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2025 DAILYLAW 11738 (AP)

VANA RAMANAMMA v. THE STATE OF ANDHRA PRADESH

WP/7852/2025 · 2025-04-02

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010136112025 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY ,THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 7852 Between: Vana Ramanamma and Others The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1. SRINIVAS AMBATI Counsel for the Respondent(S): 1. GP FOR LAND ACQUISITION 2. GP FOR REVENUE The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 7852 OF 2025 Vana Ramanamma and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): Counsel for the Respondent(S): GP FOR LAND ACQUISITION GP FOR REVENUE made the following: IN THE HIGH COURT OF ANDHRA PRADESH [3460] WEDNESDAY ,THE SECOND DAY OF APRIL THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY ...PETITIONER(S) ...RESPONDENT(S) THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 7852 OF 2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: “…..to issue a Writ, Order or direction more particularly one in the nature of Writ of mandamus declaring the action of respondents 2 to 5 in interfering with petitioners land admeasuring Ac.0.15 cents in Survey No.53/1 situated in Balaga Rural, Chapuram Gram Panchayat (presently in Srikakulam Municipal Corporation Limits), Srikakulam District for the purpose of road widening and without following due process of law as illegal, irregular, irrational, violative of provisions The Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013, and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents 2 to 5 not to interfere with petitioners land admeasuring Ac.0.15 cents in Survey No.53/1 situated in Balaga Rural Chapuram Gram Panchayat (presently in Srikakulam Municipal Corporation Limits), Srikakulam District for the purpose of road widening without following due process of law and pass such other orders....” 2. The schedule property referred to above is originally belongs to grandmother of the petitioners by name Smt. Vana Suramma and she was executed a Registered Will dated 30.01.2010, vide document No.3/2010 in favour of the father of the petitioners by name Sri Vana Raja Rao. After demise of Smt. Vana Suramma, the father of the Petitioners have succeeded the above said property by virtue of said Registered Will dated 30.01.2010. After demise of father of the Petitioners, the Petitioners have succeeded the said property. During life time of father of the Petitioners, the Tahsildar has granted Pattadar Pass Book and Title Deed vide Patta No. 426 and his name is duly mutated in online web land revenue records. While so, the office staff of Respondent No. 4 and 5 visited the property of the Petitioners on 15.03.2025 and orally informed that they are intending to widen the existing road, which is adjacent to the land of the Petitioners and sought for their consent and highhandedly taking steps to widen the said road without following any due process of law, the present Writ Petition is filed. 3. Learned Standing Counsel for the Respondent/ Corporation placed on record the Written Instructions dated 01.04.2025 duly signed by the Tahsildar, Srikakulam Mandal, wherein they have denied the involvement of any of the staff of Respondent No.5 and further stated that in the event of Corporation/ Respondent No.5 requires land for any public purpose, they will follow due process of law. 4. Learned Assistant Government Pleader for the Revenue/ Respondents 1 to 4 placed on record the Written Instruction signed by Tahsildar, Srikakulam Mandal, dated 28.03.2025, wherein it was stated at Para 7 that the petitioners are in possession of the land to an extent of Ac. 0.13 cents in Sy.No.53 of Balaga Village. As regard the allegation of the petitioners that a road was laid in 2016 without their consent, it was stated that the said road was formed by voluntary contributed portions of Zeroyathi lands of farmers of surrounding lands i.e Sy.No. 53 and 89. 5. In view of said instructions, no further orders are required to be passed in this Writ Petition, as the apprehension of the petitioners are redressed. 6. Keeping in view of the Written Instructions of the Commissioner, Srikakulam Municipal Corporation and Tahsildar, Srikakulam Mandal on record, this Writ Petition is closed. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 02.04.2025 KK