APHC010256652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 5 MONDAY,THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13777 OF 2025 Between: Gochipatala Subba Rao, S/o Dasu, aged about 55 years, R/o New Damavaripalem Addanki, Bapatia District. ...Petitioner AND 1. The State Of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, District. 2. The District Collector, Bapatia District at Bapatia. 3. The Tahasildar, Addanki Mandal, Bapatia District. Velagapudi, Amaravati, Guntur ...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 or order or directions more particularly one in the nature of writ of mandamus declaring the action of the respondents more particularly the action of the officials of the 3rd respondent in threatening to dispossess the petitioner from the plot admeasuring Ac.0.02 1/2 cents in Sy.No.208/3 situated in North Addanki Village, Addanki Mandal, Bapatia District (previously in Prakasam District), without following due process of law as illegal and violative of Articles 14, 21 and 300-A of the Constitution of India w J0 and also violation of principles of natural justice and contrary to the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,2013 and consequently direct the respondents not to disposes the petitioner from the above property without following due process of law. lA 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 2 and 3 and their officials not to interfere with the petitioner’s possession and enjoyment over the plot admeasuring Ac.0.02 14 cents in Sy.No.208/3 situated in North Addanki Village, Addanki Mandal, Bapatia District (previously in Prakasam District), pending disposal of the writ petition. Counsel for the Petitioner: SAKAMURI SRINIVASA DHARMA TEJA Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE The Court made the following order: APHC010256652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 5 [3329] MONDAY,THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13777/2025 Between: 1.GOCHIPATALA SUBBA RAO, S/0 DASU, AGED ABOUT 55 YEARS R/O NEW DAMAVARIPALEM ADDANKI, BAPATIA DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, BAPATLA DISTRICT AT BAPATLA. 3.THE TAHASILDAR, ADDANKI MANDAL, BAPATLA DISTRICT. REVENUE DEPARTMENT, SECRETARIAT ...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 topleased to issue a writ or order or directions more particularly one in the nature of writ of mandamus declaring the action of the respondents more particularly the action of the officials of the 3rd respondent in threatening to dispossess the petitioner from the plot admeasuring Ac.0.02 1/2 cents in Sy.No.208/3 situated in North Addanki Village, Addanki Mandal, Bapatia District (previously in Prakasam District), without following due process of law as illegal and violative of Articles 14, 21 and 300-A of the Constitution of India and also violation of principles of natural justice and 2 contrary to the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,2013 and consequently direct the respondents not to disposes the petitioner from the above property without following due process of law and lA 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 Pleased to direct the respondents 2 and 3 and their officials not to interfere with the petitioner’s possession and enjoyment over the plot admeasuring Ac.0.02 14 cents in Sy.No.208/3 situated in North Addanki Village, Addanki Mandal, Bapatia District (previously in Prakasam District), pending disposal of the writ petition and pass Counsel for the Petitioner: 1.SAKAMURI SRINIVASA DHARMA TEJA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: pass 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU WRIT PETITION NO: 13777/20?^ NIMMAGADDA ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief; pleased to issue a writ or order or directions particulariy one in the nature of writ of mandamus declaring the action of the respondents more particularly the action of the officials of the 3''^ respondent In threatening to dispossess the petitioner from the plot admeasuring Ac.0.02i/2 cents in Sy.No.208/3 situated Addanki Village, Addanki Mandat, Bapatia District (previously in Prakasam District), without following due process of law as illegal and violative of Articles 14, 21 and 300-A of the Constitution of India also violation of principles of natural justice and contrary provisions of the Right to Fair Compensation and Transparency i Land Acquisition, Rehabilitation and Resettlement Act, consequently direct the respondents not to disposes the petitioner from the above property without following due process of law and pass ” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader appearing for the respondents. more in North and to the in 2013 and 3. Learned counsel for the petitioner submits that the assigned the land admeasuring to an extent of Ac.0.02i/2 cents i Sy.No.208/3 in North Addanki Viliage, Addanki Mandal, Bapatia District. It is further submitted that the subject land was assigned to the petitioner by way petitioner was in 3 4 rd of house site patta bearing No.Rc.DT.34/2009, dated 18.02.2009 by the 3 respondent. Since, from the date of assignment, the petitioner has been in possession and enjoyment of the subject house site. While being so, without following the due process of law and without observing the principles of natural justice, the respondents are trying to dispossess the petitioner from the subject land which is in violation of Article 14, 21 & 300-A of the Constitution of India. On the other hand, the learned Assistant Government Pleader appearing for the respondents has furnished a copy of written instructions issued by the 3'^'^ respondent vide Rc.No.DT/787/2025, dated 14.06.2025, wherein, the relevant portion is usefully extracted hereunder: 4. “In this connection, it is submitted that it is a fact that the D.K.Patta was allotted to the applicant in an extent of Ac.0.0250 Cents in Sy. No.208/3 of North Adanki Village, Addanki Mandal. As a part of allotment of land for construction of Fire Station for the purpose of public in Addanki Mandal, the land to an extent of Ac. 0.18 Cents in the Sy.No. 208/3 of North Addanki Village is identified. But it is not compact, not feasible for construction of Fire Station. Flence, immediately by negotiating with the present applicant in the Writ Petition and another assignee i.e. Addanki Babu S/o. Ramaiah, another suitable land to an extent of Ac.0.0150 Cents each in Sy.No.15/2 of North Addanki Village has been assigned in their favour. Only after assignment of alternate land i.e. on 04.01.2024 to the applicant, the land to an extent of Ac.0.23 Cents in Sy.No.208/3 of North Addanki Village was assigned in favour of the Fire and Disaster - Response Department, Addanki Mandal on 13.09.2024.” same 5 The Learned Assistant Government Pleader further submits that the 5. petitioner was allotted with an alternative land as compensationfor the subject land, as it is required for the construction of a fire station which was intended for public use. The assignment of the alternative land was made with the consent of the petitioner and the other assignee, one Sri Addhanki Babu, S/o Ramaiah. Therefore, the respondents' act of taking possession of the subject property was carried out with the petitioner's consent. Hence, the petitioner is not entitled to any relief. It is further submitted that an extent of Ac.0.18 cents of vacant land remains in Sy.No.208/3 of North Addanki Village, after an allotment of alternative land in favour of the petitioner and another individual, as narrated above. At the request of the Fire and Disaster-Response Department, the said land has been proposed for the construction of a Fire Station at Addanki, which is considered as a viable location. Accordingly, a request was made to the petitioner and the other assignee to consent to the allotment of alternative land within the same vicinity. 6. Having regard to the submissions of the learned counsel for the petitioner, the learned Assistant Government Pleader for the respondents and f perusal of the material available on record, the fact remains that the petitioner was originally assigned an extent of Ac.0.0250 cents in Sy.No.208/3 in North Addanki Village, Addanki Mandal, Bapatia District for construction of 7. ( on 6 house site. It is further observed that apart from the petitioner, another one Sri Addhanki Babu, S/o. Ramaiah was also assigned adjacent land i.e., Ac.0.0150 cents by way of patta. As observed from the instructions submitted by the learned Assistant Government Pleader that the petitioner and Sri Addhanki Babu have consented for the alternative land assignment and they were allotted alternative land to an extent of 0.0150 cents each in Sy.No.15/2 of North Addanki Village in compensation to surrender of their original land. In view of the clear and categorical instructions, the respondents are hereby directed to alienate the subject land in Sy.No.15/2 in accordance with law, till the completion of entire alienation proceedings in favour of the petitioner, the petitioner cannot be dispossessed from the subject land. 8. 9. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the Writ Petition shall stand closed. Sd/- A. VIJAYA BABU assistant registrar //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, Secretariat Buildings, / Velagapudi, Amaravati, Guntur District. 2. The District Collector, Bapatia District at Bapatla. 3. The Tahasildar, Addanki Mandal, Bapatla District. 4 One CC to Sri. Sakamuri Srinivasa Dharma Teja Advocate [OPUC] ' 5. Two CCs to GP FOR REVENUE High Court of Andhra Pradesh [OUT] 6. Two CD Copies. AL HIGH COURT DATED:16/06/2025 ORDER WP NO. 13777 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS