THE HON’BLE SRI JUSTICE N.V. SHRAVAN KUMAR

ORDER

This writ petition is filed seeking the following prayer:

“WRIT OF MANDAMUS declaring the action of the respondents Nos.2 and 3 and their subordinates in interfering over the land of the petitioners in land Sy.No.531/E/1 (subsequently it is subdivided as Sy.No.531/E/1, 531/E, 531/EE, 531/U and 531/UU) total admeasuring 02Ac.70 Cents dry consisting of more than 10,000 Eucalyptus trees bounded at East:Land of Srinivas Rao, West:Land of Vijaya Kumar, North: Remaining land in Sy No 531 and at South:Land of Vijaya Kumar situated at Doultabad Proper and Mandal, District Mahabub Nagar without acquiring the same as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 30 of 2013 as illegal high handed and arbitrary and.”

2. Heard learned counsel appearing for the petitioners and learned Assistant Government Pleader for Revenue appearing for respondents. Perused the record.

3. Learned counsel appearing for the petitioners submits that earlier the father of the petitioners has filed a Writ Petition vide W.P.No.352 of 1998 and this Court, vide order dated 06.12.2004 disposed of the said Writ Petition directing the respondents to follow due process before initiating any proceedings under Land Acquisition Act.

4. Learned counsel appearing for the petitioners further submits that subsequently the subject property was partitioned among the petitioners. Now, the grievance of the petitioners in the present Writ Petition is that the respondents are trying to interfere with the subject lands. Learned counsel further submits that the petitioners gave a representation dated 03.10.2015 to respondent No.3 and also legal notice dated 08.10.2015 to the respondent Nos.2 and 3 restraining the respondents from their illegal acts of trying to interfere into the possession of the petitioners’ land. In pursuance of the same, petitioners filed the present Writ Petition praying this Court to direct the respondents to follow due process of law before initiating any action.

5. Learned Assistant Government Pleader for Revenue appearing for respondents submits that respondent authorities will consider and pass appropriate orders on the representation dated 03.10.2015 made by the petitioners, in accordance with law.

6. Recording the submissions made by learned counsel appearing on either side and without expressing any opinion on the merits of the case, this writ petition is disposed of directing the respondents to dispose the representation dated 03.10.2015 made by the petitioners and pass appropriate orders, strictly in accordance with law. Respondents are further directed not to interfere with the subject property of the petitioners without following due process of law. However, this order does not preclude the respondent authorities to initiate any action under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 30 of 2013. There shall be no order as to costs.

Miscellaneous applications, if any pending, shall stand closed.

_________________________________

JUSTICE N.V. SHRAVAN KUMAR April 08, 2025 PN THE HON’BLE SRI JUSTICE N.V. SHRAVAN KUMAR April 08, 2025 PN