITION NO: 17040 OF 2026

Between:

Kovur Vijayavardhan, s/o Late Kovur Mallikarjun, Age. 57years, Occ. Business, r/o Bomraspet village and Mandal, Vikarabad District.

...PETITIONER

AND

1. The State of Telangana, represented by its Principal Secretary, Department of Roads and Buildings, Secretariat, Hyderabad.

2. The District Collector, Vikarabad District, Vikarabad.

3. The Executive Engineer, R and B, Vikarabad District, Vikarabad.

4. The Deputy Executive Engineer, R and B., Vikarabad, Vikarabad District.

5. The Asst. Engineer, R and B., Kodangal, Vikarabad District.

...RESPONDENTS

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, Order or Direction more particularly one in the nature of WRIT OF

MANDAMUS declaring the action of the Respondent Authorities in undertaking the demolition of the house building(shop and godown) of the petitioner in the premises bearing No. 1/1 (old No. I -112) constructed in an extent of Ac.O-OSgts in Sy.No.76/'ll4 situated in the limits of Bomraspet village and Mandal, Vikarabad District., on the guise of the widening of the existing road from Tunkimetla to Vikarabad, without issuing any notice and without acquiring the land by issuing a notification and paying compensation, as illegal, arbitrary, violation of principlbs of natural justice and contrary to the specific provision contained under Right to Fair compensation and rransparence in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and has the effect of violation of fundamental rights guaranteed to the petitioner uls 14,21 and 300-4 of the constitution of lndia and consequently direct the Respondents not to undertake demolition of house building(shop and godown) of the petitioner in the premises bearing No..1/1 (old No 1-1 //2 constructed in an extent of Ac 0 05gts in Sy.No.7611/4 situated in the limits of Bomraspet village and Mandal, Vikarabad Diskict., without following due process of law and without paying compensation under Right to Fair compensation and Transparence in Land Acquisition. Rehabilitation and Resetflement A ct, 2013.

l.A. NO: 1 OF 2026

Petition under sectron '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 Respondents not to undertake demolition of house building(shop and godown) of the petitioner in the premises bearing No.'1l1 (old No. 1-112) constructed in an extent of Ac.0-05gts in sy.No.76/1/4 situated in the limits of Bomraspet village and Mandal, vikarabad District., without following due process of law and without paying compensation under. Right to Fair compensation and rransparence in Land Acquisition, Rehabilitation and Resetflement Act, 2013.

Counsel for the Petitioner: SRI K.VENKATESH GUPTA

counsel for the Respondent Nos.1&3 to 5: AGp FoR ROADS & BUTLDTNGS

Counsel for the Respondent No.2: Gp FOR REVENUE

The Court made the following: ORDER

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT

HYDERABAI)

THE HON'BLE SRI JUSTICE SUDDALA CHALAPATHI RAO

WRIT PETITION No.17O4O of2o26

Date 29.o5.2o26

Between:

Sri Kovur Vijayavardhan S/o.Late Kovur Mallikarjun . . . Petitioner

AND

The State of Telangana,

Rep. by its PrinciPal SecretarY,

Department of Roads & Buildings,

Secretariat, Hyderabad. And four (04) others.

Respondents

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ORDER

This Writ Petition is fited seeking following prayer: "to issue a Wit, Order or Drection more partianlarlg one in the nature of WRIT OF MANDAMUS declaing the action of the Respondent Authoities in undertaking the demotition of tlrc hoise building/ shop and godoun of the petitioner in the premi.ses bearing No.l/ 1 (old No. 1-1/2) consttucted in an extent of Ac.0-05 gts in Sg.No.76/ 1/ 4, situated in the limits of Bomraspet uilloge & Mandat, Vikarabad Distict on the guise of th.e uidening of the eisting road from Tunkimetla io Vikarabad, without issuing any notice and uithout acquiring ttrc tand bg issuing a notification - and paging coipeniation, os iltegal, arbitrary, uiolation of pinciples of natural justice and controry to the specific prouision containei under Right to Fair Compensation and Transparence in Land Acquisition, Rehabilitotion and Reseilement Act, 2013 and has the effect of uiolation of fund.amentol rights guaranteed to the petitioner under "Articles 14, 21 & 300-A of tle Constittttion of India, and consequentlg direct the Respondents not to undertake demolition o7 lrors. building (shop and godoun) of the petitioner in tlrc aboue premises tttithout follouing due - process of lau and uithout poging compensation under Right to Fair Compensation and Tronsparence in Land Acc1uisitiotr, Rehabilitation and Resettlement Ac| 2O13, and pass anlJ such other order or orders uhich this Hon'ble Court mall deem Jit and proper in the ciranmstances of the case."

Heard Sri K. Venkatesh Gupta, learned counsel for the petitioner. the learned Assistant Government Pleader for Roads and Buildings appearing for respondent Nos. 1 and 3 to 5, and learned Government Pleader for Revenue appearing for respondent No.2

3. Learned counsel for the petitioner submits that the petitroner is the ou'ner and possessor of the land to an extent of Acs.5.05 gts., situated in S1'.No.76/1/4, Bomraspet Village and Mandai, Vikarabad District, and has constructed a house building, shou,room ernd godown therein. It is contended that the respondent authorities are proposing to rviden the existing road from Tunkimetla to Vikarabad and threatening to demolish of the petitioner's structures, without initiating acquisition proceedrngs and u,ithout paying any compensation and without following due process of 1aw.

1. On instmctions, the learned Assistant Government Pleadr--r for Ro:rd s and Buildings, submits that, if any land - belonging to the petitioner is required for the purpose of road widening, the respondents would follow the due process of iaw.

5. In the facts and circumstances of the case, without going into the merits of the matter, the Writ Petition is disposed of, directing the respondents not to interfere with the petitioner,s property, including demolition, except by following the due process of law, including the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabi'litation and Resettlement Act, 2O 13, to acquire the a-ffected portion of the property and pay compensation, if aly. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed ^ n sD/'M' NAGAMANI slsTANT REGIST /ITRUE COPY// SECTION OFFICER To, The Principal Secretary, Department of Road and Buildings, Secretariat,

2.

3.

4.

5. Hyderabad. The District Collector, Vikarabad District' Vikarabad' The Executive Engineer, R and B' Vikarabad District' Vikarabad' The Deputy Executive Engineer' R and B ' Vikarabad' Vikarabad District' fi" n..t.fnglneer, R and B ' Kodangal' Vikarabad D-istrict' On" a" to S-nt f.VeUXnfESH GUPTA' Advocate [OPUC] Two CCs to GP FOR ROADS & BUILDINGS' High Court for the State of iiiri,ig"ri "iFlvderabad [oUr] Two CCs to GP FOR REVENUE' High Court for the State of Telangana at I Hyderabad . [OUT]

9. Two CD CoPies PMK N GJP

HIGH COURT DATED: 2910512026

ORDER

WP.No.17040 ot 2026 VACATION COURT (o1( 1l$ s € z o (., t t DISPOSING OF THE WRIT PETITION WITHOUT COSTS 0 6 iijl'l 2026 PATcHrs * @,, nfn lze

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