THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.20840 of 2025

ORDER

The petitioner is aggrieved by the action of the respondents in not initiating the land acquisition proceedings and not paying compensation to the petitioner’s land for an extent of 605 square yards of house site, an extent of 605 square yards of cattle shed, an extent of 363 square yards of open space meant for storage of Cattle Feed area and an extent of 2420 square yards situated in Sy.No.1044 of Srirangapur village and mandal, Wanaparthy District (hereinafter referred as ‘subject land’) which is acquired for the purpose of Rangasamudram Balancing Reservoir, Rangasamudram, Wanaparthy District with a consequential prayer seeking direction to the respondents to initiate land acquisition proceedings and pay the compensation for the petitioner’s subject land.

2. The facts giving rise to file the present writ petition in brief are that the petitioner claims his father as absolute owner and possessor of the subject land and after the death of his father, the petitioner succeeded to the subject land along with other family members. It is further submitted that petitioner used to work in Hyderabad and also has been suffering from ill-health. The respondents have issued notification for acquiring various lands belonging to various individuals for construction of Balancing Reservoir on 25.10.2009 and had conducted field enquiry for ascertaining the ownership of various individuals, who were effected through the construction of the said Balancing Reservoir. It is further submitted that petitioner was not in station at the time of field enquiry and hence, he could not bring the details to the notice of the respondents at the time of field enquiry and the respondent though acquired the subject property, did not include the subject property in the notitfication and on the other hand had issued notification with the details of the persons who were effected and also physically present. It is further submitted that the petitioner submitted representation to the respondents for payment of compensation and also other benefits stating that their land was acquired and that they are eligible for the benefits under G.O.Ms.No.68, dated 08.04.2005. The 4^th respondent directed the 5th respondent conducted enquiry. Accordingly, the 5th respondent conducted enquiry and submitted a report to the 4^th respondent vide letter dated 09.05.2022 and opined that petitioner is entitled for compensation to the subject property. It is further submitted that the 4^th respondent directed the 2^nd & 5^th respondents to conduct joint inspection vide proceedings No.C/230/2021, dated 14.09.2022 however, respondents did not conduct any further enquiry. Thereafter, a panchanama was conducted on 17.12.2024 but, measurements could not be taken as the entire reservoir was filled with water and except the house site, the remaining portion was submerged at the time of taking measurements. Petitioner further submits that their land was submerged and that they are eligible for payment of compensation, and questioning the same petitioner filed the writ petition.

3. Learned Assistant Government Pleader for Land Acquisition submitted the instructions submitted by Special Deputy Collector (LA) (FAC), RLISP-II, Pebbair, HQ at Wanaparthy wherein it is stated that the petitioner father has a house bearing No.8-72 at Rajulagattu area in Srirangapur village and mandal, petitioner did not record his places due to his ill-health and due to his unavailability in the village, and not registered their names in submerged list. The concerned authorities allotted house sites to the petitioner and his family members, and Panchuvulu and other villagers and stated that the petitioner lost his sites and he is eligible for compensation to his submerged area, further stated that the petitioner and his family members names were not recorded in Special Deputy Collector (LA) and Special Collector (LA) proposals, and according