Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) C( TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE I X •5 PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7748 OF 2025 Between: P Nanji Reddy, S/o. P.Hanumantha Reddy, Aged 78 years, R/o. Papasanipalli Village, Melavoy -Post and Hamlet, Madakasira Mandal Satya Sal District. ...PETITIONER AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, A.P. Secretariat, Velagapudi, Guntur District. The District Collector, Satya Sai District, Puttaparthi. The Sub-Collector/Revenue Divisional Officer, Penukonda, Satya Sai District. The Tahsildar, Madakasira Mandal, Satya Sai District. M/s Megha Engineering and Infrastructure Limited, Rep. by its Managing Director, S-2, Techonocrats Industrial Estate, Balanagar, Hyderabad-500037. 2. 3. 4. 5. ...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 any writ or direction more particularly a writ in the nature of Writ of Mandamus declaring the action of the respondents in laying down pipeline through the petitioner s land admeasuring an extent of Ac. 2.01 out of Ac. 24.15 cents in Sy.No.413 of Papasanipalli Village, Madakasira Mandal,Satya Sai District, without following the due process of law and the
f procedure contemplated under Act 30 of 2013 as illegal, arbitrary and |iQfative of Articles 21 and 300-A of the Constitution of India and Consequently direct the respondents herein not to lay the pipeline through the petitioner’s land admeasuring an extent of Ac. 2.01 out of Ac. 24.15 cents in Sy.No.413 of Papasanipalli Village, Madakasira Mandal,Satya Sai District, without following the due process of law and the procedure contemplated under Right to Fair Compensation and Transparency under Land Acquisition (Rehabilitation and Resettlement) Act, 2013. lA NO: 1 OF 2025 'V- .: -V 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 direct the respondents not to lay pipe line over the petitioner’s land admeasuring an extent of Ac. 2.01 out of Ac.
24.15 cents in Sy.No.413 of Papasanipalli Village, Madakasira Mandal.Satya Sai District, without following the due process of law and the procedure contemplated under Right to Fair Compensation and Transparency under Land Acquisition (Rehabilitation and Resettlement) Act, 2013, pending disposal of the above writ petition. Counsel for the Petitioner: SRI MD SALEEM Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: — The Court made the following: ORDER
APHC010151672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7748/2025 Between: P Nanji Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1.MD SALEEM Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following ORDER:
1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: 'to issue any writ or direction more particularly a writ in the nature of Writ of Mandamus declaring the action of the respondents in laying down pipeline through the petitioner s land admeasuring an extent of Ac.2.01 out of Ac.24.15 cents in Sy No.413 of Papasanipalli Village, Madakasira Mandal, Satya Sai District without following the due process of law and the procedure contemplated under Act 30 of 2013 as illegal,
arbitrary and violative of Articles 21 and 300-A of the Constitution of India and consequently direct the respondents herein not to lay the pipeline through the petitioner’s land admeasuring an extent of Ac.2.01 out of Ac.24.15 cents in Sy.No.413 of Papasanipalli Village Madakasira Mandal Satya Sai District without following the due process of law and the procedure contemplated under Right to Fair Compensation and Transparency under Land Acquisition Rehabilitation and Resettlement Act 2013and to pass such other
order orders...” or Heard the
learned counsel for the petitioner and the learned Government Pleader appearing for the respondents. 1. The learned counsel for the petitioner submits that the petitioner owned land measuring Ac.2.01 cents out of Ac.24.15 in Sy.No.413 of Papasanipalli Village, Madakasira Mandal, Satya Sai District and having acquired the same through succession from his ancestors. He further submits that after his succession of the land, the petitioner has been in continuous possession and enjoyment of the subject property. However, the respondent authorities, without issuing any notice or following due process of law, are attempting to lay a pipeline through the petitioner’s land, which is contrary to law and in violation of the procedure as contemplated under the Right to Fair Compensation and Transparency Land Acquisition, Rehabilitation, and Resettlement Act, 2013. Hence, the present writ petition. 2. in
3. On the other hand, the learned Assistant Government Pleader for Revenue appearing for the respondents furnished written instructions dated 21.03.2025, wherein it is stated as follows:- (i) It is submitted that, the district collector and district magistrate, Sri Satya Sai District, Putaparthi has approved From-C (public Notice by way of notification) vide No. G1/87/2019, dated 30.06.2022 G.O.Ms.No.487, Revenue (Land acquisition) department, dated 29.11.2019 read with Govt, circular memo dated 03.12.2019 to an extent of 22.24 acres of government lands and patta lands for the purpose of the saia project duly assigning gazette No.15/SSSD/2021 for getting it published as per the provisions of the Act. The said notification has been published by affixing in the officers of Tahsildar, Madakasira, Mandal Parishad Development Officer, Sub registrar. Police station and Nagar Panchayat, Madakasira and also village Secretariat on 13.07.2022. in terms of (ii) It is submitted that the subject land get sub-divided as 413-2, extent Ac.0.50 cents for Melavoy village of Madakasira Mandal from Sy.No.413, extent Ac. 24.15 cents as published in the notification as unsettled property in pattadar column. The Ex-gratia amount of Rs. 5,64,026/0 has been awarded for Extent of Ac. 0.50 cents in terms of Right to Fair compensation and Transparency under land acquisition (Rehabilitation and Resettlement) Act, 2018 (Act 22 of 2018 and the payment is kept pending as the title of the ownership over the land Is not declared. \ / The learned Assistant Government Pleader submits that after the
4. acquisition, the award amount was already deposited, and the project pipeline is under in progress.
Therefore, it cannot be stopped as it is intended for drinking water purposes, which is an emergency citizenry services. 5. In reply, the learned counsel for the petitioner submits that, despite not being in possession, the respondents are laying the pipeline through the petitioner's land. 6. Heard the
learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents.
7. It is observed that the petitioner claims title over the subject property through succession. However, upon perusal of the entire record produced before this court, it is noted that all the documents filed by the petitioner are predate of 1988, including for the passbook issued in favor of the petitioner. No other evidence has been filed to establish the petitioner's has been in possession or title in respect of the subject property as of now and he neither filed any document of recent possession. On perusal of the written ins1:ructions submitted by the respondents, it is observed that the total land acquired Ac.0.50 cents in Sy.No.413, out of which 24.15 cents as published in the acquisition notification as
8. unsettled property.
9. In view of the clear and specific instructions from the respondents, this Court is of the considered view that the present writ petition can be
disposed of by directing the petitioner to submit a detailed explanation to substantiate his claim or right over the subject property, specifically to an extent of Ac.2.01 cents out of Ac.24.15 cents, within a period of two (02) week from the date of receipt of copy of this order. Upon such submission the respondent Nos. 2 to 4 are directed to consider the explanation of the petitioner and pass an appropriate order after providing an opportunity of hearing to the petitioner and any other stakeholders, if any. If the petitioner is able to establish his title, the respondents shall take necessary steps as required under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013. With the above direction, the writ petition is disposed of. There shall 10 be no order as to costs. Consequerttly, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. .
Sd/- P U V BHASKAR RAO ASSISTANT REGISTRAR //TRUE COPY// ION OFFICER S To,
1. The Principal Secretary, Revenue Department, A.P. Secretariat, Velagapudi, Guntur District.
2. The District Collector, Satya Sai District, Puttaparthi.
3. The Sub-Collector/Revenue Divisional Officer, Penukonda, Satya Sai District.
4. The Tahsildar, Madakasira Mandal, Satya Sai District.
5. One CC to Sri Md Saleem Advocate [OPUC]
6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
7. Three CD Copies TF
HIGH COURT DATED:25/03/2025
ORDER WP.No.7748 of 2025 ^ ]7 APn 2C?5 I . current siecUon DISPOSING OF THE W.P., WITHOUT COSTS