THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.33499 of 2025

ORDER

Heard learned counsel for the petitioner and learned Government Pleader for Land Acquisition appearing for respondent Nos.1 to 3. With their consent, the writ petition is being taken up for disposal at the admission stage itself.

2. This writ petition is filed seeking the following prayer:

“(i) to direct the respondents herein by pay the compensation to the acquired land of the petitioner to the total extent of 9 1/4 guntas situated in Sy.No.4 of Garmilla village Mandal, Mancherial District, Mancherial, pursuant to the Award passed by the Respondent No.2 vide Proc No.A/199/2022 dated 30.03.2024 (ii) to declare the action of the respondent No.2 in not paying the compensation and in the absence of any dispute referring the said land acquisition matter to the Land Acquisition Rehabilitation and Resettlement authority, Hyderabad, under section 76 of the Act 2013, through Letter vide Rc.No.A/199/2022 dated 18.08.2025 is illegal, arbitrary, violative of Article 14, 21, 300-A of the Constitution of India and as well as Section 76 of the Act, 2013.”

3. Brief facts stated in this writ petition are that the petitioner claims to be the owner and possessor of land admeasuring to an extent of 17 guntas, situated in Sy.No.4 of Garmilla Village Mandal, Mancherial District, having acquired the same through registered sale deed bearing document No.1654 of 1997 dated 13.06.1997. It is further submitted that earlier Sri.Yenagandula Shankaramma and Adimulan Srinivas, names were wrongly mentioned in pattadar column of Sy.No.4 of Garmilla Village and after issuing notice to the concerned persons and after conducting enquiry, the Tahsildar, Mancherial, through proceeding bearing No.ROR/Garmilla/87/2017 dated 05.01.2018, recorded petitioner’s name in the revenue records and issued patttadar pass book in favour of the petitioner. The case of the petitioner is that in the year 2017, the South Central Railways, acquired land admeasuring to an extent of Ac.6.5 guntas of Garmilla Village Mandal, Mancherial District, for the purpose of construction of new railway track in between Rahavapuram-Peddampet and Mancherial-Mandamarri railway stations. Thereafter, respondent No.2 issued declaration under Section 19(1) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and the same was published in Telugu Daily news paper vide collector file No.C2/15/2017 dated 03.07.2017. Further case of the petitioner is that in the said acquisition, petitioner’s land admeasuring to an extent of 9-1/4 guntas was acquired in the year 2017, however, till date no compensation is paid to the petitioner. Hence, petitioner filed W.P.No.29310 of 2022 and this Court vide interim order dated 22.09.2022, directed the respondents therein to initiate fresh acquisition proceeding under the provision of Act, 2013 and pay compensation to the petitioner. However, when the respondents therein failed to comply the order dated 22.09.2022 in W.P.No.29310 of 2022, petitioner filed C.C.No.1304 of 2023 and the same is pending. It is further submitted that on 06.09.2022, preliminary notification was issued and respondent No.2 requested the railways to deposit the compensation amount and the same was deposited. 4. Learned counsel for the petitioner submits that on 20.07.2023, petitioner made representation before respondent No.2, stating that he has purchased the subject land in the year 1997 and after conducting enquiry, the Tahsildar, Mancherial, through proceeding bearing No.ROR/Garmilla/87/2017 dated 05.01.2018, mutated petitioner’s name in the revenue records and pattadar pass book, title deed were also issued in petitioner’s favour and inspite of the same, while passing award in proceeding bearing No.A/199/2022 dated 30.03.2024, respondent authorities in the place of petitioner’s name, have recorded the names of dead person i.e., Sri.Kandi Bhumakka, Sri.Yenagand