APHC010406332018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY,THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 18724/2018 Between: 1. SATTI SWARAJYA LAKSHMI, W/O.LATE AMMIREDDY, AGE 50 YEARS, OCCHOUSE WIFE, R/O.D.NO.20-14-29, RAMACHANDRA RAO PETA RAJ AMAHENDRAVARAM, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRL.SECRETARY , REVENUE (LAND ACQUISITION) DEPARTMENT, SECRETARIAT AT AMARAVATHI, GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT AT KAKINADA. 3. THE SIBCOLLECTOR AND LAND ACQUISITION OFFICER, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 4. THE TAHSILDAR, SEETHANAGARAM, EAST 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 appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring the endorsement of the 3'd respondent in L.Ref/A/SWLA/1450/2018, dt.07-5-2018 rejecting the claim of the petitioner for restoration of the land of an extent of Ac.1.50 cent in 2 VS,J W.P.No.18724 of 2018 Sy.No.256/4A situated in Munikudali Village, Seethanagaram Mandal, East Godavari District which is unutilised by the respondents which was acquired for the purpose of construction of houses as wholly illegal, arbitrary and unjust and consequently direct the respondents to restore the above said land to the petitioner since the land is not utilized so far in the interest of justice and to 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 direct the respondents not to distribute the land of an extent of Ac.1.50 cent in Sy.No.256/4A situated in Munikudali Village, Seethanagaram Mandal, East Godavari District to any third parties in the interest of justice and to pass Counsel for the Petitioner: 1. K VENKATESH Counsel for the Respondent(S): 1. K VENKATESH Counsel for the Respondent(S): 1. GP FOR LAND ACQUISITION (AP) The Court made the following: 3 VS,J W.P.No.18724 of 2018 ORDER: This Writ Petition came to be filed under Article 226 of the Constitution of India, seeking the following prayer: “to issue appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring the endorsement of the 3'd respondent in L.Ref/A/SWLA/1450/2018, dt.07-5-2018 rejecting the claim of the petitioner for restoration of the land of an extent of Ac.1.50 cent in Sy.No.256/4A situated in Munikudali Village, Seethanagaram Mandal, East Godavari District which is unutilised by the respondents which was acquired for the purpose of construction of houses as wholly illegal, arbitrary and unjust and consequently direct the respondents to restore the above said land to the petitioner since the land is not utilized so far in the interest of justice and to pass” 2. Heard Sri. K. Venkatesh, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue. 3. During the course of hearing, learned counsel for the petitioner would submit that the issue involved in this Writ Petition is squarely covered by the order dated 08.05.2023 passed by this Court in W.P.No.26571 of 2013 and requested to pass a similar order in this Writ Petition also. The same is not disputed by the learned Assistant Government Pleader. The operative portion of the said order, reads as under: 4 VS,J W.P.No.18724 of 2018 14. From the above, it appears that the land has been acquired by the Government of Andhra Pradesh vide the award passed by the land acquisition officer dated 18.02.2009. Thereafter, in the year 2013, the Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act came into existence i.e., the year in which the petitioner has filed the present writ petition. On a perusal of the affidavit, it appears that the land has been acquired in the year 2009 i.e., the year in which the Land Acquisition Act, 1894 is in existence but not the Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act, 2013. 15. In view of the facts and circumstances stated above, this Court feels it appropriate to dismiss the present writ petition as it would be contrary to the language of Section 16 of the Act, in terms of which the acquired land vests in the State Government free from all encumbrances and in view of the law” 4. In view of the same, for the reasons alike in the aforesaid order, this Writ Petition is also dismissed, in terms of the order, dated 08.05.2023 passed by this Court in W.P.No.26571 of 2013. There shall be no order as to costs. 5. Registry is directed to attach the copy of the order, dated 08.05.2023 passed by this Court in W.P.No.26571 of 2013 to this order. 5 VS,J W.P.No.18724 of 2018 Consequently, Miscellaneous Petitions, if any, pending in this Petition shall stand closed. _____________________ JUSTICE V.SUJATHA 18.06.2026 Gss