INSTRUCTIONS FOR THE WRIT PETITION NOS: 3167 OF 2026

FILED BY SRI. KHADEER PASHA S/O AHMAD R/O KOTHURU

VILLAGE SATHUPALLI MANDAL
The Petitioner Sri. Shaik Khadeer Pasha, S/o Ahmad Age.50 years Occ: Agriculture R/o
Kothuru Rejarla Village, Sathupalli Mandal. Khammam District has filed Writ Petitions vide
W.P No.3167 of 2026 before the Hon'ble High Court of Judicature for the State of Telangana,
Hyderabad that the respondents attempting to take possession of the Petitioners’ lands pursuant to
Award [Link].A/2097/2019/T&S2 dated 11.08.2025 without determining and paying
compensation for Sandalwood (Srigandham) and Malabar Neem (Malabar Vepa) trees as illegal.
BRIEF FACTS OF THE CASE W.P NO.3167 OF 2026

The General Manager, SCCL Kothagudem area has filed a requisition before the District
Collector, Khammam vide letter [Link]/EST/P/33/419 dated 11-9-2019, to an extent of
Ac.33.33gts in Rejarla Revenue Village for the diversion of road from Sathupalli to Vijayawada.
Accordingly the Revenue Divisional Officer, Kalluru has appointed as Land Acquisition Officer
to initiate the land acquisition.
In order to follow the due procedure as per the provisions of RFCTLA RR Act. 2013 the
LAO has issued Preliminary Notification dated 11-12-2020 under section 11 of the RFCTLARR
Act 2013 and same has been published in Official Gazette and newspapers vide
[Link].A3/57/2020, Dated.11.12.2020. Further LAO has issued Preliminary Declaration dated 19-
04-2021 under section 19 of the RFCTLARR Act 2013 for acquisition of the lands of petitioners
has been published in Official Gazette and newspapers [Link].A3/14/2021, Dated.19.04.2021, the
details are as follows.

Name of the language of Name of the

[Link] Date of Publication
notification news paper News paper
1 Form-VI/ Form-C Telugu Sakshi 20.12.2020
The New India
2 Form-VI/ Form-C English 19.12.2020
Expresses
Namaste
3 Form-VII Telugu 24.04.2021
Telangana
4 Form-VII English Hans India 24.04.2021

Some of the enjoyers were given consent @Rs.25.00 lakhs per acre in various stages of
awards and executed the Form-E1, before the respondent no.3 under the provisions of Right to
Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,
2013. read with [Link].120 Dated. 30.06.2017. the consent awards were passed in various
phases for land to an extent of Acs.29.27 ¼ gts.

In this juncture, Sri. [Link] and other (16) were filed a W.P no. 7557 of 2021
before the Hon’ble High Court, Hyderabad with a plea of non-consideration of objections filed
before the issuance of Preliminary Declaration, which was ordered dated. 26.03.2024, as shown
below.
“ In view of the above findings, this writ petition is disposed of by setting aside the award
proceedings 1n [Link].A/2097/2019, dated 10.04.2022 in so far as the petitioners' properties are
concerned and the respondent No.3 is directed to proceed with the land acquisition proceedings
from the stage of Section 15 of Right to Fair Compensation and Rehabilitation and Transparency
in Land Acquisition, Resettlement Act, 20l3 and give opportunity for personal hearing to the
petitioners and pass appropriate orders as per law within three (3) months from the date of receipt
of copy the order. There shall be no order as to costs.”

In view of the above, in order to obey the Hon’ble High Court order, the Land Acquisition
Officer/Revenue Divisional Officer, Kalluru has issued notices several times on 15.06.2024,
22.06.2024, & 10.09.2024 with the final notice being issued on 02.12.2024 to provide opportunity
to the petitioners to appear before the LAO for hearing of objection and submission of grievance
under the provision of Section 15(1) of the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act. 2013 on 21.06.2024, 26.06.2024 , 28.09.2024
& 09.12.2024 as to obey the orders of the Hon’ble High Court.

Further, the petitioners attended, and refused to sign on attendance, further submitted their
grievance before the Land Acquisition Officer/Revenue Divisional Officer, Kalluru, respondent
no.3 on 09.12.2024. Accordingly, the respondent no.3 has allowed the petition filed under section
15(1) of the Act. The said petition reply has been given vide Memo [Link]. A/2097/2019,
Dated.11.12.2024. under the provision of section 15(2) of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act. 2013. It is submitted that,
the respondent no.3 has duly followed the Hon’ble High Court orders and provided opportunity of
personal hearing to the petitioners and the allegations made by the petitions are false and baseless.

As per the orders of the Hon’ble High Court, in Writ Petition No.7557 of 2021, the
respondent No.3 has again issued Preliminary Declaration proposals vide [Link].G1/2118/2019,
Dated.08.05.2025 to an extent of Ac.4.05 ¾ gts under the provisions of the section 19(1) of Right
to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,
2013 which is left after the submission of consents.

It is submitting that, again the Writ Petitioners Smt. S. Radhika and others has filed Writ
petition no.4627 of 2025 before the Hon’ble High Court for the state of Telangana at Hyderabad
on memo issued by the respondent no.3 while complying the Hon’ble High Court orders. The
counter filed by the Respondent and which is under pending before the Hon’ble High Court.
After the due procedure the General award vide [Link].A/2097/2019, Dated,17.03.2025
was passed for an extent of Ac 4.05 ¾ gts for fixing the market value @ Rs. 21,07,763.00 (Twenty-
one lakhs seven thousand and seven hundred and sixty-three rupees only) per acre to the agriculture
land to an extent of Ac. 3.15 ¾ gts, and commercial land @Rs.320/-(Rupees three hundred and
twenty only) per square yard to an extent of Ac.0.30gts.
Accordingly, the Petitioners have received the land compensation under protest under
Section 64 of the RFCTLARR Act, 2013, and in particular, the Petitioner herein has accepted the
compensation under protest and requested for reference to the Hon’ble LARR Authority,
Hyderabad, which has been duly referred by Respondent No.7 vide LAOP No.523/2025, SR
No.2195.
It is true that, he awardees covered in General Award(land) to an extent of Ac.4.05 ¾ gts
has received the land compensation under protest, except the writ petitioner, Smt. S. Radhika
covering an extent of Ac.0.04gts, hence the possession has been handed over to the requisition
department to an extent of Ac.3.05 ¾ gts, further it is submit that, the trees and structures award
was passed vide [Link]. A/2097/2019/T&S-2 for other trees and Structures except the said Sri
Gandham & malbar Vepa, since the non-availability of the market value to ‘Sri Gandham &
Malbar Vepa” plants existed in an extent of Ac.0.36gts, the possession has not handover to the
requisition department.
It is respectfully submitted that, the payment towards Srigandham (Sandalwood) is delayed
since no official enumeration and valuation guidelines for Srigandham (Sandalwood) were
available in the State of Telangana at the relevant time, the District Collector, Khammam,
constituted a Committee in the year 2022 under [Link].B/2992/2008 dated 26.10.2022, under the
Chairmanship of the then Revenue Divisional Officer/Sub-Collector, Kallur, with the Divisional
Forest Officer, Sathupalli, as Convener along with three other departments concerned with trees
and plantations, and the said Committee finalized the valuation and submitted its report to the
Respondent-7. After receipt of the enumeration and valuation report from the Forest Divisional
Officer, Sathupalli, possession was handed over to the requisitioning department for road laying
work in n furtherance of the public purpose.
It is respectfully submitted that, after receipt of the enumeration and valuation report, the
Petitioner has submitted a representations and stating that the valuation fixed by the Forest
Officials was not enhanced, contending that the market value was adopted as per the 2022
Committee proceedings and that valuation was awarded only for 339 trees out of the 576 trees
mentioned in the Preliminary Notification;
In view of the above, it is further submitted that the Respondent-7 has visited the field,
called for relevant records relating to the plantation valuation and number of plants, and sought a
detailed report from the Forest Officials to examine whether the valuation is liable for
enhancement, and are making earnest efforts to ensure that lawful and just compensation is
extended to the farmer in accordance with the provisions of law.
It is respectfully submitted that, in the present context, the process of passing the award is
being expedited while seeking necessary clarification from the Forest Officials; upon receipt of a
detailed report regarding the valuation and any possibility of enhancement, the Respondents shall
take appropriate steps to finalize the award at the earliest, and are making earnest efforts to ensure
that lawful and just compensation is extended to the farmer strictly in accordance with the
provisions of law; upon completion of the award proceedings, due intimation shall be given to the
Petitioners, and it is further submitted that, if awardee is aggrieved by the quantum of
compensation awarded, he is at liberty to seek reference under Section 64 of the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
before the competent LARR Authority, Hyderabad.
It is respectfully submitting that, so far the enjoyers/interested persons were filed Writ
petitions in different stages and creating obstacles to the LAO to move forward in land acquisition
for formation of road diversion from Sathupalli to Vijayawada, it is true that, there is no alternative
way to approach the Vijayawada from Sathupalli for daily transport.
In view of the above, it is most humbly prayed that, the Hon’ble High Court may be pleased
to allow the land acquisition, since the action taken by the Land Acquisition Officer / Sub-
Collector, Kalluru, is only in the larger interest of the Government. It is further submitted that the
proposed acquisition is also essential for improving transportation facilities from Sathupalli to
Vijayawada, which is vital for public convenience and development.

LAO/ Sub Collector,

Kalluru.