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2015 DAILYLAW 992 (AP)

BHANUSHALI SISAL FIBRE INDUSTRY amp PLANTATION PETAKUNTA,amp ANOT v. STATE OF AP,PRL.SCY,REVENUE,HYD,& 2

WP/34330/2015 · 2026-05-05

Cheekati Manavendranath Roy

body2015

Judgment text

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APHC010607802015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3163] WEDNESDAY,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY WRIT PETITION Nos:34168, 34327 and 34330 of 2015 W.P.No.34168 of 2015 Between: 1. BHANUSHALI SISAL FIBRE INDUSTRY AMP PLANTATION PETAKUNTA,AMPANOT, PETAKUNTA, A PARTNERSHIP FIRM, HAVING ITS OFFICE AT UDAYABHANU APARTMENTS, 4TH FLOOR, M.G. ROAD, RAJAWADI, GHATKOPAR EAST, MUMBAI 400 077 REPRESENTED BY ITS MANAGING PARTNER, PRATAP CHHAGANLAL JOISHER, CHHAGANLAL VELJI 2. PRATAP CHHAGANLAL JOISHER,, S/O. CHHAGANIAL VELJI, AGED ABOUT 75 YEARS, OCC: L3USINESS, R/O. UDAYABHANU APARTMENTS, 4TH FLOOR, M.G. ROAD, RAJAWADI, GHATKOPAR EAST, MUMBAI - 400 077 ...PETITIONER(S) AND 1. STATE OF AP PRL SCY REVENUE HYD 2, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (LAND ACQUISITION) DEPARTMENT, SECRETARIAT BUILDINGS, HYDERABAD. 2. DISTRICT COLLECTOR, ANANTHAPUR DISTRICT, FERRER NAGAR, ANANTHAPUR. 3. REVENUE DIVISIONAL OFFICER, PENUKONDA, ANANTHAPUR DISTRICT. 4. THE A P INDUSTRIAL INFRASTRUCTURE CORPORATION LTD REP BY, ITS GENERAL MANAGER (LAW), PARISRAMA BHAVAN, 6TH 2 CMR,J W.P.Nos.34168, 34327 and 34330 OF 2015 FLOOR, FATEH MAIDAN ROAD, BASHEERBAGH, HYDERABAD R4 IS IMPLEADED AS PER C.O. DT. 2-11-15 IN WPMP 45783 OF 15 5. VIKRAM JETHALAL JOISHER S/O LATE JETHALAL HARIDAS JOISHER, R/O. PETAKUNTA, SOMANDEPALLI MANDAL, ANANTAPUR DISTRICT 6. JYOTHI JETHALAL JOISHER D/O LATE JETHALAL HARIDAS JOISHER, R/O. PETAKUNTA, SOMANDEPALLI MANDAL, ANANTAPUR DISTRICT 7. DEVAYANI PRAKSH JOISHER W/O LATE PRAKASH JETHALAL JOISHER, R/O. PETAKUNTA, SOMANDEPALLI MANDAL, ANANTAPUR DISTRICT 8. RIDDHI PRAKSH JOISHER D/O LATE PRAKASH JETHALAL JOISHER, R/O. PETAKUNTA, SOMANDEPALLI MANDAL, ANANTAPUR DISTRICT 9. MIHIR PRAKSH JOISHER S/O LATE PRAKASH JETHALAL JOISHER, R/O. PETAKUNTA, SOMANDEPALLI MANDAL, ANANTAPUR DISTRICT RR 5TO9 ARE IMPLEADED AS PER C.O. DT. 9-11-15 IN WPMP 47156 OF 15 ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue a Writ, Order or Direction more particularly, one in the nature of Writ of "Mandamus" declaring the action of the Respondents in initiating land acquisition proceedings including by issuing a preliminary notification vide Rc No. 342/2015/K dated 04.03.2015, without following the procedure stipulated under Chapter II of the Right to Fair Compensation and Transparency in Land Acquisition. Rehabilitation and Resettlement Act, 2013 as being illegal, arbitrary, contrary to the statutory provisions as also being violative of Articles 14, 19 (1) (g), 21 and 300A of the Constitution of India and consequently set aside all the acquisition proceedings including the preliminary notification vide Re No. 342/2015/K dated 04.03.2015 and all the proceedings pursuant thereto in respect of the Petitioners' land admeasuring Ac. 4g-00 cents in Sy. Nos. 99/2B in Gudipalli Village, Somandepalli Mandal, Ananthapar District 3 CMR,J W.P.Nos.34168, 34327 and 34330 OF 2015 IA NO: 1 OF 2015(WPMP 43972 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings pursuant to the preliminary notification vide Rc No. 342/2015/K dated 04.03.2015 in respect of the Petitioners' land admeasuring Ac. 48-00 cents in Sy. Nos. 99/213 in Gudipalli Village, Somandepalli Mandal, Ananthapur District IA NO: 2 OF 2015(WPMP 45783 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased permit the APIIC Limited, Rep. by its General Manager (Law), to come on record as Respondent No.4 in W.P.No.34168 of 2015 and pass IA NO: 3 OF 2015(WPMP 46045 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to take this Additional Affidavit along with the additional documents on record and pass IA NO: 4 OF 2015(WPMP 46046 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to allow the Petitioners to amend the main prayer sought for in the writ petition by replacing the earlier prayer which reads as: "It is therefore prayed that this Hon'ble Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in initiating land acquisition proceedings including by issuing a preliminary notification vide Rc No. 342/2015/K dated 04.03.2015. without following the procedure stipulated under Chapter 11 of the Right.to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as being illegal, arbitrary, contrary to the statutory provisions as also being violative of Articles 14, 19 (1) (g), 21 and 300A of the Constitution of India and consequently set aside all the acquisition proceedings including the preliminary notification vide Re No. 342/2015/K dated 04.03.2015 and all the proceedings pursuant thereto in respect of the Petitioners' land admeasuring Ac. 48-00 cents in Sy. Nos. 99/213 in Gudipalli Village, Somandepalli Mandal, Ananthapur District and pass any other order 4 CMR,J W.P.Nos.34168, 34327 and 34330 OF 2015 or orders as this Court may deem fit and proper in the circuity tanees of the case.- with the following prayer: "It is therefore prayed that this lion'ble Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of "Writ of Mandamus" declaring the initiation and further conduct of proceedings for acquisition of petitioner's land admeasuring Ac. 48-00 cents in Sy. Nos. 99/213 in Gudipalli Village, Somandepalli Mandal, Ananthapur District under Chapter 111A of Right to Fair Compensation and Transparency in Land Acquisition. Rehabilitation and Resettlement Act, 2013 including the issue of preliminary notification vide Re No. 342/2015/K dated 04.03.2015 under Section 11, the Declaration vide Rc. No. 342/2015/K under Section 19 and the Notice vide Re No. 342/2015/K dated 24.08.2015 under Section 21 as ultra vires and unconstitutional; ii. declaring G.O. Ms. No. 16 dated 29.01.2015 as ultra vires 'The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Ordinance. 2015 (No.4 of 2015) dated 03.04.2015 and in any event as no longer applicable for maintaining acquisition proceedings against the petitioner's land admeasuring Ac. 4800 cents in Sy. Nos. 99/2B in Gudipalli Village, Somandepalli Mandal. Ananthapur District; iii. to set aside all such proceedings including the issue of preliminary notification vide Rc No. 342/2015/K dated 04.03.2015 under Section 11, the Declaration vide Rc. No. 342/2015/K under Section 19 and the Notice vide Rc No. 342/2015/K dated 24.08.2015 under Section 21; iv. and pass IA NO: 5 OF 2015(WPMP 47156 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased permit the petitioners/proposed respondents No.5-9 herein to implead as party respondents No.5 & 9, in the Writ Petition No. 34168,12015 and in the Miscellaneous Petitions IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to grant leave to the petitioner herein / Respondent No.3 in W.P.No.34168 of 2015 to file counter affidavit in the above Writ Petition and pass IA NO: 1 OF 2026 5 CMR,J W.P.Nos.34168, 34327 and 34330 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased May be pleased to permit the proposed Petitioners to be brought on record as Petitioner Nos. 3 and 4, being the legal representatives of the deceased Petitioner No.2 in W.P. No. 34168 of 2015, and pass Counsel for the Petitioner(S): 1. D S SIVADARSHAN Counsel for the Respondent(S): 1. VALLURU CHETAN SUSHEEL 2. GP FOR LAND ACQUISITION (AP) 3. SUDARSHAN REDDY DUDDUGUNTA 4. RAMA CHANDRA RAO GURRAM 5. P ROY REDDY 6. . 7. THE ADVOCATE GENERAL (AP) W.P.No.34327 of 2015 Between: 1. MP,BHANUSHALI SISAL FIBRE INDUSTRY AMP PLANTATION, MUMBAI AMP AN, PETAKUNTA, A PARTNERSHIP FIRM, HAVING ITS OFFICE AT UDAYABHANU APARTMENTS, 4TH FLOOR, M.G. ROAD, RAJAWADI, GHATKOPAR EAST, MUMBAI - 400 077 REPRESENTED BY ITS MANAGING PARTNER, PRATAP CHHAGANLAL JOISHER, CHHAGANLAL VELJI. 2. PRATAP CHHAGANLAL JOISHER,, S/O. CHHAGANLAL VELJI, AGED ABOUT 75 YEARS, OCC: BUSINESS, R/O. UDAYABHANU APARTMENTS, 4TH FLOOR, M.G. ROAD, RAJAWADI, GHATKOPAR EAST. MUMBAI - 400 077. ...PETITIONER(S) AND 6 CMR,J W.P.Nos.34168, 34327 and 34330 OF 2015 1. PRL SECRETARY REVENUE LA DEPT HYD 2 OTHERS, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (LAND ACQUISITION) DEPARTMENT, SECRETARIAT BUILDINGS, HYDERABAD. 2. DISTRICT COLLECTOR, ANANTHAPUR DISTRICT, FERRER NF.IGAR, ANANTHAPUR. 3. REVENUE DIVISIONAL OFFICER PENUKONDA ANANTHAPUR DISTRICT, - 4. THE A P INDUSTRIAL INFRASTRUCTURE CORPORATION LTD REP BY, ITS GENERAL MANAGER (LAW), PARISRAMA BHAVAN, 6TH FLOOR, FATEH MAIDAN ROAD, BASHEERBAGH, HYDERABAD R4 IS IMPLEADED AS PER C.O. DT. 2-11-15 IN WPMP 45782 OF 15S 5. VIKRAM JETHALAL JOISHER S/O LATE JETHALAL HARIDAS JOISHER, R/O. PETAKUNTA, SOMANDEPALLI MANDAL, ANANTHAPUR DISTRICT 6. JYOTHI JETHALAL JOISHER D/O LATE JETHALAL HARIDAS JOISHER, R/O. PETAKUNTA, SOMANDEPALLI MANDAL, ANANTHAPUR DISTRICT 7. DEVAYANI PRAKASH JOISHER W/O LATE PRAKSH JETHALAL JOISHER, R/O. PETAKUNTA, SOMANDEPALLI MANDAL, ANANTHAPUR DISTRICT 8. RIDDHI PRAKASH JOISHER D/O LATE PRAKSH JETHALAL JOISHER, R/O. PETAKUNTA, SOMANDEPALLI MANDAL, ANANTHAPUR DISTRICT 9. MIHIR PRAKASH JOISHER S/O LATE PRAKSH JETHALAL JOISHER, R/O. PETAKUNTA, SOMANDEPALLI MANDAL, ANANTHAPUR DISTRICT RR 5TO9 ARE IMPLEADED AS PER C.O. DT. 9-11-15 IN WPMP 47107 OF 15 ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue a Writ, Order or Direction more particularly, one in the nature of Writ of -Mandamus- declaring the action of the Respondents in initiating land acquisition proceedings including by issuing a preliminary 7 CMR,J W.P.Nos.34168, 34327 and 34330 OF 2015 Notification dated 20.05.2015 and all the proceedings pursuant thereto, without following the procedure stipulated under Chapter II of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as being illegal, arbitrary and contrary to statutory provisions as also being violative of Articles 14, 19 (1) (g), 21 and 300A of the Constitution of India and consequently set aside all the acquisition proceedings including the preliminary Notification dated 20.05.2015 and all proceedings pursuant thereto in respect of the Petitioners' land admeasuring Ac. 101601 cents in Sy. Nos. 65/1, 67/1A, 73/213, 93/2, 94/1, 94/2, 97 and 99/2A in Gudipalli Village, Somandepalli Mandal, Ananthapur District and pass. IA NO: 1 OF 2015(WPMP 44142 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings pursuant to the preliminary Notification dated 20.05.2015 in respect of the Petitioners' land admeasuring Ac. 1016-39 cents in Sy. Nos. 65/1, 67/1 A, 73/2B, 93/2, 94/1, 94/2, 97 and 99/2A in Gudipalli Village, Somar!depalli Mandal, Ananthapur District and pass. IA NO: 2 OF 2015(WPMP 45782 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased permit the AMC Limited, Rep. by its General Manager (Law), to come on record as Respondent No.4 in W.P.No.34327 of 2015 and pass IA NO: 3 OF 2015(WPMP 46051 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to allow the Petitioners to amend the main prayer sought for in the writ petition by replacing the earlier prayer which reads as: It is therefore prayed that this Hon'ble Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in initiating land acquisition proceedings including by issuing a preliminary Notification dated 20.05.2015 and all the proceedings pursuant thereto, without following the procedure stipulated under Chapter II of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as being illegal, arbitrary and 8 CMR,J W.P.Nos.34168, 34327 and 34330 OF 2015 contrary to statutory provisions as also being violative of Articles 14, 19 (1) (g), 21 and 300A of the Constitution of India and consequently set aside all the acquisition proceedings including the preliminary Notification dated 20.05.2015 and all proceedings pursuant thereto in respect of the Petitioners' land admeasuring Ac. 1016-39 cents in Sy. Nos. 65/1, 67/IA, 73/213, 93/2. 9471, 94/2, 97 and 99/2A in Gudipalli Village. Somandepalli Mandal, Ananthapur District and pass any other order or orders as this Court may deem fit and proper in the circumstances of the case." with the following prayer: -It is therefore prayed that this Hon'ble Court may be pleased to issue an appropriate 'yrit. order or direction more particularly one in the nature of "Writ of Mandamus" declaring the initiation and further conduct of proceedings for acquisition of petitioner's land admeasuring Ac. 1016-39 cents in Sy. Nos. 65/1, 67/1A, 73/213, 93/2. 94/1, 94/2, 97 and 99/2A in Gudipalli Village, Somandepalli Mandal, Ananthapur District under Chapter 111A of Right to Fair Compensation and Transparcnc\ in Land Acquisition, Rehabilitation and Resettlement Act, 2013 including the issue of preliminary notification vide Rc No. 682/2015/K under Section II, the Declaration vide Re. No. 682/2015/K under Section 19 dated 05.09.2015 and the Notice vide Rc No. 682/2015/K dated 10.09.2015 under Section 21 as ultra vices and unconstitutional; ii. declaring G.O. Ms. No. 16 dated 29.01.2015 as ultra vire.s. 'The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Ordinance. 2015 (No.4 of 2015) dated 03.04.2015 and in any event as no longer applicable for maintaining acquisition proceedings against the petitioner's land admeasuring Ac. 1016-39 cents in Sy. Nos. 65/1, 67/1A, 73/213, 93/2, 94/1, 94/2, 97 and 99!2A in Gudipalli Village, Somandepalli Mandal, Ananthapur District; iii. to set aside all such proceedings including the issue of preliminary notification vide Re No. 682/2015/K under Section 11. the Declaration vide Re. No. 682/2015/K under Section 19 dated 05.09.2015 and the Notice vide Re No. 682/2015/K dated 10.09.2015 under Section 21; iv. and pass IA NO: 4 OF 2015(WPMP 47107 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased permit the petitioners/proposed respondents No.5-9 herein to implead as party respondents No.5 & 9, in the Writ Petition No. 34327,/2015 and in the Miscellaneous Petitions IA NO: 1 OF 2016(WPMP 5098 OF 2016 9 CMR,J W.P.Nos.34168, 34327 and 34330 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to receive and take on record the aforesaid facts and document and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to grant leave to the petitioner herein / Respondent No.3 in W.P.No.34327 of 2015 to file counter affidavit in the above Writ Petition and pass IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased May be pleased to permit the proposed Petitioners to be brought on record as Petitioner Nos. 3 and 4, being the legal representatives of the deceased Petitioner No.2 in W.P. No.34327 of 2015, and pass Counsel for the Petitioner(S): 1. D S SIVADARSHAN Counsel for the Respondent(S): 1. VALLURU CHETAN SUSHEEL 2. GP FOR LAND ACQUISITION (AP) 3. SUDARSHAN REDDY DUDDUGUNTA 4. RAMA CHANDRA RAO GURRAM 5. P ROY REDDY 6. . 7. THE ADVOCATE GENERAL (AP) W.P.No.34330 of 2015 Between: 1. BHANUSHALI SISAL FIBRE INDUSTRY AMP PLANTATION PETAKUNTA,AMP ANOT, PETAKUNTA, A PARTNERSHIP FIRM, 10 CMR,J W.P.Nos.34168, 34327 and 34330 OF 2015 HAVING ITS OFFICE AT UDAYABHANU APARTMENTS, 4TH FLOOR, M.G. ROAD, RAJAWADI, GHATKOPAR EAST, MUMBAI 400 077 REPRESENTED BY ITS MANAGING PARTNER, PRATAP CHHAGANLAL JOISHER, S/O. CHHAGANLAL VELJI 2. PRATAP CHHAGANLAL JOISHER,, S/O. CHHAGANLAL VELJI, AGED ABOUT 75 YEARS, OCC: BUSINESS, R/O. UDAYABHANU APARTMENTS, 4TH FLOOR M.G. ROAD, RAJAWADI, GHATKOPAR EAST, MUMBAI - 400 077. ...PETITIONER(S) AND 1. STATE OF AP PRL SCY REVENUE HYD 2, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (LAND ACQUISITION) DEPARTMENT, SECRETARIAT BUILDINGS, HYDERABAD. 2. DISTRICT COLLECTOR, ANANTHAPUR DISTRICT, FERRER NAGAR, ANANTHAPUR. 3. REVENUE DIVISIONAL OFFICER, PENUKONDA, ANANTHAPUR DISTRICT. 4. THE A P INDUSTRIAL INFRASTRUCTURE CORPORATION LTD REP BY, ITS GENERAL MANAGER (LAW), PARISRAMA BHAVAN, 6TH FLOOR, FATEH MAIDAN ROAD, BASHEERBAGH, HYDERABAD R4 IS IMPLEADED AS PER C.O. DT. 2-11-15 IN WPMP 45786 OF 15 5. VIKRM JETHALAL JOISHER S/O LATE JETHALAL HARIDAS JOISHER, R/O. PETAKUNTA, SOMANDEPALLI MANDAL, ANANTHAPUR DISTRICT 6. JYOTHI JETHALAL JOISHER D/O LATE JETHALAL HARIDAS JOISHER, R/O. PETAKUNTA, SOMANDEPALLI MANDAL, ANANTHAPUR DISTRICT 7. DEVAYANI PRAKASH JOISHER S/O LATE PRAKASH JETHALAL JOISHER, R/O. PETAKUNTA, SOMANDEPALLI MANDAL, ANANTHAPUR DISTRICT 8. RIDDHI PRAKASH JOISHER D/O LATE PRAKASH JETHALAL JOISHER, R/O. PETAKUNTA, SOMANDEPALLI MANDAL, 11 CMR,J W.P.Nos.34168, 34327 and 34330 OF 2015 ANANTHAPUR DISTRICT 9. RIDDHI PRAKASH JOISHER D/O LATE PRAKASH JETHALAL JOISHER, R/O. PETAKUNTA, SOMANDEPALLI MANDAL, ANANTHAPUR DISTRICT RR 5TO9 ARE IMPLEADED AS PER C.O. DT. 9-11-15 IN WPMP 47106 OF 15 ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue a Writ. Older or Direction more particularly, one in the nature of Writ of "Mandamus" declaring the action of the Respondents in initiating land acquisition proceedings pursuant to the preliminary notification vide Rc No. 686/2015/K published in the newspapers on 02.09.2015, without following the procedure stipulated under Chapter 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as being illegal, arbitrary, contrary to 2013 Act as being arbitrary, illegal and in violation of the provisions of the Act of 2013 and Articles 14 19 (1) (g), 21 and 300A of the Constitution of India and consequently set aside all the proceedings pursuant to the preliminary notification vide Rc No. 686/2015/K published in the newspapers on 02.09.2015 in respect of the Petitioners' land admeasuring Ac. 528.98 cents in Sy. Nos. 80/1A, 81/B1, 83/1A and 83/1C in Gudipalli Village, Somandepalli Mandal, Ananthapur District and land admeasuring Ac. 207.97 cents in Sy. Nos. 733/2A and 733/2C in Somandepalli Village and Mandal, Ananthapur District totally admeasuring Ac. 736.95 cents IA NO: 1 OF 2015(WPMP 44146 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings pursuant to the preliminary notification vide Rc No. 686/2015/K published in the newspapers on 0109.2015 in respect of the Petitionen land admeasuring Ac. 528.98 cents in Sy. Nos. 80/1A. 81/B1, 83/1A and 83/1C in Gudipalli Village, Somandepalli Mandal, Ananthapur District and land admeasuring Ac. 207.97 cents in Sy. Nos. 733/2A and 733/2C in Somandepalli Village and Modal, Ananthapur District totally admeasuring Ac. 736.95 cents IA NO: 2 OF 2015(WPMP 45786 OF 2015 12 CMR,J W.P.Nos.34168, 34327 and 34330 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the APIIC Limited, Rep. by its General Manager (Law), to come on record as Respondent No.4 in W.P.No.34330 of 2015 IA NO: 3 OF 2015(WPMP 46017 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to allow the Petitioners to amend the main prayer sought for in the writ petition by replacing the earlier prayer which reads as: It is therefore prayed that this llon'ble Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in initiating land acquisition proceedings pursuant to the preliminary notification vide Re No. 686/2015/K published in the newspapers on 02.09.2015, without following the procedure stipulated under Chapter II of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as being illegal. arbitrary, contrary to 2013 Act as being arbitrary, illegal and in violation of the provisions of the Act of 2013 and Articles 14, 19 (1) (g), 21 and 300A of the Constitution of India and consequently set aside all the proceedings pursuant to the preliminary notification vide Re No. 686/2015/K published in the newspapers on 02.09.2015 in respect of the Petitioners' land admeasuring Ac. 528.98 cents in Sy.Nos. 80/IA, 80/B1, 83/1A and 83/1C in Gudipalli Village, Somandepalli Mandal, Ananthapur District and land admeasuring Ac. 207.97 cents in Sy. Nos. 733/2A and 733/2C in Somandepalli Village and Mandal. Ananthapur District totally admeasuring Ac. 736.95 cents and pass any other order or orders as this Court may deem fit and proper in the circumstances of the ease." with the following prayer: It is therefore prayed that this lIon'ble Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of "Writ of Mandamus i. declaring the initiation and further conduct of proceedings for acquisition of petitioner's land admeasuring Ac. 528.98 cents in Sy. Nos. 80/1A, 80/131, 83/1 A and 83/1C in Gudipalli Village, Somandepalli Mandal, Ananthapur District and land admeasuring Ac. 207.97 cents in Sy. Nos. 733/2A and 733/2C in Somandepalli Village and Mandal, Ananthapur District totally admeasuring Ac. 736.95 cents under Chapter 111A of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act. 2013 including the issuance of preliminary notification under Section 11 vide Rc No. 686/2015/K published in the newspapers on 02.09.2015 as ultra vires and 13 CMR,J W.P.Nos.34168, 34327 and 34330 OF 2015 unconstitutional: ii.declaring G.O. Ms. No. 16 dated 29.01.2015 as ultra vires The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Ordinance, 2015 (No.4 of 2015) dated 03.04.2015 and in any event as no longer applicable for maintaining acquisition proceedings against the petitioner's land admeasuring Ac. 528.98 cents in Sy. Nos. 80/1A, 80/B1, 83/1A and 83/1C in Gudipalli Village, Somandepalli Mandal, Ananthapur District and land admeasuring. Ac. 207.97 cents in Sy. Nos. 733/2A and 733/2C in Somandepalli Village and Mandal, Ananthapur District totally admeasuring Ac. 736.95 cents: iii.to set aside all such proceedings including the issuance of preliminary notification under Section 11 vide Re No. 686/2015/K published in the newspapers on 02.09.2015; iv. and pass IA NO: 4 OF 2015(WPMP 47106 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioners/proposed respondents No.5-9 herein to implead as party respondents No.5 & 9, in the Writ Petition No. 34330/2015 and in the Miscellaneous Petitions IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to grant leave to the petitioner herein / Respondent No.3 in W.P.No.34330 of 2015 to file counter affidavit in the above Writ Petition and pass IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased May be pleased to permit the proposed Petitioners to be brought on record as Petitioner Nos. 3 and 4, being the legal representatives of the deceased Petitioner No.2 in W.P. No. 34330 of 2015, and pass Counsel for the Petitioner(S): 1. D S SIVADARSHAN Counsel for the Respondent(S): 14 CMR,J W.P.Nos.34168, 34327 and 34330 OF 2015 1. VALLURU CHETAN SUSHEEL 2. GP FOR LAND ACQUISITION (AP) 3. SUDARSHAN REDDY DUDDUGUNTA 4. RAMA CHANDRA RAO GURRAM 5. P ROY REDDY 6. . 7. THE ADVOCATE GENERAL (AP) 15 CMR,J W.P.Nos.34168, 34327 and 34330 OF 2015 The Court made the following: COMMON ORDER: In these old matters of the 2015, there is no representation on behalf of the petitioners when the matters are called out. 2. Therefore, it is evident that the petitioners are not evincing interest to purse these writ petitions. 3. Accordingly, these Writ Petitions are dismissed for default. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date: 06.05.2026 JLV