ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner herein, with the following prayer:

“... to issue an order/direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in not passing the award in favour of the petitioner in respect of her land admeasuring Ac.5.00 in Sy. No. 190/239 of Chandanavelli Village, Shabad Mandal, Chevella Division, Ranga Reddy District, nor showing her name in the Notifications published in newspapers vide Notification G1/92/2018, dated 14.01.2018 and 28.02.2018 under Section 11(1) read with Rule 19(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and trying to take possession without paying any compensation to the petitioner, as illegal, unjust, capricious and violative of Articles 14, 16, 21 and 300-A of the Constitution of India and to consequently direct the respondents to consider the petitioner’s representation dated 11.02.2019 as a claim petition for payment of compensation, or alternatively to refer the matter to the Authority constituted under Section 76 of the Act…”

2. Heard Sri G. Subash, learned counsel representing Smt. A. Anasuya, learned counsel for the petitioners, Ms. Katta Radha Reddy, learned Assistant Government Pleader for Land Acquisition appearing for the respondent Nos.1 to 3; and Sri M. Narender Reddy, learned Senior Counsel representing Sri Umesh Singh, learned Counsel for respondent No.4. Perused the record.

I. BRIEF FACTS:

3. It is the case of the petitioner that she is the absolute owner and possessor of agriculture lands admeasuring Ac.5.00 guntas in Sy.No.190/239 of Chandanavelli Village, Shabad Mandal, Ranga Reddy District by virtue of a Will Deed dated 07.07.1995, said to have been executed by her father-in-law, late Gudala Durgaiah, during his lifetime, bequeathing the subject property in her favour. It is stated that the said Will came into operation after the demise of the testator in the year 1997 and her name was mutated in the revenue records and pattadar passbook was also issued in her favour.

4. Subsequently, upon issuance of new e-pattadar passbooks by the State of Telangana, the petitioner found that her land in Sy.No.190/239 was omitted from her land holdings. On enquiry, she was informed that the Government initiated land acquisition proceedings for TSIIC projects under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as “the Act, 2013”). Notifications dated 14.01.2018 and 28.02.2018 issued under Section 11(1) read with Rule 19(1) proposing acquisition of lands in Sy.No.190 of Chandanavelli Village, however, the petitioner’s name and the specific sub-division number Sy.No.190/239 were not mentioned therein.

5. The petitioner submitted representations dated 11.02.2019 before the Tahsildar, Revenue Divisional Officer, and District Collector seeking correction of revenue entries and payment of compensation, however, no action has been taken, nor her claim been referred to the competent authority under Section 76 of the Act, 2013.

II. SUBMISSION OF THE PARTIES:

a) Submissions on behalf of petitioners:

6. Learned counsel for the petitioners contended that the petitioner derived her title to the subject property through a valid Will Deed executed by her father-in-law and her name was also mutated in the revenue records long back. It is contended that despite the petitioner being shown as pattadar in the revenue records, the respondents failed to recognize her claim and omitted her name from the acquisition notifications.

7. It is further contended that despite her lawful title and possession, the respondents wrongly included the names of her husband and his brothers in Form-F notifications for settlement of claims, though they had no independent right over the property, as the entire