THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR Writ Petition No.21918 of 2025

ORDER

Srinivas Reddy, learned Assistant Government Pleader for Revenue (Land Acquisition) for respondent Nos.3 and 4 and Mr.K.V.Sudhakar, learned counsel for respondent No.5. With their consent this writ petition is taken up for disposal.

2. This writ petition is filed questioning the action of respondent No.3 in not referring the dispute under Section 3(H)(4) of National Highways Act, 1956 pertaining to the land to an extent of Ac.0-06 ¾ gts., in Sy.No.503 at Mamillaguda Village, Nalgonda Mandal and District (subject property) acquired for laying four lane National Highway for bypass between Nakrekal to Nagarjuna Sagar and a consequential prayer is sought to refer the dispute for determination under Section 3(H)(4) of National Highways Act, 1956.

3. The facts of the case as stated in brief are that the petitioner claims to be absolute owner and possessor of subject property which she has succeeded after the death of her husband in the year 1992. Subsequent thereto, petitioner is in continuous possession of the subject land. While so, respondent No.1 issued notification No.5480(E) dated 18.12.2024 published in extra ordinary gazette under Section 3(2) issued under sub- section 3 (A) of National Highways Act, 1956 for acquiring land for upgrading of National Highway between Nakrekal Village to Nagarjun Sagar Section of NH-565 from KM 0.00 to KM 14.00 for construction of four lane bypass road more particularly situated at Mamillaguda Village, Nalgonda Mandal and District notifying the lands including the subject land.

4. It is submitted that on 09.05.2025, Respondent No.3 issued a notice stating that there are rival claims in the said lands and some third parties are claiming ownership on the lands. The petitioner had appeared before the authority providing relevant documents of the said land. Thereafter, respondent No.3 issued notice under Section 3(H)(2) & 3(E) of National Highways Act stating that Award has been passed in Proc.No.D/69/2025 dated 24.06.2025 under Section 3(G) of the National Highways Act and the total compensation with 100% solatium has been awarded and remarked as ‘disputed’ and showing the name of awardee as petitioner and respondent No.5. Thereafter, petitioner raised objection through her representation to respondent No.3 dated 19.07.2025, however, authority failed to consider the same. Questioning the same, the present writ petition is filed.

Court to the letter issued by Revenue Divisional Officer, Nalgonda i.e., respondent No.3 to the Tahsildar, Nalgonda i.e., respondent No.4 wherein a detailed report along with connected records/documents for taking further action is called for. Learned counsel also drawn attention of this Court to notice issued under Section 3(H)(2) & 3(E) of National Highways Act, 1956 dated 10.07.2025 wherein details of payment of compensation have been shown in favour of petitioner No.1 and respondent No.5 to an extent of Ac.6-75 gts.

6. Learned Assistant Government Pleader for Land Acquisition has placed a copy of instructions issued by Competent Authority for Land Acquisition and RDO, Nalgonda stating that the compensation amount has not been paid to anyone and that there are disputes between petitioner and respondent No.5 and after settling the disputes, the compensation would be paid.

petitioner and respondent No.5 are claiming compensation for the same subject land, the matter may be referred to the competent Civil Court under Section 3(H)(4) of the National Highways Act, 1956 which has not been disputed by learned counsel for respondent No.5.

8. With the consent of learned counsel on either side and in terms of Section 3(H)(4) of the National Highways Act, 1956, this Court deems it appropriate to dispose of the writ petition with a direction to respondent No.3 to refer the matter to competent Civil Court within a period of three (03) weeks from the date of receipt of copy of this order and thereafter, the