HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 15396 OF 2025

O R D E R:

Petitioners all claim to be residents of Gorrekunta Village of Geesugonda Mandal, Warangal District and belonging to SC-Mala Community. It is their case that Government allotted them 100 square yards house sites in Survey No. 55 in 1994 and issued pattas, some of which were later lost; the land was rocky and uneven, and they developed it over years. Due to poor finances, most could not construct houses and / or could only raise pillars. It is stated, they applied for Indiramma houses and double bedroom houses but received no support, reapplied recently, and the applications are pending.

1.1. While so, on 09-05-2025,respondent officials came with JCBs, cleared the land, removed boundary rocks and laid a foundation stone. When petitioners protested, they were informed that a 33/11 KV Sub-Station was to be constructed. On 12-05-2025, petitioners therefore, submitted a representation to the District Collector, RDO and Tahsildar seeking action and stoppage, but received no response. It is stated, petitioners later asked the authorities for details of the project and the required extent, but they did not respond and continued preparations. On 13-05-2025, petitioners approached the Superintending Engineer, Operations Circle, TNPDCL and submitted a representation, but no action was taken. Work continued and they were prevented from entering their plots. When asked under what provision the works were taken up, no explanation was given.

1.2. Petitioners state that construction of 33/11 KV Sub-Station makes them affected families under Act 30 of 2013, entitling them to procedures under Sections 4 to 23, compensation under Sections 26 to 30 and R&R under Section 31. They state that none of these were followed and no notification or notice was issued. As the land is assigned land, they state that respondents also failed to follow the Telangana Assigned Lands (Prohibition of Transfer) Act, 1977, including issuing revocation notice. They contend that taking their plots without following law violates Article 14, Article 19, Article 21 and Article 300A. The authorities are continuing markings and dumping material for construction, and if allowed, it is stated, petitioners will suffer hardship and irreparable loss.

2. The 4th respondent – Divisional Engineer, TNPDCL filed counter stating that consumers of Gorrekunta and nearby colonies were facing frequent power interruptions due to lengthy loaded feeders and increased loads; therefore, erection of a new 33/11 KV Sub-Station at this location was proposed, and a request letter was submitted to the District Collector, Warangal, seeking allotment of Ac.1.00 of land for construction of the said Sub-Station at Gorrekunta. The District Collector, after considering the request, initiated proceedings for land allotment. The Government accorded permission to the District Collector to allot land and give advance possession for the Sub- Station. Accordingly, the District Collector, through proceedings dated 30.12.2024, allotted Ac.1.00 of land in Survey No.55 out of Acs.5.00 of Government poramboke land to the electricity department; advance possession of this land was given on 28.04.2025 through a panchanama, and the Tahsildar, Geesugonda, handed over the land after fixing boundaries.

2.1. Respondent No.4 further states that the allotted land was full of bushes, free from encroachments, and no constructions or house pillars were found; only Sarkar Thumma and thick bushes existed in the area. Sub-Station foundation work, switch-yard marking, and clearing of bushes were carried out strictly within the specified area. It is stated that all actions were based on the advance possession order and panchanama, and there was no violation of any rule or law and the Collector allotted the land as it was Government land.

2.2. It is asserted that the same contractor is presently working at Mogilicherla Sub-Station and at Gorrekunta no activ