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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

HON’BLE SRI JUSTICE SUDDALA CHALAPATHI RAO

WRIT PETITION NO.36377 OF 2014 DATE: 10.04.2026

Between:

Vanaparthi Cheralu, (Died) (Per LRs petitioners 2 to 6)

…. Petitioners and

State of Telangana, rep by Principal Secretary to Government, Municipal Administration and Urban

Development Department, Telangana Secretariat, Hyderabad and two others.

…. Respondents

ORDER:

The present writ petition has been filed declaring the inaction

on the part of the 2nd respondent on the petitioner’s representation submitted by way of legal notice dated 21.05.2014 for payment of compensation for the land to an extent of Ac.1.00 guntas covered in Sy.No.306, situated in Desaipet Village, Warangal District, which was utilized for the purpose of laying a 110 feet width road leading from Desaipet to Enumamula, as illegal, irregular, irrational, violative of the provisions of the Greater Hyderabad Municipal Corporation Act, 1955, and Rules and Regulations framed there under and offends Articles 14, 21, and 300-A of the Constitution of India, and consequently direct the respondents to pay the compensation to the

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petitioners for the said land acquired for the purpose of widening the

road.

2. The brief facts of the case are that the land of the writ petitioner No.1, to an extent of Ac.1.00 guntas covered in Sy.No.306 situated in Desaipet village, Warangal District, was acquired for laying a 110- feet width road leading from Desaipet village to Enumamula, Warangal district. It is stated that the petitioner No.1 is the absolute owner, possessor and enjoyer of agricultural land admeasuring Acs.4.00 guntas in Sy.No.306 situated at Desaipet village, Warangal district, and the petitioner No.1 has acquired the said land having purchased the same from his vendor under a Deed of Mortgage-cum-

Conditional Sale, dated 12.05.1971.

3. Further, it is stated that one person, Dubasi Venkata Papaiah, filed a suit for recovery of possession over the aforesaid said land against the petitioner No.1 in O.S.No.1031 of 2001 on the file of I Additional Senior Civil Judge at Warangal, and the said suit was dismissed on 06.10.2005. Aggrieved thereupon, the said person preferred an appeal in A.S.No.112 of 2005 before the II Additional District Judge at Warangal, which was dismissed for default on 19.09.2007. It is stated that by virtue of the same, the petitioner No.1

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has acquired absolute ownership and right over the said land. Further, it is stated that out of the said land of Acs.4.00 guntas, the respondent Nos.1 and 2 utilized about Ac.1.00 guntas for the purpose of laying a 110 feet wide road from Desaipet to Enumamula village, however, no proceedings under the Land Acquisition Act have been initiated and no compensation has been paid to the petitioner No.1 for the land acquired for the purpose of road widening. It is stated that the authorities are bound to initiate and follow the due process of law whenever they acquire a private patta land and pay

compensation for the said land.

4. It is also stated that a legal notice dated 21.05.2014 was issued to the respondent Nos.2 and 3, including the District Collector, Warangal, and the Tahsildar, Warangal, demanding payment of the compensation, pursuant to which the District Collector, Warangal, issued proceedings in L.No.G1/2156/2014, dated 26.06.2014 to the respondent Nos.2 and 3 directing them to initiate necessary action on the representation made by the petitioner No.1, and despite the same, the respondents have not initiated any proceedings for

payment of the compensation by acquiring the said land.

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5. Learned Standing Counsel Mr. Pasham Mohith for the respondent No.2 stated that a detailed counter-affidavit has been filed specifically denying the assertion of the petitioners that they are the absolute owners and possessors of the agricultural land admeasuring Acs.4.00 guntas in Sy.No.306 of Desaipet village under a Deed of Mortgage-cum-Conditi