IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATf MONDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE . PRESENT THE HON’BLE SRI JUSTICE R RAGHUNANDAN RAO AND THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM^, WRIT APPEAL NO: 549 OF 2024 . Writ Appeal under Clause l5^of the Letters Patent Appeal preferred against the Judgment in W.P.No. 7102 of 2008 dated 28-11-2024, on the file of the High Court. Between: 1. The District Collector, Visakhapatnam District, Visakhapatnam. 2. The Special Deputy Collector (Land Acquisition), A.P.I.I.C., S.E.Z., Unit- 1, Collectorate, Visakhapatnam-02. ...APPELLANTS/RESPONDENTS IN WP NO. 7102/2008_ AND 1. Kasireddi Ramu, S/o.Late Maru Naidu, Hindu, Aged 36 years. Cultivation, R/o.Krishnampalem Village, Rambilli Mandal, Visakhapatnam District. 2. Smt. R. Josna Kumari, W/o.Rudraraju Satyanarayana, Hindu, Aged 35 years. House wife, R/o.Seethammadhara, Visakhapatnam District. 3. Kasireddi Appalanaidu, S/o.Late Maru Naidu, Hindu, Aged 30 years. Cultivation, R/o.Krishnampalem Village, Rambilli Mandal, Visakhapatnam District. 4. Kasireddi Yerakanna, S/o.Late Maru Naidu, Hindu, Aged 48 years. Cultivation, R/o.Krishnampalem Village, Rambilli Mandal, Visakhapatnam District. % 5. Kasireddi Laxman Rao, S/o.Late Maru Naidu, Aged 28 years. Cultivation, R/o.Krishnampalem Village, Rambilli Mandal, Visakhapatnam District. 6. Kasireddi Appa Rao, S/o.Late Appala Swamy, Hindu, Aged 52 years. Cultivation, R/o.Krishnampalem Village, Rambilli Mandal, Visakhapatnam District. 7. Maddu Vijaya Bhaskar, S/o.Maddu Jagadeeswara Rao, Hindu, Aged 39 years. Residing at E-136, Panchavati Township, Akkireddypalem, B.H.V.V.Post, Visakhapatnam, Andhra Pradesh. 8. Sannaboyina Adilakshmi, W/o.Sannaboyina Srinivasa Rao, Hindu, Aged 54 years. Residing at A-101, KSR Green Valley, Ambedkar Nagar, Madhavadhara Marripalem Post, Visakhapatnam - 530 018. 9. Penke Nagamani, W/o Penke Veeraraju, Hindu, Aged 64 years. Residing at 2-209, Venkateswara Nagar, 0pp. Suryamahal, Vakalapudi, Kakinada - 533430, East Godavari District, A.P., 10. Budharaju Bharat Rani, D/o.Late Budharaju Chinna Suryanarayan Raju, Hindu, Aged 64years, Residing at Prattipadu Mandal, Rachapalli Post, East Godavari District - 522430. 11. Rudraraju Uma Sreedevi, W/o.Rudraraju Ravikumar Varma, Hindu, Aged 52 years. Residing at D.No.50-49-16/8, Near NRI Hospital, Seethammadhara, Visakhapatnam - 530012. ...RESPONDENTS/WRIT PETITIONERS' lA NO: 2 OF 2024 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 suspend the operation of impugned order dated.20.07.2023 in WP.No.7102 of 2008 pending disposal of the writ appeal. / Counsel for the Appellants: GP FOR LAND ACQUISITION Counsel for the Respondents: SRI S RAJAN ^ The Court made the following: ORDER APHC010224032024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3508] S!p=- f MONDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT APPEAL NO: 549/2024 Between: The District Collector, and Others ...APPELLANT(S) AND Kasireddi Ramu and Others ...RESPONDENT(S) Counsel for the Appellant(S): 1.GP FOR LAND ACQUISITION (AP) Counsel for the Respondent{S): 1.S RAJAN The Court made the following Judgment: (per Hon’ble Sri Justice R. Raghunandan Rao) The respondents 1 to 6, had initially approached this Court, by way of W.P.No.7102 of 2008. Subsequently, respondents 7 to 11 were impleaded as petitioners. 2. The present Writ Petition was essentially filed challenging the notification issued under Section 4 and Section 6 of the Land Acquisition Act, 1894 (herein referred to as “the Act”), under which the land belonging to the 2 RRR,J & MRK,J ^ W.A.No.549 of 2024 respondents in Krishnampalem Village, Rambilli Mandal, Visakhapatnam District, was sought to be acquired. 3. During the pendency of the Writ Petition, the appellants filed a counter-affidavit, stating that, an award had already been passed on 16.11.2007, in relation to this land. Subsequently, the respondents amended their prayer and affidavit for the purpose of challenging the said award also. When the matter came up before the Learned Single Judge, it was 4. admitted by the learned counsel appearing for the appellants that, consent of the respondents, accepting the said award is not there. On that basis, the Learned Single Judge, set aside the award to the extent of respondents, while leaving the rest of the award intact. 5. Aggrieved by this decision of the learned Single Judge, dated 20.07.2023, the present Writ Appeal has been filed by the appellants. The learned Government Pleader for Land Acquisition, appearing for the appellants, would submit that 80% of the affected persons had given their consent for the award and infact, the respondents also appear to have given 6. their consent, after which the award had been passed. However no documents, demonstrating any such consent being given by the respondents. have been placed before this Court. 7. In such circumstances, the contention of the appellants that, the respondents had given their consent for the award would have to be rejected. 3 % RRR,J & MRK,J W.A.No.549 of 2024 Accordingly, this Writ Appeal is dismissed. There shall be no order as 8. f to costs. As a sequel, interlocutory applications pending, if any shall stand closed. Sd/- M.RAMESH BABU DEPUTY. REGISTRAR //TRUE COPY// FFICER SE To, 1. Two CCs GP for Land Acquisition, High Court of A.P. [OUT 2. One CC to Sri S Rajan Advocate [OPUC 3. Three CD Copies TF HIGH COURT DATED:20/01/2025 ORDER WA.No.549 of 2024 10 FFB 20?5 a Co ^ * Current iiecuon ^ DISMISSING THE W.A., WITHOUT COSTS