E Rojamma vs The State Of Telangana & Ors.

Heard Smt. Himangini Sanghi, learned counsel appearing on behalf of the petitioner and learned Assistant Government Pleader for Municipal Administration and Urban Development, appearing on behalf of respondents.

The petitioner approached the Court seeking prayer as under:

The case of the petitioner in brief as per the averments made in the affidavit filed by the petitioner in support of the present Writ Petition is as under: -The petitioner claims to be the owner of house property bearing H.No.23-5-464/2 situated at Shah Al Banda, Lal Darwaza, Hyderabad, and that a portion of the said property was acquired by the Municipal Corporation of Hyderabad during the year 2006-2007 for the purpose of road widening under the provisions of the Land Acquisition Act. It is further the case of the petitioner that subsequently, a notification dated 18.08.2007 was issued by the competent authority in connection with acquisition of land for the Metro Rail Project, whereby an extent of about 44 square yards forming part of the petitioner's property was sought to be acquired. In order to ascertain the details of the acquisition and to enable the petitioner to pursue petitioner's claim for compensation, the petitioner submitted an application dated 02.05.2025 under Section 6(1) of the Right to Information Act, 2005, seeking copies of the land acquisition proceedings/award relating to her property. As the Public Information Officer failed to furnish the information, the petitioner preferred a First Appeal dated 14.07.2025 under Section 19(1) of the Act, which also did not yield the requisite information. The petitioner thereafter approached the Second Appellate Authority by filing a representation/Second Appeal dated 28.03.2026 under Section 19(3) of the Act, but alleges that no information was furnished and no final order was passed. Aggrieved by the alleged inaction of the respondents, the petitioner has approached this Court by filing the present writ petition.

The learned counsel appearing on behalf of the petitioner mainly puts forth the following submissions:

The petitioner is the owner and possessor of the house property bearing H.No. 23-5-464/2, situated at Shah Ali Banda, Lal Darwaza, Hyderabad.

The respondent No.2 in the year 2006-2007 had acquired a portion of petitioner's house bearing H.No.23-5-464/2 situated at Shah Ali Banda, Lal Darwaza, Hyderabad for the purpose of road widening under the provisions of the Land Acquisition Act.

The respondent No.2 also issued a cheque bearing No.592658, drawn on State Bank of Hyderabad, Municipal Complex, Tank Bund Branch, Hyderabad towards land acquisition compensation and the same was cleared on 18.08.2007.

The Special Deputy Collector (LA), Hyderabad again has issued a notification for the purpose of Metro Rail Project to acquire again part of petitioner property admeasuring 44 square yards in house bearing No.23-5-464/2 situated at Shah Ali Banda, Lal Darwaza, Hyderabad.

The petitioner made a representation to the 4^th respondent herein dated 02.05.2025 to consider the said representation and to furnish a copy of the land acquisition proceedings/award copy in respect of petitioner's property bearing house No.23-5-464/2, situated at Shah Ali Banda, Lal Darwaza, Hyderabad which was acquired by MCH for the purpose of road widening in the year 2006-2007.

The said representation dated 02.05.2025 was filed under Section 6 (1) of the Right to Information Act, 2005. When the petitioner did not receive any information from the 4^th respondent, the petitioner preferred 1^st appeal under Section 19 (1) of the RTA Act, 2005 before the First Appellate Authority.

Aggrieved by the same, the petitioner filed W.P. No.31956 of 2025 before this Court and the same is pending final adjudication.

Aggrieved by the action of the First Appellate Authority, the petitioner again filed Second Appeal under Section 19 (3) of the Right to Information Act, 2005 before the Telangana Information Commission i.e. Respondent No.5 herein on 28.03.2025.

In spite of filing the Second Appeal before Respondent No.5, no information had been provided nor any final order passed as on date. Aggrieved by the same, the petitioner filed the present writ petition.

Based on the above submissions, the learned counsel appearing on behalf of the petitioner contends that the action of the respondents is illegal and arbitrary and therefore, the petitioner is entitled for the relief as sought for in the present writ petition.

The learned Assistant Government Pleader for Municipal Administration and Urban Development, appearing on behalf of respondents submits that appropriate orders may be passed directing the respondent No.5 to dispose of the Second Appeal preferred by the petitioner dated 28.03.2025 under Section 19 (3) of the Right to Information Act, 2005 before the Telangana Information Commission i.e. Respondent No.5 expeditiously.

Taking into consideration:

The aforesaid facts and circumstances of the case,

The submissions made by the learned counsel appearing on behalf of the petitioner and learned Assistant Government Pleader for Municipal Administration and Urban Development, appearing on behalf of respondents,

The fact that no orders had been passed on the Second Appeal preferred by the petitioner under Section 19 (3) of the Right to Information Act, 2005 before the Telangana Information Commission i.e. Respondent No.5 on 28.03.2025 as on date.

The discussion and conclusion as arrived at para Nos.4 to 6 of the present order, The Writ Petition is disposed of directing the respondent No.5 to consider and dispose of the Second Appeal preferred by the petitioner under Section 19 (3) of the Right to Information Act, 2005 before the Telangana Information Commission i.e. Respondent No.5 on 28.03.2025 expeditiously preferably within a period of three (3) weeks from the date of receipt of a copy of this order, in accordance to law, in conformity with principles of natural justice by giving notice to all concerned. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.