HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.13993 of 2014

ORDER

This writ petition is filed seeking the following prayer:-

“…directing the respondents to acquire the land to an extent of Ac.1-00 gts., and odd or such area which is occupied by the Pucca road and underground drainage in Sy.Nos.87, 87/A and 88/A, 88/A2, 88/A3 of Alampally village, Vikarabad Mandal, RR District and pay the compensation suitably to the petitioners as early as possible to issue a Writ or Order or direction more specifically one in the nature of writ of Mandamus declaring the action of the respondents more particularly Respondents Nos.6 and 7 having been illegally encroached upon over the land and laid the road and underground drainage pipeline in and over the land to an extent of Ac.1-00 odd or such area occupied by the road and drainage pipe in Sy.Nos.87, 87/A and 88/A, 88/A2, 88/A3 of Alampally village, Vikarabad Mandal, RR District (subject lands) as Arbitrary, illegal, void, unlawful and is in violation of the provisions of The Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 and that the petitioners are discriminated under Art 14 of the Constitution of India and further declare that such action of the respondents is in violation infringement of right guaranteed U/Art 300A r/w Art 21 of Constitution of India and to direct the respondents to deliver the physical possession of the land of area occupied by the road and underground drainage pipeline to the petitioners herein after removing tI1e road and underground drainage pipeline laid…”

2. The facts of the case in brief as stated are that petitioners claims to be owners of subject land and a 3 feet width pathway is in existence and the same is passing through petitioners lands which is exclusively used by petitioners. The Mandal Revenue Officer issued title deeds and pattadar passbooks in favour of petitioners. The grievance of the petitioners is that respondent Nos.6 and 7 have illegally encroached the said pathway and are laying 20 feet road and have already laid underground drainage pipe line in and over the said 20 feet land without any permission and consent from the petitioners. It is further submitted that respondent Nos.6 and 7 have neither paid any compensation to the petitioners nor have shown any alternative pathway. Questioning the same, the present writ petition is filed.

3. When the matter is taken up for hearing, no counter affidavit has been filed by the respondents. In the affidavit, petitioners have enclosed old title deeds issued by the then Government of Andhra Pradesh, however, no concrete evidence has been filed to the extent of the road being laid on the subject land except stating that some land has been encroached.

4. The matter is now in the caption ‘For Referral to Special Mediation Drive (for the Nation)’. In that view of the matter, since there are disputed questions of fact and that the claim of the petitioners is with regard to encroachment of their pathway by respondent Nos.6 and 7, as such the same has to be ascertained by respondent Nos.6 and 7. Accordingly, this writ petition is disposed of with a direction to respondent authorities to consider the case of the petitioners by putting all the concerned parties on notice and after giving a fair opportunity of hearing, pass appropriate orders strictly in accordance with law and thereafter communicate the same to the petitioners.

5. This writ petition stands disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs.

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N.V.SHRAVAN KUMAR,J

29.07.2025 mrm