IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY. THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 4982 OF 2009 Between: 1. Dudekula Dowlamma, W/o. D. Bababiah, (DIED), (As per LR No.2) Aged about 69 years, Occ: Housewife, R/o.D.No.3-65, Peapally Village and Mandal, Kurnool District. 2. Chilamakuri Baba Saheb, S/o. Late Doodekula Babayya, Aged about 69 years, R/o. D No. 3-65, Peapally Village, Kurnool District. (Petitioner No.2 is brought on record as L.R of the deceased sole Writ Petitioner as per the Court’s Order dt. 13.02.2025 in lA No. 03/2024 in Writ Petition and Affidavit) ...PETITIONER AND 1. The Government of Andhra Pradesh, rep. by its Principal Secretary^ Social Welfare Department, Secretariat. Hyderabad. The District Collector, Kurnool District, Kurnool. The Revenue Divisional Officer, Kurnool. The Tahsildar, Peapally Mandal, Kurnool District. 2. 3. 4. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that i.n the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly in the nature of Mandamus declaring the action of the 2nd respondent in issuing the Section 4(1) notification dated 24.09.2008 and I Section 6 declaration on 07.02.2009 in respect of the land in Survey No.927/2 extent Ac.5.16 cents of Peapally Village and Mandal, Kurnool District, for providing house sites to the weaker section under Indiramma Phas^lll Scheme as illegal, arbitrary, unconstitutional and violative of principles of natural justice and consequently direct the respondents not to dispossess the petitioner from the land in Survey No.927/2 extent Ac.5.16 cents of Peapally Village and Mandal, Kurnool District. I-A. NO: 1 OF 2009(WPMP. NO: 6530 OF 2009) Petition under Section 151 CPC is filed 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 dispossess the petitioner from the land in Survey No.927/2 extent Ac.5.16 cents of Peapally Village and Mandal, Kurnool District, pending disposal of the above writ petition. Counsel for the Petitioner: SRI SIDDARTH C B Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following: ORDER APHC010133232009 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] 5 THURSDAY .THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 4982 OF 2009 Between: Dudekula Dowlamma ...PETITIONER AND The Government of Andhra Pradesh rep by its ...RESPONDENT(S) Principal Secretary, Social Welfare Department, Hyderabad & 3 others. Counsel for the Petitioner: 1.SIDDARTH C B Counsel for the Respondent(S): 1.GP FOR LAND ACQUISITION The Court made the following: ORDER: The present writ petition is filed assailing the notification issued under Section 4(1) of the Land Acquisition Act, 1894 (for short, “the Act”), dated 24.09.2008 and consequential draft declaration under Section 6, dated 07.02.2009, proposing to acquire the petitioner’s lanchadmeasuring Ac.5.16 cents in Survey No.927/2 of Peapally 2 CGR, J. W.P. No.4982 of 2009 Village and Mandal, Kurnool District, for the public purpose of providing house sites to weaker sections under Indiramma Phase-Ill Scheme, as illegal, arbitrary and unconstitutional. This Court has passed interim order on 13.03.2008 directing the respondents not to dispossess the petitioner from the subject 2. property. Learned Assistant Government Pleader for Revenue appearing 3. for the respondents placed on record the written instructions, dated 28.11.2024. The said instructions state that original writ petitioner died on 4. 27.08.2010 and thereafter, part of the land which is notified under acquisition has been alienated by son of deceased writ petitioner to third party. In view of pendency of the writ petition, though draft notification and draft declaration were issued, no further proceedings were undertaken meaning thereby the proceedings lapsed due to advent of time. In this view of the matter, in as much as after issuance of 5. Section 4(1) draft notification and Section 6 declaration, no award 3 CGR, J. W.P. No.4982 of 2009 came to be passed in terms of the provisions of the Act, the proceedings would lapse. f In the result, the writ petition is disposed of recording the 6. aforesaid statement as the proceedings under challenge are lapsed. Needless to say that in case the respondents require these lands for any public purpose, they shall follow due process of law in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. No order as to costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. Sd/-N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// (^^Tofficer SE To, 1. The Principal, Secretary, Social Welfare Department, Secretariat Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Kurnool District, Kurnool. 3. The Revenue Divisional Officer, Kurnool. 4. The Tahsildar, Peapally Mandal, Kurnool District. 5. One CC to Sri Siddarth C B Advocate [OPUC] ^ [OUT]" Acquisition, High Court of Andhra Pradesh. 7. Three CD Copies TF HIGH COURT DATED:13/02/2025 ORDER WP.No.4982 of 2009 * 2 5 FEB 2025 ^ . Current becuon . o\ iTI «»/ DISPOSING OF THE W.P., WITHOUT COSTS