Shoba Mangillipally vs The State Of Telangana on 15 May, 2026

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    Telangana High Court

    Shoba Mangillipally vs The State Of Telangana on 15 May, 2026

          IN THE HIGH COURT FOR THE STATE OF TELANGANA
                          AT HYDERABAD
    
             THE HON'BLE SRI JUSTICE G.M.MOHIUDDIN
    
                     WRIT PETITION No.16707 of 2026
    
                               DATE: 15.05.2026
    
    Between:
    Shoba Mangillipally
    W/o. Late M.Suryanarayana.
                                                                    ... Petitioner
                                          AND
    The State of Telangana,
    Represented by its Secretary,
    Department of Revenue, Secretariat,
    Hyderabad and three (03) others.
                                                                   ... Respondents
    
                                       ORDER
    

    The present writ petition is filed with the following prayer:

    “……to issue an appropriate order or direction, more
    particularly one in the nature of Writ of Mandamus,
    declaring the inaction of the Respondents in not
    considering and disposing of the Petitioner’s representation
    dated 24.11.2025 as illegal, arbitrary and violative of the
    principles of natural justice and Articles 14 and 300-A of
    the Constitution of India, and consequently direct the
    Respondents to revise the location of the proposed storage
    tank from its present position in the middle of the
    Petitioner’s land to the beginning of the land where the
    inlet pipelines enter, in Sy.No.148, admeasuring Ac.0-28
    guntas, situated at Chilkamarri Village, Gudipally Mandal
    (previously Peddadiserla Pally Mandal), Nalgonda District,
    and further realign the inlet and outlet pipelines in such a
    manner that the Petitioner’s remaining extent of Ac.11.01
    guntas is not rendered unfit for meaningful agricultural or
    developmental use, and to furnish the Detailed Project
    Report (DPR) and revised layout reflecting such relocation
    and realignment, and pass such other order or orders as
    this Hon’ble Court may deem fit and proper in the
    circumstances of the case and in the interest of justice. ….”

    2. Heard Mr.Karam Chandu Komireddy, learned counsel for

    SPONSORED

    the petitioner who appeared virtually; learned Assistant
    ::2::

    Government Pleader for Revenue appearing for respondent Nos.1

    to 3 and learned Assistant Government Pleader for Irrigation

    appearing for respondent No.4 and perused the material on

    record.

    3. The case of the petitioner, in brief, is that the petitioner

    claims to be the owner and possessor of land admeasuring

    Ac.11.29 guntas in Sy.No.148/A/1 situated at Chilkamarri

    Village, Gudipally Mandal, Nalgonda District. It is the specific

    case of the petitioner that, out of the said extent, an extent of

    Ac.0-28 guntas is sought to be acquired for construction of a

    storage tank and laying of pipelines under the Akkampally

    Balancing Reservoir Lift Irrigation Scheme. The grievance of the

    petitioner is that though the petitioner has no objection for

    acquisition of the said land, the respondents are proposing to

    locate the storage tank and pipelines in the middle of the

    petitioner’s land, thereby rendering the remaining extent

    unusable for agricultural and other developmental purposes. It

    is submitted that the petitioner had earlier filed W.P.No.16998 of

    2025 challenging the award proceedings dated 06.01.2025. This

    Court by order dated 20.06.2025 disposed of the said writ

    petition with the following directions :

    i. That if the petitioner is aggrieved with the Detailed Project
    Report (DPR) or designs for the construction of storage
    ::3::

    tanks, the petitioner is permitted to make appropriate
    representation to the respondents, which the respondents
    shall examine strictly in accordance with law.

    ii. If the petitioner is aggrieved by the compensation awarded,
    the petitioner is at liberty to challenge the award
    proceedings vide Lr.No.F/59/2023 dated 06.01.2026
    before the appropriate forum or make a representation
    before the competent authority for allotment of alternative
    land in lieu of compensation.

    4. It is submitted that pursuant to the said order of this

    Court dated 06.01.2026, the petitioner submitted a detailed

    representation dated 24.11.2025 (Ex.B1) requesting the

    authorities to relocate and realign the proposed storage tank and

    pipelines towards the boundary of the petitioner’s land. However,

    the respondents have not considered the same and have

    proceeded with the construction activity on the said land of the

    petitioner. Aggrieved thereby, the present writ petition is filed.

    5. Under Article 226 of Constitution of India, this Court does

    not sit as an appellate authority over technical project designs.

    The choice of alignment for a storage tank and pipelines involves

    topographical and engineering considerations. As explicitly held

    by this Court in its earlier order dated 20.06.2025 :

    “5. This Court is not technically expertised to decide the
    proposals/designs prepared for construction of the
    storage tanks……”

    ::4::

    6. The petitioner’s request to relocate the storage tank to the

    beginning of the land where the inlet pipes enter is a substantive

    modification of the Detailed Project Report. Judicial interference

    with such technical decisions is warranted only if mala fide,

    arbitrariness or perversity is alleged and demonstrated. There is

    no such material placed on record in the present writ petition.

    The petitioner herself admits that the tank is a part of public

    irrigation project and that the petitioner has no objection to the

    acquisition per se.

    7. The learned Assistant Government Pleader for Irrigation

    has placed on record the written submissions issued by

    Executive Engineer, Irrigation Division No.4, Angadipet Village,

    P.A.Pally Mandal, Nalgonda District which are extracted

    hereunder:

    It is submitted that requisition proposals were received from
    the Executive Engineer. DLIS Division No.4, Angadipet, P.A.
    Pally Mandal, Nalgonda District, for acquisition of lands to
    an extent of Ac.2.10 guntas in Sy.Nos.128, 132, 133, 138,
    140, 148 and 149 situated at Chilkamarry Village of
    Gudipally Mandal for execution of Akkampally Balancing
    Reservoir Lift Irrigation Scheme, which is a public irrigation
    scheme intended for the benefit of ayacut farmers.
    The Petitioner’s land admeasuring Ac.0.28 guntas in
    Sy.No.148 of Chilkamarry Village was also covered under
    the acquisition proceedings initiated under the provisions of
    the Right to Fair Compensation and Transparency in Land
    Acquisition, Rehabilitation and Resettlement Act, 2013
    . The
    Petitioner is the pattadar and title holder of the subject land
    and was issued Pattadar Passbook No.T28210020354.
    Preliminary Notification under Section 11 of the RFCTLARR
    Act, 2013 was submitted vide Lr.No.F/59/2023 dated
    14.07.2023 and approved by the District Collector, Nalgonda
    vide Proc No.G1/4891/2022 dated 24.07.2023. The said
    ::5::

    notification was published in Telangana Extraordinary
    District Gazette No.79/2023 dated 25.07.2023. The
    notification was also published in the following newspapers
    as required under law:

    1. Capital Information English Daily dated 10.08.2023;
    and

    2. Mana Telangana Telugu Daily dated 10.08.2023.

    The Petitioner’s land was specifically covered under the said
    notification. However, no objections were received from the
    Petitioner within the stipulated period prescribed under law.
    Subsequently, declaration proposals under Section 19(1) of
    the Act in Form-VII were submitted vide L.r.No.F/59/2023
    dated 16.12.2023 and approved by the District Collector,
    Nalgonda vide Proc.No.G1/4891/2022 dated 16.01.2024.
    Gazette publication was also issued vide Gazette No.02
    dated 17.01.2024. The declaration was further published in
    the following newspapers:

    1. Prabhata Velugu Telugu Daily dated 28.01.2024; and

    2. The Hans India English Daily dated 28.01.2024.

    Further, market value of the subject land was fixed at
    Rs.8,31,087/- per acre under Section 26 of the RFCTLARR
    Act, 2013 vide Proc.No.F/59/2023 dated 21.10.2023. Award
    Enquiry Notice was issued to all notified persons. However,
    due to non-availability of the Petitioner’s address and phone
    number, notice under Section 21(1) of the Act was served
    through affixture on the Notice Board of Chilkamarry Gram
    Panchayat Office vide File No.F/59/2023 dated 18.11.2024.
    Accordingly, Award Proceedings No.F/59/2023 dated
    06.01.2025 were passed for acquisition of Ac.0.28 guntas in
    Sy.No.148 along with other lands and compensation
    amounting to Rs.18,92,747/-(Rupees Eighteen Lakhs Ninety
    Two Thousand Seven Hundred and Forty Seven only) was
    awarded to the Petitioner. Thereafter, notice under Section
    37(2)
    of the Act was also issued to the Petitioner.
    Despite issuance of endorsements dated 16.07.2025 and
    22.07.2025 requesting the Petitioner to receive the
    compensation amount, the Petitioner did not come forward to
    receive the same. Hence, the compensation amount of
    Rs.18,92,747/- was deposited before the Hon’ble Land
    Acquisition, Rehabilitation and Resettlement Authority,
    Hyderabad on 25.08.2025 vide Lr.No.F/59/2023 dated
    14.08.2025 and accordingly LAOP No.353 of 2025 was
    allotted by the Hon’ble Authority.

    It is further submitted that the Petitioner had earlier
    approached the Hon’ble High Court by filing W.P.No.16998 of
    2025 raising substantially similar grievances regarding the
    location and alignment of the proposed storage tank and
    pipelines.

    ::6::

    The Hon’ble High Court, by order dated 20.06.2025 in
    W.P.No.16998 of 2025, was pleased to observe that the
    Hon’ble Court is not technically equipped to decide the
    proposals/designs prepared for construction of storage tanks
    and permitted the Petitioner to submit representation before
    the Respondents for examination in accordance with law and
    the writ petition was disposed of with no order as to costs.
    Pursuant thereto, the representations submitted by the
    Petitioner dated 04.06.2025, 18.07.2025 and 24.11.2025
    were duly examined by the competent technical authorities.
    Upon detailed technical examination, it was found that the
    existing approved location of the storage tank and alignment
    of the pipelines were finalized strictly based on engineering
    feasibility, hydraulic requirements, gravity flow
    requirements, ayacut considerations, ground levels, field
    conditions and overall project requirements.
    The Detailed Project Report (DPR), project layouts and
    technical designs were duly approved by the competent
    authorities and form an integral part of the sanctioned public
    irrigation scheme.

    It is respectfully submitted that the relocation of the storage
    tank and realignment of the pipelines, as sought by the
    Petitioner, are technically not feasible. Any alteration in the
    approved alignment and location would adversely affect the
    hydraulic functioning of the scheme, disturb gravity flow
    requirements, affect the ayacut proposed to be served,
    necessitate revision of the approved DPR and technical
    sanctions and consequently result in escalation of project
    cost and delay in execution of the public irrigation project.
    It is further submitted that the relevant technical drawings
    pertaining to the proposed Main Delivery Cistern (Storage
    Tank) and approved pipeline alignment were furnished to the
    Petitioner through WhatsApp and also by hand whenever the
    Petitioner visited the office and requested for the same.

    It is specifically submitted that the pipelines proposed under
    the scheme are underground pipelines and after completion
    of the works the land surface will be restored. Adequate
    access arrangements and crossing facilities are also being
    provided to ensure uninterrupted ingress and egress to the
    remaining land of the Petitioner. Therefore, the allegation
    that the remaining extent of land belonging to the Petitioner
    would become unusable, inaccessible or unfit for agricultural,
    developmental or construction purposes is baseless,
    imaginary and unsupported by facts.

    The Respondents have acted strictly in accordance with the
    provisions of the RFCTLARR Act. 2013, approved DPR,
    sanctioned layouts and technical specifications and there is
    no illegality, arbitrariness or violation of principles of natural
    justice.

    ::7::

    It is also submitted that the present Writ Petition has been
    filed on substantially similar grounds which were already
    considered by the Hon’ble High Court in the earlier Writ
    Petition and therefore the present Writ Petition is devoid of
    merits and liable to be dismissed.

    8. The petitioner’s primary prayer seeks a mandamus to

    compel the respondents to relocate the tank and realign the

    pipelines in a specific manner. In the considered view of this

    court, such a mandamus cannot ordinarily be issued. The

    respondents have according to the written instructions

    submitted by the learned Assistant Government Pleader for

    Irrigation already applied their mind and examined the

    representations submitted by the petitioner dated 04.06.2026,

    18.07.2025 and 24.11.2025 in detail and found that the request

    of the petitioner was not feasible. This Court is not technically

    qualified to determine the location of the tank, which according

    to the written instruction extracted above, was finalized based on

    the engineering feasibility, hydraulic requirements and gravity

    flow requirements, ayacut consideration, ground levels, field

    conditions and overall project requirements.

    9. In the facts and circumstances of the case, the petitioner’s

    claim of violation of her right to property under Article 300-A of

    the Constitution of India is misconceived. The award dated

    06.01.2025 has already been passed. The petitioner did not

    challenge the validity of the acquisition in the present writ
    ::8::

    petition. On the contrary, the petitioner in her affidavit states

    that she has no objection to the acquisition per se. The

    petitioner’s grievance regarding the award not being served

    properly and the survey having been conducted in her absence

    pertain to the pre-award stage. Those issues ought to have been

    raised raised in the earlier writ petition or before the reference

    Court under Section 64 of the Right to Fair Compensation and

    Transparency in Land Acquisition, Rehabilitation and

    Resettlement Act, 2013. The said issue cannot be reagitated in

    this writ petition, more particularly when there is no challenge to

    the award.

    10. As regards the compensation, the petitioner was explicitly

    granted liberty by the earlier order of this Court dated

    20.06.2025 in W.P.no.16998 of 2025 to challenge the award

    before the appropriate forum or to seek alternative land in lieu of

    compensation. That remedy remains available and is efficacious.

    It is settled law that a writ petition is not maintainable for

    enhancement of compensation or for seeking an alternative land

    in lieu of compensation, when an efficacious statutory

    alternative remedy exists under the land acquisition statute.

    11. The prayer for mandamus directing relocation and

    realignment of the tank in the manner sought by the petitioner
    ::9::

    cannot be accepted. The project involved is a public irrigation

    scheme and petitioner cannot be permitted to halt public works,

    especially, when there is no objection for acquisition of the land.

    12. In view of the aforesaid facts and circumstances, this Court

    does not find any merit in the writ petition warranting

    interference under Article 226 of the Constitution of India.

    13. The writ petition is liable to be dismissed and is

    accordingly dismissed. There shall be no order as to costs.

    As a sequel, miscellaneous petitions, pending if any, stand

    closed.

    _______________________
    G.M. MOHIUDDIN,J

    Date:15.05.2026
    ADT



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