0APHC010689602022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY,THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 41423/2022 Between: 1. VARADA AMARAM, W/O. ANANDA RAO AGED ABOUT 60 YEARS, HOUSE HOLD, RESIDENT OF BASTHI RANGALA VEEDHI, VIZIANAGARAM, VIZIANAGARAM DISTRICT. 2. GADEPALLI VENKATA NARASAMMA,, W/O. LATE RAMALINGA SWAMY, AGED ABOUT 60 YEARS, RESIDENT OF KOTHAPETA, PULIBEDDA VEEDI, VIZIANAGARAM, VIZIANAGARAM DISTRICT. 3. DARBHAMULLA SURYA LAKSHMI, W/O. RAMA CHARI, AGED ABOUT 56 YEARS, RESIDENT OF BALAJI NAGAR, DOOR NO.8-16- 3/1 VIZIANAGARAM, VIZIANAGARAM DISTRICT. 4. PINNINTIKALAVATHI, ,W/O. SURYANARAYANA, AGED ABOUT 57 YEARS, VIZIANAGARAM. 5. JALASUTHRAPU RANGAVENI,, W/O. VENKATARAMANA , AGED ABOUT 40 YEARS, RESIDENT OF AYYANNAPETA VILLAGE R.T.C.COLONY,VIZIANAGARAM. 6. BATTARU SEETHA LAKSHMI,, W/O. RATNANJANEYULU, AGED ABOUT 74 YEARS, RESIDENT OF NGCS TEACHERS COLONY, ANAKAPALLI, VISAKHAPATNAM DISTRICT 7. BATTARU TIRUMALA GOPALAM, , W/O. P.ANANDA KUMAR, AGED ABOUT 66 YEARS, RESIDENT OF SAGAR NAGAR, M.I.G.D, VISAKHAPATNAM. 8. SASUBILLI BHAGYA LAKSHMI,, W/O.S.NAGABHUSHANAM NAIDU, AGED ABOUT 68 YEARS, REGIDI VILLAGE REGIDI 2 AMADALAVALASA MANDALAM, VIZIANAGAR DISTRICT 9. SASUBILLI BALA KUMARI,, W/O. SUGUNAKARA RAO, AGED ABOUT 40 YEARS, SAINAGAR RAJAM VIZIANAGAR DISTRICT. 10. SASUBILLI MOULI, , W/O.S.APPALA NAIDU, AGED ABOUT 53 YEARS, REGIDI VILLAGE REGIDI AMADALAVALASA MANDALAM, VIZIANAGAR DISTRICT 11. DUBA HIMA BINDU, , W/O. VIJAYA KUMAR AGED ABOUT 38 YEARS, RESIDENT OF NAVA SUBHASHAMRUDDI, APARTMENT, KUSTURI NAGAR, BANGALORE, PIN 560043 12. MAKKABHAGYA LAKSHMI, W/O. RAMA RAO, AGED ABOUT 52 YEARS, LI.G-II, 69- B.K.GUDA, S.R.NAGAR, HYDERABAD 13. VAKAMULLA HEMAVATHI,, W/O.KRISHNA RAO, AGED ABOUT 50 YEARS, BHARGHAVI HILLS, DILSUKHNAGAR, HYDERABAD 14. GORAJANA DHANA LAKSHMI, W/O. KRISHNA RAO, AGED ABOUT 56 YEARS, HYDERNAGAR, HYDERABAD. ...PETITIONER(S) AND 1. THE STATE OF AP, EPT. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR. 2. THE DISTRICT COLLECTOR, VIZIANAGARAM DISTRICT, VIZIANAGARAM. 3. THE SPECIAL DEPUTY COLLECTORCURNLAND ACQUISITION OFFICER, , A.P.I.I.C, VIZIANAGARAM. 4. THE TAHSILDAR, VIZIANAGARAM, VIZIANAGARAM 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 topleased to declare the action of the 1st respondent Government, in not taking action on the proposals sent by the Respondent Nos.2 to 5 herein, to de-notifying the lands of the petitioners under Section.48 of the of L.A. Act, 1894 and further directing the respondents to delete the lands of the 3 petitioners from the prohibited list under Section 22 (A) of the act as illegal, arbitrary, without Jurisdiction and contrary to provisions of Land Acquisition Act, and further direct the 1st respondent to pass orders on the pending proposals of withdrawing (de-notifying ) the lands of the petitioners from acquisition and consequently direct the respondents to delete the lands of the petitioners to an extent of Ac.9.50 cents of situated in Sy.No.38/7,39/1, 2,3,4 and 5 and also Sy.No.39/Part 3 of Chelluru village, Vizianagaram Mandal and District, pursuant to the Notification issued by the District Collector, Vizianagaram District, the 2rd respondent herein, vide No.139, dated 07.01.193, under Section 4 (1) of L.A. Act, 1894, as the same was published in G.O.Ms.235/Rev/(k) department dated 07.01.1993. from the prohibited list under Section 22 (A) and pass IA NO: 1 OF 2022 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 stay all further proceedings including dispossession of the petitioners from their plots out of an extent of Ac.9.50 cents of situated in Sy.No.38/7,39/1, 2,3,4 & 5 and also Sy.No.39/Part 3 of Chelluru village, Vizianagaram Mandal & District, pursuant to the Notification issued by the District Collector, Vizianagaram Mandal & District, the 2ndrespondent herein, vide Notification No.139, dated 07.01.1993, under Section 4 (1) of L.A. Act, 1894, as the same was published in G.O.Ms.235/Rev/(k) department dated 07.01.1993, pending disposal of the above Writ Petition 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 pleased to condone the delay of 212 days in filing the present I.A, in Writ Petition No. 41423 of 2022, dt:30-07-2024 and pass IA NO: 2 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 set-aside the order, passed by this Hon’ble Court dated 30.07.2024, in Writ Petition No. 41423 of 2022 and restore the same, and pass IA NO: 3 OF 2025 4 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 pleased to Dispense with the certified copy of the order in Writ Petition No. 41423 of 2022, dt:30-07-2024 and pass Counsel for the Petitioner(S): 1. GNANESWARA RAO MITTIREDDI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR LAND ACQUISITION The Court made the following: ORDER:- Heard Sri Gnaneswara Rao Mittireddi, learned counsel for the petitioners, learned Assistant Government Pleader for Revenue and learned Assistant Government Pleader for Land Acquisition. 2. The grievance of the petitioners in the instant writ petition is against the inaction of the respondents inissuing notification for de-notification of the subject lands of an extent of Ac.9.50 cents in Sy.Nos.38/7, 39/1, 2, 3, 4 &5 and also Sy.No.39/Part 3 of Chelluru Village, Vizianagaram Mandal & District, under Section 48 of the Land Acquisition Act, 1894 (for short “the Act, 1894). The petitioners have accordingly sought for a direction to the respondents to pass appropriate orders on the pending proposals of de- notifying the subject lands of the petitioners and sought for a direction to the respondents to delete the property from the prohibited list under Section 22 A of the Registration Act, 1908 (for short “the Act, 1908), which were placed under prohibited category pursuant to the Notification No.139, 5 dated 07.01.1993 issued by the District Collector, Vizianagaram District under Section 4 (1) of Act, 1894. 3. It is stated that after the issuance of the notification under Section 4 (1) of the Act, 1894, no award covering the petitioners’ lands was passed. It is contended that the said lands are Zeroithi lands acquired by the vendors of the petitioners by way of registered sale deeds. 4. Pursuant to the requisition made by the APIIC, for acquisition of the lands, the notification under Section 4 (1) of the Act, 1894 was issued covering the petitioners’ lands as well. Although the petitioners have purchased the subject property by the date of the acquisition proceedings, their names were not shown as owners of the lands. Thereafter, an award was passed for a total extent of Ac.57.86 cents on 30.10.1993. The petitioners contend that these petitioners were never shown as owners of the lands. 5. It is contended that the APIIC has addressed a letter dated 27.04.2002 to the District Collector, Vizianagaram stating that the proposed lands are no longer required for acquisition. Therefore, requested the District Collector to take appropriate proceedings for withdrawing the lands from the proposed acquisition. In pursuance thereof, the District Collector requested the Government to issue appropriate proceedings for withdrawal, however, no such proceedings have been issued and the lands are continued under the prohibited list in terms of Section 22 A of the Act, 1908. Being aggrieved by 6 the said inaction, the petitioners have filed the instant writ petition seeking deletion of the subject property from the prohibited list. 6. Learned Assistant Government Pleader for Revenue has placed before the Court a copy of the instructions dated 11.03.2026 received by him in the case. The same are taken on record. A perusal of the same would inter alia reflect that the Government accorded permission to the Vice Chairman & Managing Director, APIIC Ltd., to withdraw the land acquisition proposal and to return the acquired lands to an extent of Ac.57.68 cents in Sy.Nos.35/1 to 42/1 of Chelluru Village, Vizianagaram Mandal & District, to the land owners / legal heirs, under Section 101 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (RFCTLARR Act), 2013 with necessary re conveyance deed and requested to take necessary further action so as to avoid further legal complications in the matter. 7. In the said regard, the District Collector, Vizianagaram district vide his letter dated 13.05.2025 had requested the Government as well as theVice Chairman & Managing Director, APIIC Ltd., for passing appropriate orders so as to delete the subject property from the list of prohibited category under Section 22 A of the Act, 1908 as the land owners are constantly approaching them for deletion of the lands from prohibited category. 8. Considered the submissions. 7 9. The APIIC vide its proceedings dated 17.02.2000 has taken a decision to withdraw the land acquisition proceedings and sought refund of the amount deposited by it towards land acquisition compensation.The Government has accorded permission to the Vice Chairman & Managing Director, APIIC Ltd., to withdraw the land acquisition proposal, despite the same, keeping the subject property under the prohibited category being wholly unjustified and contrary to law, this Court deems it appropriate to dispose of the writ petition directing the respondents to delete the subject property from the list of prohibited category under Section 22 A of the Act,1908. 10. With the above direction, the writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Dated: 17.04.2026 ANI 8 199 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO:41423 of 2022 Dated: 17.04.2026 ANI