APHC010354322018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 16421/2018 Between: 1. J. VENKATESWARA RAO, S/O. VENKANNA, HINDU, MALE, AGED 60 YEARS, R/O. D.NO.4-90A, THOKKIREDDIGUDEM, MAIN ROAD, GOPALAPURAM MANDAL, WEST GODAVARI DISTRICT. 2. JAKKULA VENKATESWARA RAO, S/O. VEERA SWAMY, HINDU, MALE, AGED 40 YEARS, R/O. 4-5/3, THOKKIREDDIGUDEM, MAIN ROAD, GOPALAPURAM MANDAL, WEST GODAVARI DISTRICT. 3. MANTHENA ANJANEYA RAJU,, S/O. SITARAMARAJU, HINDU, MALE, AGED 62 YEARS, R/O. GUDDIGUDEM, MAIN ROAD, GOPALAPURAM MANDAL, WEST GODAVARI DISTRICT. 4. ANGELA SAROJINI,, D/O. LAKSHMAYYA, HINDU, FEMALE, AGED 33 YEARS, R/O. D.NO.1-93/A, PALLAPUDI VEEDHI, GUDDIGUDEM VILLAGE, GOPALAPURAM MANDAL, WEST GODAVARI DISTRICT. 5. MANTHENA LAKSHMI,, W/O. CHITTI RAJU, HINDU, FEMALE, AGED 44 YEARS, R/O. D.NO.2-58A, MERAKA VEEDHI, GUDDIGUDEM, GOPALAPURAM MANDAL, WEST GODAVARI DISTRICT, 6. JAKKULA SURYACHANDRAM, S/O. LAKSHMIPATHI, HINDU, MALE, AGED 43 YEARS, R/O. D.NO.4-5/5, MAIN ROAD, THOKKIREDDIGUDEM VILLAGE, GOPALAPURAM MANDAL, WEST GODAVARI DISTRICT. 7. VASUBOYINA SATYANARAYANA,, S/O. VENKATA SWAMY, HINDU, MALE, AGED 61 YEARS, R/O. D.NO.4-47, BUCHHIYYAPALEM, 2 VS,J W.P.No.16421 of 2018 KARAGAPADU POST, POLAVARAM MANDAL, WEST GODAVARI DISTRICT. 8. MANTHENA PRAKASAM RAJU,, S/O. SEETHAM RAMA RAJU, HINDU, MALE, AGED 64 YEARS, R/O. MAIN ROAD, GUDDIGUDEM VILLAGE, GOPALAPURAM MANDAL, WEST GODAVARI DISTRICT. 9. MANTHENA VENKATA RAMA RAJU, S/O. SUBBARAJU, HINDU, MALE, AGED 68 YEARS, R/O. D.NO.2-58A, MERAKA VEEDHI, GUDDIGUDEM VILLAGE, GOPALAPURAM MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER(S) AND 1. STATE OF A P, REPRESENTED BY ITS PRINCIPLE SECRETARY (LAND ACQUISITION), A.P.SECRETARIAT, VELAGAPUDI, VIJAYAWADA, KRISHNA DISTRICT. 2. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT. 3. THE SPECIAL COLLECTOR LAND ACQUISITION, POLAVARAM IRRIGATION PROJECT, RAJAMAHENDRAVARAM. 4. THE THAHSILDAR, GOPALAPURAM MANDAL, WEST GODAVARI DISTRICT 5. THE STATION HOUSE OFFICER, GOPALAPURAM P.S., GOPALPURAM MANDAL WEST GODAVARI DISTRICT 6. THE DISTRICT REGISTRAR, STAMPS AND REGISTRATION DEPARTMENT WEST GODAVARI DISTRICT ...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 to to issue Writ, order or directors, more particularly, Writ of Mandamus to declare the Notifications in i) Ref No. C1/639/17 dated 21-12- 2017 ii) Ref No. C1/639/17 dated 15-03-2018 issued by the respondents under sections 11 and 19 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 with regard to 3 VS,J W.P.No.16421 of 2018 petitioners land in an extent of Ac.2.31 cents in Sy.No.37/1 of an extent of Ac.0.82 cents in Sy.No37/2A, an extent of Ac.3.73 cents in R.S.No.33/13, an extent of Ac.0.64 cents in R.S.No.33/1(0), an extent of Ac.0.08 cents in R.S.No.33/1P, in an extent of Ac.0.73 cents in R.S.No.33/1Q, an extent of Ac.0.25 cents in R.S.No.33/1K in total an extent of Ac.5.43 cents, an extent of Ac.1.53 cents in R.S.No.33/1M2, an extent of Ac.0.55 cents in R.S.No.33/1N, an extent of Ac.0.11 cents in R.S.No.33/1K in total Ac.0.66 cents, an extent of Ac.0.78 cents and Ac.0,15 cents in R.S.No.37/2A in total an extent of Ac.0.93 cents, the an extent of Ac.1.00 cents in R.S.No.38/1, an extent of Ac.3.81 cents in R.S.No.33/13, in extent of Ac.0.42 cents in R.S.No.33/1L, an extent of Ac.0.26 cents in R.S.No.33/1K in total Ac.4.49 cents, an extent of Ac.0.40 cents in R.S.No.36/1, an extent of Ac.0.10 cents in R.S.No.33/1K, in total Ac.0.50 cents of Bhimolu Village, Gopalapuram Mandal, West Godavari District are illegal, arbitrary, unconstitutional and contrary to the mandatory provisions of the said Act apart from violative principles of natural justice as also articles 14, 19, 21 and 300 A of Constituion of India, and cosequently direct the respondents not to interfere with petitioners possession and enjoyment of their lands in any manner and pass IA NO: 1 OF 2018 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 grant stay of all further proceedings, pursuant to the Notifications in i) Ref. No. C1/639/17, dt. 21.12.2017 ii) Ref. No. C1/639/17 dt. 15.03.2018 including dispossession of petitioners from their lands admeasuring an extent of Ac.2.31 cents in Sy.No.37/1 of an extent of Ac.0.82 cents in Sy.No.37/2A, an extent of Ac.3.73 cents in R.S.No.33/1J, an extent of Ac.0.64 cents in R.S,No.33/1(0), an extent of Ac.0.08 cents in R.S.No.33/1P, in an extent of Ac.0.73 cents in R.S.No.33/1Q, an extent of Ac.0.25 cents in R.S.No.33/1K in total an extent of Ac.5.43 cents, an extent of Ac.1.53 cents in R.S.No.33/1M2, an extent of Ac.0.55 cents in R.S.No.33/1N, an extent of Ac.0.11 cents in R.S.No.33/1K in total Ac.0.66 cents, an extent of Ac.0.78 cents and Ac.0.15 cents in R.S.No.37/2A in total an extent of Ac.0.93 cents, the an extent of Ac.1.00 cents in R.S.No.38/1, an extent of Ac.3.81 cents in R.S.No.33/13, in extent of Ac.0.42 cents in R.S.No.33/1L, an extent of Ac.0.26 cents in R.S.No.33/1K in total Ac.4.49 cents, an extent of Ac.0.40 cents in R.S.No.36/1, an extent of Ac.0,10 cents in R.S.No.33/1K, in total Ac.0.50 cents of Bhimolu Village, 4 VS,J W.P.No.16421 of 2018 Gopalapuram Mandal, West Godavari District in any manner pending disposal of the above writ petition and pass IA NO: 1 OF 2020 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 pleased to vacate the interim orders dated 02-03-2018 in I.A.No.1 of 2018 in WP.No.16421 of 2018 and pass Counsel for the Petitioner(S): 1. MANGENA SREE RAMA RAO Counsel for the Respondent(S): 1. GP FOR HOME (AP) 2. GP FOR REVENUE (AP) 3. GP FOR LAND ACQUISITION (AP) The Court made the following: 5 VS,J W.P.No.16421 of 2018 ORDER: This Writ Petition came to be filed under Article 226 of the Constitution of India, seeking the following prayer: “to issue Writ, order or directors, more particularly, Writ of Mandamus to declare the Notifications in i) Ref No. C1/639/17 dated 21-12-2017 ii) Ref No. C1/639/17 dated 15-03-2018 issued by the respondents under sections 11 and 19 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 with regard to petitioners land in an extent of Ac.2.31 cents in Sy.No.37/1 of an extent of Ac.0.82 cents in Sy.No37/2A, an extent of Ac.3.73 cents in R.S.No.33/13, an extent of Ac.0.64 cents in R.S.No.33/1(0), an extent of Ac.0.08 cents in R.S.No.33/1P, in an extent of Ac.0.73 cents in R.S.No.33/1Q, an extent of Ac.0.25 cents in R.S.No.33/1K in total an extent of Ac.5.43 cents, an extent of Ac.1.53 cents in R.S.No.33/1M2, an extent of Ac.0.55 cents in R.S.No.33/1N, an extent of Ac.0.11 cents in R.S.No.33/1K in total Ac.0.66 cents, an extent of Ac.0.78 cents and Ac.0,15 cents in R.S.No.37/2A in total an extent of Ac.0.93 cents, the an extent of Ac.1.00 cents in R.S.No.38/1, an extent of Ac.3.81 cents in R.S.No.33/13, in extent of Ac.0.42 cents in R.S.No.33/1L, an extent of Ac.0.26 cents in R.S.No.33/1K in total Ac.4.49 cents, an extent of Ac.0.40 cents in R.S.No.36/1, an extent of Ac.0.10 cents in R.S.No.33/1K, in total Ac.0.50 cents of Bhimolu Village, Gopalapuram Mandal, West Godavari District are illegal, arbitrary, unconstitutional and contrary to the mandatory provisions of the said Act apart from violative principles of natural justice as also articles 14, 19, 21 and 300 A of Constitution of India, and consequently direct the respondents not to interfere with 6 VS,J W.P.No.16421 of 2018 petitioners possession and enjoyment of their lands in any manner and pass” 2. The petitioners herein claim to be the owners and possessors of various agricultural lands situated in Sy.Nos.37/1, 37/2A, 33/1J, 33/1(O), 33/1P, 33/1Q, 33/1M2, 33/1N, 33/1K, 38/1, 33/1L, 33/1K of Bhimolu village, Gopalapuram mandal, West Godavari district. Recognizing the title, possession and enjoyment of the petitioners over the said lands, the revenue authorities issued pattadar passbooks and title deeds to the petitioners and mutated their names in the revenue records. 3. While the matter stood thus, vide notification in Ref.No.C1/640/17, dated 21.12.2017, the Government of Andhra Pradesh proposed to acquire certain lands including the petitioners‟ lands under Section 11 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short „the Act, 2013). Subsequently, the petitioners received notices issued by the 2nd respondent under Section 15(2) of the Act, 2013, for which the petitioners raised their objections within the stipulated time. Thereafter, vide notification in Ref.No.C1/640/17, dated 15.03.2018, the respondents intended to acquire the lands in dispute under Section 19 of the Act, 2013 without there being any mention about Rehabilitation and Resettlement scheme and without adhering to the procedure under the mandatory provisions of the Act, 2013. Aggrieved by the same, the present writ petition is filed. 7 VS,J W.P.No.16421 of 2018 4. When the writ petition came up for admission on 02.05.2018, this Court has passed the following interim order: “There shall be direction to the respondents not to insist upon the petitioners to express consent for a particular sum of money. However, it is open to the respondents to proceed with the land acquisition proceedings, in accordance with law, by taking into consideration the objections of petitioners, if any. Till the award is passed, status-quo with regard to possession of the subject land shall be maintained.” 5. The 3rd respondent filed a detailed counter affidavit along with a vacate stay petition wherein it is stated that a preliminary notification for acquisition of land was approved by the special Collector (LA), PIP, Rajamahendravaram vide Ref.No.C1.639/2017, dated 21.12.2017 and the same was published in Andhra Jyothi and Prajasakthi daily newspapers on 30.12.2017. Subsequently, Form-6B notices under Section 15(2), Rule 21 of the Act, 2013 were issued to the land owners vide Roc.No.178/2017, dated 02.01.2018 calling for objections. Upon receiving objections from the concerned, a report was submitted to the Special Collector after due enquiry. Accordingly, 6B orders were approved vide Ref.No.C1/639/2017, dated 12.03.2018. The declaration was also approved after duly considering the objections, by the Special Collector (LA), PIP, Rajamahendravaram vide Ref.No.C1/639/2017, dated 15.03.2018; the same was published in two daily newspapers namely Eenadu and Andhra Prabha on 16.03.2018. Subsequently, notices under 8 VS,J W.P.No.16421 of 2018 Section 8 of the Act, 2013 were issued on 24.03.2018 scheduling enquiry on 18.04.2018, which was attended by the land owners, but, they failed to submit any proofs specifying their title over the land under acquisition. 6. It is further stated in the counter affidavit that the Special Collector (L.A.) ISP, Rajahmundry vide Ref.no.C1/639/2017, dated 22.06.2018 approved the award and notices under Section 37(2) were served vide Roc.178/2017, dated 23.06.2018, however, the land owners did not come forward either to establish their title over the land under acquisition or to receive compensation. Compensation will be paid to those who prove their title over the land under acquisition. The possession of the land thus acquired was given to the requisition department on 07.07.2018. Thereafter, the petitioners and other land owners established their title over their properties and accordingly, a bill was raised vide token No.2018-565701 dated 23.07.2018 and compensation was adjusted to the bank accounts of the concerned land owners. It is further stated that the rules framed under the Act, 2013 were strictly been followed without any deviation and hence, requested to dismiss the writ petition. 7. Heard Sri. Mangena Sree Rama Rao, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue. 8. Perused the entire material available on record. The facts of the writ petition are not in dispute. It is evident from the counter affidavit filed by the 3rd respondent that though the petitioners initially failed to 9 VS,J W.P.No.16421 of 2018 establish their title over the lands under acquisition, later on after proving their title over the subject land, they accepted the compensation awarded to them for the land acquired for which a bill was also raised vide token No.2018-565701, dated 23.07.2018. The compensation amount was also adjusted to the bank accounts of the petitioners as per their entitlement. Learned counsel for the petitioners has also admitted that compensation as paid to the petitioners. In view of the same, this Court is of the opinion that no further adjudication is necessary in the present writ petition. 9. Accordingly, this writ petition is closed. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Petition shall stand closed. ____________________ JUSTICE V.SUJATHA 16.06.2026 Gss