HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY WRIT PETITION No.1092 OF 2019 Date: 23.04.2026 BETWEEN:

Yava Narsaiah and others …. Petitioners And The State of Telangana, rep. by its Principal Secretary, Irrigation and Command Area Development, Secretariat, Hyderabad and others … Respondents

ORDER

The present writ petition is filed by the petitioners seeking a declaration that the action of the respondent Nos. 3 and 4 in not paying the compensation in respect of the lands acquired from the petitioners, pursuant to the Notification issued under Section 4 (1) and the Declaration under Section 6 of the Land Acquisition Act, 1894, on par with the patta lands, inspite of submitting the written representations dt. 25.10.2017 and 27.06.2018, as illegal, arbitrary and unjust and consequently, direct the respondent authorities to pay the compensation to the petitioners as per their entitlement on par with the patta lands and to pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case.

2. Heard Sri G. Chandan Raj, the learned Counsel for the Petitioner and Sri Cherukuri Ravi Kumar, the learned Assistant Government Pleader for the respondents.

BRIEF FACTS

3. The case of the petitioners, as set out in the affidavit filed in support of the writ petition is as under:

a) The petitioners are landless poor persons and that the Government, after conducting a socio-economic survey and in accordance with law, assigned lands to them in various survey numbers namely, Sy. Nos. 2, 68, 981, 1164, 1053/2, 1053/3, 1060/2, 1060/3, 90 and 92 admeasuring Ac.5.07, 3.06, 2.26, 0.00, 0.10, 0.08, 0.12, 3.00, 2.20, 2.05, 2.25, 2.23½ and 2.23½ guntas situated at Ganneruvaram Village and Mandal, Karimnagar District. Pattadar Passbooks and Title Deeds were also issued in their favour by the Revenue Authorities as per law and that they have been eking out their livelihood by cultivating the said lands.

b) While so, the Government proposed acquisition of an extent of Ac.314.10 guntas in the village limits of Ganneruvaram for the purpose of the Lower Manair Dam Reservoir, out of which an extent of Ac.37.16 guntas comprised assigned lands. Pursuant thereto, a Draft Notification under Section 4(1) and Draft Declaration under Section 6 of the Land Acquisition Act, 1894 (for short ‘the Act’) came to be issued by the respondent No.4, duly approved by the Government and published in the then A.P. Gazette, Part-I, Extraordinary No.223. Thereafter, Award No.03/1983-84 vide proceedings No.C/302/81 dated 13-07-1983 was also passed. However, the compensation under the said award was restricted only to patta lands while assigned lands were deferred from the award.

c) It is the specific case of the learned counsel for the petitioners that though it is stated in the counter that petitioner Nos.4 to 6 were already paid compensation, there is no whisper about the payment of said compensation to the petitioner Nos.1 to 3 or their ancestors. Therefore, the petitioners are entitled for compensation as held by the larger Bench of this Court in LAO- cum-Revenue Divisional Officer, Chevella Division, Domalguda, Hyderabad and others v. Mekala Pandu and others, 2004 (2) ALD 451 d) The petitioners place reliance on the decision in State of A.P. v. P. Peda Chinnayya, 1997 (1) ALT 498 (FB) wherein it was observed that when assigned lands are acquired for public purpose, assignees are entitled to compensation including market value, solatium, additional market value and interest on par with private patta lands. They also rely

on G.O.Ms.No.601, Revenue (Assignment-I) Department, dated 16.12.2013, which provides for payment of compensation in the shape of ex-gratia on par with private patta lands where assigned lands are resumed for public purposes. It is the case of the petitioners that their lands, which are the only source of their livelihood, were acquired in the year 1980 and thereby reducing them