% ' ¥ f APHC010149032014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) -V-v THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION NO: 5870 OF 2014 Between: Dhulupudi Venkateswara Rao, S/o. late Satyanarayana Murthy, Aged about 60 years, R/o. 1-3-95/2, Aravinda Sai Apartments, Nandanavatiapu Colony, Habsiguda, Hyderabad. ...Petitioner AND 1. The Govt, of Andhra Pradesh Rep by its Principal Secretary, Revenue, Secretariat, Hyderabad 2. The District Collector East Godavari District Kakinada. 3. Revenue Divisional Officer Kakinada. 4. Tahsildar Tallarevu 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 declare the inaction of the respondents herein in not to completing land acquisition proceedings in respect of extent of Ac 10 - 35 cents of land situated in Sy. No.355/2A, Polekurru village, Tallarevu Mandal, East Godavari District herein in pursuance of R.C. No. G2/4113/2011 dt. 31.08.2012 issued by the 2'"'^ respondent herein and the subsequent proceedings issued by respondents 3 and 4 herein as illegal, arbitrary, unjust and in violation of the principles of natural justice by issuing appropriate writ or direction more particularly one in the nature of writ of mandamus. lA NO: 1 OF 2014(WPMP 7296 OF 2014 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased direct the respondents herein to complete the land acquisition proceedings initiated vide proceedings R.C. No. G2/4113 dt. 31.08.2012 issued by the 2""' respondent herein in respect of Ac 10 - 35 cents of land situated in Sy.No. 355/2A of Polekorru village, Tallaevu Mandal, East Godavari District forthwith pending disposal of the above writ petition. Counsel for the Petitioner: SRI M. R. S. SRINIVAS Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following order: APHC010149032014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3206] THURSDAY,THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 5870/2014 Between: Dhulupudi Venkateswara Rao ...PETITIONER AND The Govt Of Andhra Pradesh Rep By Its Principal Secretary and Others Counsel for the Petitioner: 1.M R S SRINIVAS Counsel for the Respondent(S): 1. GP FOR LAND ACQUISITION The Court made the following order: (per Hon’ble Sri Justice R. Raghunandan Rao) ...RESPONDENT(S) Heard Sri M.R.S. Srinivas, learned counsel for the petitioner and the learned Government Pleader. The father of the petitioner is said to have purchased an extent of Ac.16.00 cents in Sy.No.355/2A of Polekurru Village, Tallarevu Mandal, East Godavari District, by way of a deed of sale, dated 16.06.1954, and registered as document No.2504. This property is said to have devolved the petitioner after the death of his father on 05.02.1985. 1. on 2 RRRJ W.P.No.5870 of 20)4 2. The petitioner is said to have moved to Hyderabad where he was residing. The petitioner contends that some villagers, taking advantage of his absence, had encroached on an extent of Ac.2.00 cents, out of Ac. 11.35 cents which remained with his family, by the time of the demise of his father. The petitioner also contends that he had came to know later that the 1®* respondent had issued house site pattas in favour of these encroachers under the provisions of the A.P Occupants of Homestead (Conferment of Ownership) Act, 1975 without any notice being issued to him. 3. The petitioner complained against the grant of homestead pattas to the encroachers and also sought compensation to be paid for such extent of land apart from acquisition of the entire land. The petitioner states that he made such a request as various other people being encouraged by the fact that the State had itself regularized the land in the occupation of the encroachers and on the ground that there proposal to acquire the land, had occupied various other extents of lands due to which the petitioner had lost enjoyment of the land. was a 4. After various representations had been made, the District Collector is said to have acted on a representation of the petitioner, dated 27.08.2011. The District Collector addressed a letter, dated 31.08.2012, to the Revenue Divisional Officer for information as to the status of the RRR.J W.P.No.5870 of 2014 acquisition of the land and the steps being taken there under. Thereupon, the Revenue Divisional Officer directed the Tahsildar, by a letter dated 09.06.2011, for further information. 5. The petitioner refers to various interactions and correspondence under which he claims that the Tahsildar and the Revenue Divisional Officer had essentially recommended acquisition of the land inasmuch as the said land was already under occupation of various persons without title and it would be appropriate that proper title is given to these encroachers, by the State, after the land was acquired from the petitioner. 6. As no further action was being taken after 2012, the petitioner approached this Court, by way of the present Writ petition, in the year 2014. This Writ Petition has been pending since then. The State filed a counter affidavit, through the Revenue Divisional Officer, on 19.11.2024. In the counter affidavit, the Revenue Divisional Officer took the stand that the proposal to acquire the land of the petitioner was not on account of any requirement to compensate the petitioner. The Revenue Divisional Officer contends that the Revenue Authorities thought it fit to regularize the possession of the encroachers over the said land and sought to acquire the land for such purpose. 4 RRR,J W.P.No.5870 of2014 7. The Revenue Divisional Officer set out the correspondence between the Revenue Authorities and also the broad breakup of the extent of land said to be owned by the petitioner. It is stated that homestead pattas have been granted to encroachers to an extent of Ac.2.242 cents, another extent of Ac.6.25 cents is under the encroachment of various persons who have constructed about 255 houses in this land and that only an extent of Ac. 1.69 cents is vacant. This vacant land is said to be very uneven and cannot be used for any purpose. 8. The Revenue Divisional Officer in paragraph No. 18 states that the extent of Ac.6.25 cents would have to be dealt with only by way of land acquisition. 9. The Revenue Divisional Officer, further goes to paragraph No.14(v) and paragraph No. 17 of the counter affidavit that aver in steps are still being taken for the purposes of acquiring the land in pursuance of the letter of the Collector, dated 31.08.2011 in G2/4113/2011. In the light of this specific averment, it would only be appropriate to dispose of this Writ Petition with a direction to the 2"^^ respondent to take a decision regarding the acquisition of this land and the extent of land that may be acquired from the petitioner and to initiate 10. 5 RRR,J W.P.No.5870 of 2014 and complete the process of acquisition of such land, if any, within a ► period of six months from the date of receipt of this order. 11. This Court is not going in to the question of the illegality or irregularity of the conferment of homestead pattas and the question of whether such land could be acquired or not is left open. 12. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- K TATA RAO ^UT^EGiSTRAR SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary, Revenue, Govt, of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector East Godavari District Kakinada. 3. Revenue Divisional Officer Kakinada. 4. Tahsildar Tallarevu East Godavari District. 5. One CC to SRI M. R. S. Srinivas, Advocate [OPUO 6. Two CCs to GP for Land Acquisition, High Court of Andhra Pradesh [OUT] 7. Two CD Copies Cnr HIGH COURT DATED: 14/08/2025 ORDER WP NO. 5870 OF 2014 ^ 1 i SEP 2025 rrentSectioji^' o DISPOSING OF THE W.P. WITHOUT COSTS