A final decree from a civil court declaring title over land overrides administrative classifications of the land as government or prohibited, entitling the owner to compensation upon acquisition.

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent No.3 herein in not paying the compensation with regard to the acquisition of the petitioner's land in Sy.No.792, 790/1B and 790/5B admeasuring ac. 3.80 cents, Ac. 1.14 cents and Ac. 0.23 cents, situated at Lakshmipuram village, Kallur Mandel, Kurnool District, inspite of the written representation dt. 25-1-2022 followed by personal visits, as being illegal, arbitrary, unjust and unconstitutional and consequently direct the respondent authorities to pay the compensation to the petitioner in respect of the above mentioned lands, and to grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case.

IA NO: 1 OF 2022

Petition under Section 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 3rd respondent herein to consider and take appropriate action pursuant to the representation dt. 25-1¬2022, pending disposal of the main Writ Petition, and to pass

IA NO: 1 OF 2023

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant leave to the Petitioner herein Respondent No. 3 in the WP No. 16201/2021 to file counter affidavit in the above writ petition and pass

The Court made the following Order:

Heard Sri K. Mohan Rami Reddy, learned counsel for the petitioner, learned Assistant Government Pleader for Revenue and the learned Standing Counsel for respondent No.6 – NHAI.

2. The instant Writ Petition is filed challenging the action of the respondent No.3 in not paying the compensation with regard to the acquisition of the petitioner’s subject land in Sy.No.792, 790/1B and 790/5B admeasuring Ac.3.80 cents, Ac.1.14 cents in Ac.0.23 cents, situated at Lakshmipuram Village, Kallur Mandal, Kurnool District, inspite of the written representation, dated 25.01.2022.

3. The petitioner's case is that the petitioner has purchased the subject property through a registered sale deed vide Doc. bearing No.5333/1997, in the year 1997. When the title was disputed by the respondent authorities, the petitioner filed a Civil Suit against the official respondents 2, 4, & 5 herein in O.S.No.143/2007 on the file of the learned Principal Senior Civil Judge, Kurnool, for declaration of the title in her favour. The said Civil Suit was decreed on 19.01.2009 in favour of the petitioner. Pursuant to the Judgment, dated 19.01.2009, the petitioner had represented to the authorities for deletion of the property from the category of assigned lands. On the said representation, the 4th respondent has called for a report from the respondent No.5. Basing on the report submitted by respondent no.5, the respondent No.4 vide proceedings, dated 26.06.2010 requested the respondent No.2 to pass appropriate proceedings to notify the subject land as patta lands and delete the subject land from the assigned land list. Thereafter, the petitioner also applied to the authorities for conversion of the subject land to non-agricultural land. The respondent No.4 has also issued proceedings, dated 05.03.2011 converting the subject land into non-agricultural land. Later the land was proposed for acquisition by the NHAI. The respondent No.3 has issued notification, dated 04.07.2012 u