IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATl (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE I- PRESENT THE HON'BLE SRI JUSTICE GANNAMANENI RAIVIAKRISHNA PRASAD WRIT PETITION NO: 8600 OF 2025 Betwee n : 1. Kuna Sarojanamma, W/o Late Ramulu, Aged about 80 years, Occ House hold Door No.1-60, Sri Jaganadhapuram, Village Ya]amanchili Post, Kotabommali Mandal, Srikakulam District .Andhra Pradesh. 2. Kuna Anandarao, S/oLate Ramulu, Aged about 55 years, Occ Agriculture Door No.1rfeO, SrI' Jaganadhapuram, VI'Ilage YalamanchI-li Post, Kotabommali Mandal, Srikakulam District .Andhra Pradesh. ...Petitioners AND 1. State of AndhI-a Pradesh, Rep. by I'tS Principal Secretary to Government. Land Acquisition Department, SecretarI-at, Amaravati, Guntur District. 2. District Collector, Srikakulam Distrl'ct. 3. Revenue Divisional Officer, Tekkali Division, Srikakulam Distrl'ct. 4. The Project Director, District Water ManagementAgency (DWMA) Collectorofflce, Srikakulam, Srikakulam District. 5. Tahsildar, Kotabomali Mandal Srikakulam District. 6. The Excutive Engineer, BRR Vamsadhara Project, Srikaku]am town and District. 7, The Assistant Engineer, BRR Vamsadhara Project, Kotabommali, Srikakulam District. 8. The Mandal Parishad development OffiICer, MPDO Office, Kotabommali Mandal, Srikakulam 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 particularly one in the nature of Writ of Mandamus declaring the action of respondents 2 to 8 in interfering with petitioner's land admeasuring Ac.0.39 cents in Survey No.151-12(a) situated in Sri Jagannadhapuram village of Kotabommali Mahdal, in 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 Artl'cles 14, 21 and` 300-A of Constitution of India and consequently direct the respondents 2 to 8 not to interfere with petitioner's land admeasurI-ng Ac.0..39 cents in Survey No.151-12(a) situated` in Sri Jagannadhapuram village of Kotabommali Mandal, in Srikakulam District, for the purpose of road widening without following due process of law. ]ANO: 1 OF2025 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 direct the respondents 2 to 8 not to interfere with petI'tiOner'S land admeasuring Ac.0.39 cents in Survey No.151-12(a) situated in Sri Jagannadhapuram village of Kotabommali MandaI, in Srikakulam Dl'strict, for the purpose of road widenI'ng Without following due process of law, pending disposal of the above writ petition. Counsel I-Or the Petitioner: SRi. UMASANKAR LOKANADHAM Counsel for the Respondent No.1 : GP FOR LAND ACQUISITION i_I_I_._i.,___._i:'Ja=n1<~_i_I_i___I_I______`J_ ry-_-__ `-`' _`T- Counsel for the Respondent Nos. 2,3&5: GP FOR REVENUE Counsel for the Respondent Nos. 4,6&7: GP F-OR IRRIGATION AND COMMON AREA DEVELOPMENT Counsel for the Respondent No. 8: SRI Y KOTESWARA RAO SC FOR ZPP, MPP AND GP ` The Court made the following order: \ APHCO10166222025 ERE± lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Juris-diction) [3328] WEDNESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 8600/2025 Between: 1.KUNA SAROJANAMMAu W/O LATE RAMULU, I AGED ABOUT 80 YEARS, OCC HOUSE HOLD DOOR NO.1-60, SRI JAGANADHAPURAM, VILLAGE YALAMANCHILl .POST, KOTABOMMALI MANDAL, SRIKAKULAM DISTRICT .ANDHRA PRADESH. 2.KUNA ANANDARAOH S/OLATE RAMULU, AGED ABOUT 55 YEARS, OCC AGRICULTURE DOOR NO.1-60, SRI JAGANADHAPURAM, VILLAGE YALAMANCHILl .POST, KOTABOMMALI MANDAL, SRIKAKuLAM DISTRICT .ANDHRA PRADESH. ...PETITIONER(S) AND 1,STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT. LAND ACQUISITION DEPARTMENT', SECRETARIAT, AMARAVATl, GUNTUR DISTRICT. 2.DISTFaiCT C,OLLECTOF3, SRIKAKiJLAM DISTRIC,T. 3.REVENUE DIVISIONAL OFFICER, TEKKALI DIVISION, SRIKAKULAM DISTR'CT. 4.THE PROJECT DIRECTOR, DISTRICT WATER MANAGEMENTAGENCY (DWMA) COLLECTOROFFICE, SRIKAKULAM, SRIKAKULAM DISTRICT. -i t\ 5,TAHSILDAR, KOTABOMALI MANDAL SRIKAKULAM DISTRICT. 6.THE EXCuTIVE ENGINEER, BRR VAMSADHARA PROJECT, SRIKAKULAM TOWN AND DISTRICT. 7.THE ASSISTANT ENGINEER, BRR VAMSADHARA PROJECT, KOTABOMMALl, SRIKAKULAM DISTRICT. 8.THE MANDAL PARISHAT DEVELOPMENT OFFICER, MPDO OFFICE, KOTABOMMALI MANDAL, SRIKAKULAM DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. UMASANKAR LOKANADHAM Counsel for the Respondent(S): 1.GP FOR LAND ACQUISITION 2.GP FOR REVENUE 3.GP FOR IRRI AND CAD The Court made the following: ORAL ORDER: Heard Sri Umasankar Lokanadham, learned Counsel for the Writ Petitioners, Sri T.Sanjeeva Rao, learned Assistant Government Pleader for Revenue, Sri A.Narayana Rao, learned Assistant Government Pleader and Ms B.Sravani, learned Assistant Government Pleader for Forests. 2. Sr'l T.Sanjeeva Rao, learned Assistant Government Pleader for Revenue, has submitted the Written Instruction furnished by the Tahsildar, Kotabommali dated 01.04.2025. Copy of it is served on the Counsel for the Writ Petitioners as well. This Written Instruction is taken on record. 3. The Writ Instruction would indicate that on the request made by the Mandal Engineering Officer, (Panchayat Raj), Kotabommaii, to conduct land survey and communicate the report, a detailed enquiry was conducted by the field functionaries of the Tatlsildar's Office and. submitted a report giving details of encroachments in Vamsadhara Canal. EEE EE `~-+ *`--+ 4. The Written Instruction WOuld also indicate that the Wr|lt Petitioners have encroached part of the land belonging to the vamsadhara project and vamsadhara Canal. 5. On a query made bythiS Court, whethertheWrit Petitioners were also put on notice before conduct of survey by the field staff of Tahsildar, Kotabommali (Respondent No.5), the learned Assistant Government Pleader has submitted that no such notice was issued and that the survey was conducted at the behest of the Mandal Engineering Officer, (Panchayat Raj), Kotabommal'l. 6. Having considered the above facts, it iS noticed by this Court that the writ petitioners were not put on notice by the Respondent No.5 and his staff at the time of conduct of survey. ln this view of the matter, this Court is of the opinion that the survey was conducted behind the wr'lt petitioners. lt is a matter of statutory requirement that the field functionaries working under Tahsildar are required tO give advance notice tO all the interested Parties and enable them to participate in the survey. whereas in the instant case during the conduct of the survey, the wr'lt petitioners were never put on notice. ln this view of the matter, this court is of the opinion that the Respondent authorities would do well in conducting a resurvey afresh with advance notice to the Writ pet'ltioners. Accordingly, this Court issue following direCtiOnS'. i. There shall be direction tO conduct reSurVey at 10 AM on 22.04.2025. ii. The \^Jrit Petit.ioners shall be Present before the Tahsildar and field functionaries during the conduct of the survey at 10 AM on 22.O4.2025. iii. since, this court has now fixed the time and date of conduct of resurvey, it is indicated that there will not b,e any fresh notice tO the Writ Petitioners. .f339. iv. The Tahsildar shall consider the SubmiSSiOnS/Objections and the documents furnished by the parties before issuing the final proceedings. v. The final proceedings Shall be Prepared Within two (02) weeks after conduct of survey and the copy of such f'lnal report be supplied to all the parties including the Writ Pet'lt'loners. vi. lt is needless to state that the Mandal Engineering Officer shall also be present during the conduct of the survey, for which, the Respondent No.5 shall inform the Said Officer in advance, 7. W',th these observations and directions, this Writ Petition stands disposed of. No order as to costs. 8. lnterlocutoryApplications, if any, Stand Closed in terrnS Of thiS Order. sd/-K. SRINIVASA.RAJU //TRUE COPY// ASS[STANTg=S/TRAR SECTION OFFICER To, 1. Kuna SaroJ'anamma, W/o Late Ramulu, Aged about 80 years, Occ House hold Door No.1-60, Sr'l Jaganadhapuram, Village Yalamanchili post, Kotabomma'i Mandal, Srikakulam District .Andhra Pradesh. 2. Kuna Anandarao, S/oLate Ramulu, Aged about 55 years, Occ Agriculture Door No.1-60, Sri Jaganadhapuram, Village Yalamanchili post, Kotabommali MandaI, Srikakulam District .Andhra Pradesh. 3. The Principal Secretary to Government, State of Andhra Pradesh, Land Acquisition Department, Secretariat, Amaravati, Guntur District. 4. The District Collector, Srikakulam District. 5. The Revenue Divisional Officer, Tekkali Division, Srikakulam District. 6. The Project Director, District Water ManagementAgency (DWMA) CoIIectoroffice, SrikakulamI Srikakulam District. 7. The Tahsildar, Kotabomali Mandal Srikakulam District. (By Speed Post) 8. The Excutive Engineer, BRR Vamsadhara Project, Srikakulam town and District. 9. The Assistant Engineer, BRR Vamsadhara Project, Kotabommali, Srikakulam Dl'strict. 10. The MandaI Parishat Development Officer, MPDO Office, Kotabommali MandaI, Srikakulam district. ( By Speed Post) ll. The MandaI Engineering Officer, Kotabommali Mandal, Srikakulam Distr'lct. ( By Speed Post) 12. One CC to Sri. Umasankar Lokanadham Advocate [OPUC] 13. One CC to Sri. Y Koteswara Rao SC for ZPP, MPP and GP [OPUC] 14. Two CCs to GP For Land Acquisition, High Court OfAndhra Pradesh. [OUT] 15. Two cos to GP For Revenue, High Court OfAndhra Pradesh. [OUT] 16. Two CCs to GP For Irrigation and GAD, Hl'gh Court OfAndhra Pradesh. [OUT] 17. Three CD Copies GSC •# HIGH COURT DATED:02/04/2025 ORDER WP.No.8600 of 2025 DiSPOSiNG OF THE WP WITHOUT COSTS