APHC010197272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 9868/2025 Between: 1. ATLURI JAYA PUSHPA KUMAR,, S/O LATE GOPALA KRISHNA MURTHY, AGED 62 YEARS, R/O 1-562, HOSPITAL ROAD, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, AMARAVATI, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, GUNTUR, ANDHRA PRADESH. 3. THE ANDHRA PRADESH CAPITAL REGION DEVELOPMENT AUTHORITY, (APCRDA), VIJAYAWADA, REP BY ITS COMMISSIONER, NTR DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): 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 an order, direction or writ, more particularly one in the nature of writ of Mandamus, declaring the action of the 3rd respondent in making to disposes and demolish the permanent structures i.e., Metal Sheet Shed annexed to RCC building bearing D. No. 4-116 and Farmhouse situated in survey No. 799/A to an extent of Ac. 8.50 Cents of Nowluru Village, Mangalagiri Mandal, Guntur District, without any acquisition under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation SRS,J W.P.No.9868 of 2025 and Resettlement Act, 2013 (Act No.30 of 2013) and without issuing any notice to the Petitioner herein as illegal, arbitrary, violative of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, devoid of principles of natural justice and unconstitutional and consequently direct the respondents not to dispossess the petitioner or demolish any permanent structures that existing in survey No. 799/A in an extent of Ac.8.50 Cents of Nowluru Village, Mangalagiri Mandal, Guntur District, IA NO: 1 OF 2025 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 not to interfere with the possession of the petitioner of Ac.8.50 Cents in Survey No. 799/A of Nowluru Village, Mangalagiri Mandal, Guntur District, pending disposal of the above Writ petition, Counsel for the Petitioner: 1. SRINIVASA RAO BODDULURI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. S PRANATHI The Court made the following: :: ORDER :: The above writ petition is filed to declare the action of respondent No.3 in trying to dispossess and demolish the structure of the petitioner bearing D.No.4-116 in Sy.No.799/A of an extent of Ac.8.50 cents in Nowluru Village, Mangalagiri Mandal, Guntur District, without issuing notice or acquiring the land under the provision of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act No.30 of 2013), is illegal and arbitrary. Page 3 of 4 SRS,J W.P.No.9868 of 2025 2. Heard Sri B. Srinivas Rao, learned counsel for the petitioner and learned Government Pleader for Revenue appeared for respondents 1 & 2 and Smt. Pranathi, learned Standing Counsel, appeared for respondent No.3. 3. Learned counsel for the petitioner would submit that the petitioner’s father purchased the property to the extent of Ac.8.50 cents in Sy.No.799/A of Nowluru Village, Mangalagiri Mandal, Guntur District, under the registered sale deed dated 16.12.1953. Respondent No.3 sought to lay 50-meter road across the land by modifying the alignment. The petitioner filed W.P.No.26827 of 2016, which is pending. Earlier, the District Collector issued a notification under Section 11(1) of the Act 30 of 2013 dated 22.04.2017. However, the acquisition has not taken place, hence, the notification has elapsed. Learned counsel also would submit that on 14.04.2025, the officials of respondent No.3 visited the land and marked the land for laying the road. 4. On instructions, Smt. Pranathi, learned Standing Counsel, would submit that respondent No.3 has not interfered with the petitioner’s possession of the aforementioned land and that respondent No.3 will follow the due procedure. 5. Given the facts and circumstances of the case, the Writ Petition is disposed of at the stage of admission, with the consent of both the learned counsel, directing the respondent No.3 not to interfere with the petitioner’s possession of the property of an extent of Ac.8.50 cents in Sy.No.799/A of Nowluru Village, Mangalagiri Mandal, Guntur District, without following due process of law. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 17.04.2025 TVN SRS,J W.P.No.9868 of 2025 151 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.9868 OF 2025 Date : 17.04.2025 TVN