IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI MONDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSANDAND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO AND THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT APPEAL NO: 544 OF 2024 Writ Appeal under clause 15 of the Letters Patent preferred against the order dated.20.07.2023 in WP No. 19443 of 2007 on the file of the High Courl.^. Between: 1. The District Collector, Visakhapatnam. 2. The Special Deputy Collector, (Land Acquisition) A.P.LI.C., S.E.Z., Unit- 1, Collectorate, Visakhapatnam-02. ...APPELLANTS/RESPONDENTS in WP no.19443/2007, 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 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., Madhavadhara, lO.Budharaju Bharat Rani, D/o.Late Budharaju Chinna Suryanarayan Raju, Hindu Aged 64years, Residing at Prattipadu Mandal, Rachapalli Post, East Godavari District - 522430. lI.Rudraraju Lima Sreedevi, W/o.Rudraraju Ravikumar Varma, Hindu Aged 52 yeare. Residing at D.No.50-49-16/8, Near NRI Hospital, Seethammadhara, Visakhapatnam - 530012. ...RESPONDENTS/WRIT PETITIONERS 12.A P Industrial Infrastructure Corporation Ltd., Rep. by its Chairman and Managing Director, Basheerbagh, Hyderabad. (R12 is formal party in this petition) ...RESPONDENT/RESPONDENT 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. 19443 of 2007 pending disposal of the writ appeal. Counsel for the Appellants : GP FOR LAND ACQUISITION Counsel for the Respondent Nos.1 to 11 : SRI S. RAJAN Counsel for the Respondent No.12 : The Court made the following: JUDGMENT APHC010223822024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) il'-Vh [3508] B 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: 544/2024 Between; ...APPELLANT(S) The District Collector and Others AND ...RESPONDENT(S) Kasireddi Ramu and Others 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.19443 of 2007. Subsequently, respondents 7 to 11 were impleaded as petitioners. situated in The case of the respondents is that, their land 2. Krishnampalem Village, Rambilli Mandal, Visakhapatnam District, was sought to be acquired by the Land Acquisition Authorities, without considering the 2 RRR,J & MRK,J ^ W.A.No.544 of 2024 objections raised by them against the notification issued under Section 4 (1) and the Draft Declaration under Section 6 of the Land Acquisition Act, 1894 (herein referred to as “the Act”). The respondents also contended that, the provisions of Section 5-A of the Act, could not have been initiated as there is no urgency in the acquisition process at all. The respondents sought a direction to the authorities to consider their objections before the award proceedings are initiated. 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. It is further stated that, this award was a consent award and consequently, the objections raised by the respondents do not require any further consideration. The respondents herein, after the counter-affidavit had been served on 3. them, amended the prayer in the Writ Petition and also added certain pleadings, to the effect that, no consent had been given by them for passing of the award. When the matter came up before the Learned Single Judge, the learned 4. counsel appearing for the State as well as M/s. A.P.I.I.C., had conceded that the proof of consent of award was not available. Infact, written consent, was not obtained from the respondents. The learned Single Judge, after recording this statement, had allowed the Writ Petition, to the extent of setting aside the award, in relation to the respondents herein, while leaving the rest of the award intact. 3 RRR,J & MRK,J W.A.No.544 of 2024 5. Aggrieved by this decision of the learned Single Judge, dated 20.07.2023, the present Writ Appeal has been filed by the appellants. 6. 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 after which the award had been passed. However tv no their consent, documents, demonstrating any such consent being given by the respondents. have been placed before this Court. In such circumstances, the contention of the appellants that, the respondents had given their consent for the award would have to be rejected. Accordingly, this Writ Appeal is dismissed. t There shall be no order as to cpsts. 7. 8. sequel,’ interlocutory applications pending, if any shall stand As a closed. Sd/- M.RAMESH BABU DEPUTY REGISTRAR I //TRUE COPY// s OFFICER To 1. Two CCs to GP for Land Acquisition, High Court of Andhra Pradesh Amaravati [OUT] 2. One CC to Sri S. Rajan, Advocate [OPUC] -- 3. Three C.D. Copies. at Cnr I HIGH COURT CNR DATED:20/01/2025 I 1 0 FEB 20?5 ^ * Current Section . : JUDGMENT to WA.No.544 of 2024 DISMISSING THE WRIT APPEAL WITHOUT COSTS