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2025 DAILYLAW 10287 (AP)

MOOTHA MANGARAJU v. THE STATE OF AP

WP/6089/2024 · 2025-06-16

Venkateswarlu Nimmagadda

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Judgment text

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W4 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6089 OF 2024 Between: 1. Mootha Mangaraju, W/o Late Venkateswara Rao, aged about 57 Years, Housewife, D. No. 14-7-2/1, Satyaprasanna Nagar, Kakinada. 2. Mootha Srilatha, D/o Late Venkateswara Rao, aged about 34 years. Housewife, D. No. 14-7-2/1, Satyaprasanna Nagar, Kakinada. 3. Mootha Midun, S/o Late Venkateswara Rao, aged about 26 Years, Business, D. No. 14-7-2/1, Satyaprasanna Nagar, Kakinada. 4. Alapati Deepthi, D/o Late Venkateswara Rao, aged about 32 Years, House Wife, D. No. 14-7-2/1, Satyaprasanna Nagar, Kakinada. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Forest, Rural Development Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Revenue Divisional Officer-cum-Land Acquisition Officer, Kakinada. 3. The District Collector, East Godavari, Kakinada. 4. The Andhra Pradesh Dairy Development Co-operative Federation Ltd., Rep. by its Managing Director, Lalapet, Hyderabad. 5. Godavari Co-Operative Milk Producers Union Ltd., Rep. by General Manager, Alcot Gardens, Rajahmundary, East Godavari District. ...Respondents 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 issue a Writ, order or direction, more preferably one in the nature of Writ of Mandamus declaring the Land Acquisition Proceedings initiated under the Land Acquisition Act, 1894, are null and void by invoking the deeming proviso under Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and consequently direct the respondents to return the land to the original owner/legal heirs under Section 101 of Act No.30/2013, by directing the respondents 1 to 3 to de-notify the subject land of about an extent of Acres 5.00 in Survey No.212/IB of Ramanayyapeta Village, Kakinada Municipality from the process of acquisition, or alternatively direct the respondents to pay compensation as per proviso to sub section (2) of Section 24 of Act No.30/2013 since the petitioners are entitled for compensation as per Act No.30/2013 for there is inaction on the part of the officials to deposit the entire compensation as per the Calculation Memo filed by the petitioners in I.A.No.430/2023 in O.P. No.53/1993 on the file of the Principal Senior Civil Judge, Kakinada. lA NO: 1 OF 2024 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 order the Respondents to pay the compensation as per the Calculation Memo filed by us in I.A.No.430/2023 in O.P. No.53/1993 on the file of the Principal Senior Civil Judge, Kakinada forthwith pending finalization of the above Writ Petition in the interest of justice. Counsel for the Petitioner: SRI. K A NARASIMHAM Counsel for the Respondent Nos. 1 to 4: THE ADVOCATE GENERAL The Court made the following order: APHC010115632024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6089/2024 Between; Mootha Mangaraju and Others ...PETITIONER(S) AND The State Of Ap and Others Counsel for the Petitioner(S): 1.KANARASIMHAM ...RESPONDENT(S) Counsel for the Respondent(S): 1.THE ADVOCATE GENERAL The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6089/2024 Learned counsel for the petitioner(s) seeks permission of this 1. Court to withdraw the present writ petition. To that effect, he has also filed a letter dated 16.06.2025 before the Registry. 2. Permission as sought for is accorded. 3. Accordingly, the Writ Petition is dismissed as withdrawn. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. Sd/- A. VENU GOPAL RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri. K A Narasimham Advocate [OPUC] 2. Two CCs to The Advocate General, High Court of Andhra Pradesh [OUT] 3. Three CD Copies GSC HIGH COURT DATED:17/06/2025 ORDER WP.No.6089 of 2024 x" n JtiL 2025 ^ Curreni seciion -r.om ^JJ DISMISSING THE WP AS WITHDRAWN WITHOUT COSTS