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Judgment
Challenging the action of the respondent authorities in attempting to construct the Gajwel District Court in the plots belonging to the petitioner, this writ petition has been filed.
It is submitted that subsequent to filing of this writ petition, on enquiry, it was found that the extent of land in the plots allotted to the petitioner under the RNR scheme was 500 square yards, but was not available on ground and that the actual balance of land available was only 310 square yards and therefore, alternative plots were sought to be allotted by cancelling the earlier allotment. It is submitted that consequent thereto, vide orders dated 07.11.2024 in I.A.No.5 of 2024 in W.P.No.16726 of 2024 in the case of similarly placed person, this Court had directed the respondent authorities to cancel the plots allotted to the Petitioner No.1 i.e., Mannem Shashidhar Reddy, and re-allot alternative plots to him i.e., Plot Nos.747/A and 748/A, total admeasuring 350 sq.yards in Survey No.560, situated at Gajwel Village and Mandal, Siddipet District, as per terms of compromise dated 28.09.2024 recorded in PLC No.16 of 2024 before the Lok Adalath held at Siddipet.
The learned counsel for the petitioner produced the copy of the order in PLC No.03 of 2025, wherein the docket order dated 19.07.2025 recorded that both the petitioner and respondents therein were present and that the District Collector was directed to allot the plot to the petitioner therein as per procedure and law. He is therefore seeking similar relief to the petitioner herein as well, as was passed in the case of Mannem Shashidhar Reddy.
Heard the learned Government Pleader for Revenue.
Having regard to the fact that the petitioner has already identified the alternative plots of 706/A and 707/A to an extent of 350 square yards in Survey No.560/1, 560/2 and 560/3, situated at Gajwel Village and Mandal, this Court directs the respondent authorities to cancel the earlier allotment of Plot No.2E and reallot alternate Plot Nos.706/A and 707/A to an extent of 350 square yards in Survey No.560/1, 560/2 and 560/3, situated at Gajwel Village and Mandal, to the petitioner herein, subject to availability of the concerned plots. The copy of the order in I.A.No.5 of 2024 in W.P.No.16726 of 2024, shall be annexed to this order for ready reference.
Accordingly, this writ petition is disposed of. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
This application is filed to direct the respondent authorities to cancel Plot No.1E allotted to petitioner No.1 and to allot alternative plots i.e., Plot Nos.747/A and 748/A, total admeasuring 350 sq. yards, in Survey No.560 situated at Gajwel Village and Mandal, to petitioner No.1 in terms of compromise, as per Section 39 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, 'the Act').
It is submitted that the petitioners were allotted Plot Nos.1E and 2E, respectively, admeasuring 250 sq. yards each, in Survey Nos.560/1, 560/2 and 560/3 situated at R&R Colony, Phase V, Gajwel Village and Mandal, Siddipet District, in terms of Rehabilitation and Re-settlement (R&R) package under the provisions of the Act in lieu of acquisition of their lands for construction of Sri Komaravelli Mallanasagar Reservoir in Siddipet District. The petitioners were identified as land losers/project affected families under R&R scheme. They were delivered possession of the aforesaid plots. While so, respondent No.7-contractor started construction in the neighboring land allotted for construction of the District Court complex. Respondent No.7 started digging pits in the petitioners' plots for setting up a tin shed and thereby encroached into the plots of the petitioners.
It is submitted that on 25.06.2024, some Advocates and unknown persons covering their faces had visited the plots of the petitioners and started demolition of pre-cast wall constructed by the petitioners. The incident was videographed. The petitioners dialled '100' and informed the police of Gajwel. Petitioner No.1 is an Advocate and a Member of Gajwel Bar Association. It is stated that the Advocates of Gajwel Bar Association interfered with possession of the petitioners and they also tried to demolish the pre-cast wall constructed by the petitioners. The petitioners submitted representations to the Tahsildar, Revenue Divisional Officer, District Collector, Junior Civil Judge-cum-Judicial Magistrate of First Class. Gajwel, Principal District Judge and other authorities. Complaint dated 27.06.2024 was lodged by the petitioners before the Station House Officer and the Commissioner of Police. However, no action was taken, as such, the petitioners have approached this Court seeking police protection and to restrain anti-social elements and respondent No.7 from entering into their plots.
This Court passed order dated 01.07.2024 directing respondent No.6-Revenue Divisional Officer, Gajwel, to consider the representations of the petitioners dated 24.06.2024, 20.06.2024 and 14.06.2024 regarding encroachment of plots of the petitioners bearing Nos.1E and 2E in Survey Nos.560/1, 560/2 and 560/3, Gajwel village and Mandal, Siddipet District, and pass appropriate orders. Further, pending consideration of such representations, status quo was directed to be maintained.
Learned counsel for the petitioners submitted that pursuant to the order of this Court dated 01.07.2024, respondent No.6 – Revenue Divisional Officer, Gajwel, conducted enquiry and passed order vide letter No. F/1194/2017 dated 24.07.2024, wherein it was recorded that the petitioners were allotted 500 sq. yards (250 sq. yards +250 sq.yards), but the available extent is only 310 sq. yards, thus, it was decided to rectify the boundaries in document No.10329 of 2023 dated 19.07.2023 with actual measurement as per physical availability of the land, and document No.10328 of 2023 dated 19.07.2023 pertaining to petitioner No.2 in respect of Plot No.2E in Survey Nos.560/1, 560/2 and 560/3, admeasuring 250 sq. yards, situated at R&R Colony, Phase V, Gajwel Village and Mandal, Siddipet District, to be cancelled duly re-allotting him another plot bearing No.824/B to an extent of 250 sq. yards located at R&R Colony, Etigaddakistapur Village of Gajwel Mandal. Finally, the Tahsildar, Gajwel was directed to negotiate with the petitioners and take necessary steps for rectification of document No.10329 of 2023 dated 19.07.2023 and allotment of alternative plots of 250 sq. yards each to petitioner Nos.1 and 2.
Learned counsel for the petitioners submitted that in view of the decision of respondent No.6 by the order dated 24.07.2024, this Court may pass appropriate orders directing the authorities to cancel Plot No.1E, admeasuring 250 sq.yards, in Survey Nos.560/1, 560/2 and 560/3 situated at Gajwel Village and Mandal, allotted to petitioner No.1 and thereby allot alternative plots bearing No.747/A & 748/A, total admeasuring 350 sq. yards, in Survey No.560 situated at Gajwel Village and Mandal, Siddipet District, to petitioner No.1.
According to the learned counsel for the petitioners, petitioner No.2 was allotted Plot No.2E, admeasuring 250 sq.yards, in Survey Nos.560/1, 560/2 and 560/3 situated at Gajwel Village and Mandal and the same was cancelled. However, separate PLC proceedings will be drawn against petitioner No.2. Learned counsel requested this Court to pass orders directing the authorities to cancel Plot No.1E, to an extent of 250 sq.yards, in Survey Nos.560/1, 560/2 and 560/3 situated at Gajwel Village and Mandal, allotted to petitioner No.1, and re-allot alternative Plot Nos.747/A & 748/A, total admeasuring 350 sq. yards, in Survey No.560 situated at Gajwel Village and Mandal, Siddipet District, to petitioner No.1 as per terms of compromise dated 28.09.2024 recorded in PLC.No.16 of 2024 before the Lok Adalath held at Siddipet.
Learned Assistant Government Pleader for Revenue and learned counsel appearing for respondent No.8 (President of Gajwel Bar Association) stated that they are not opposing the application and appropriate orders may be passed.
In view of the above, the application is allowed directing the respondent authorities to cancel Plot No.1E admeasuring 250 sq.yards in Survey Nos.560/1, 560/2 and 560/3 situated at Gajwel Village and Mandal, which was allotted to petitioner No.1 under document No.10329 of 2023, and re-allot alternative Plot Nos.747/A & 748/A, total admeasuring 350 sq. yards, in Survey No.560 situated at Gajwel Village and Mandal, Siddipet District, to petitioner No.1 as per terms of compromise dated 28.09.2024 recorded in PLC.No.16 of 2024 before the Lok Adalath held at Siddipet.