Basireddy Penchal Reddy, v. The State of Andhra Pradesh,
WP/16242/2025 · 2025-07-20
Subba Reddy Satti
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19186 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19186 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010266142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16242 OF 2025 Between: Basireddy Penchal Reddy, S/o. Duggi Reddy, Aged about 58 years Occ- Agriculture, Mudumala Gram Pachayat Post, Chinnayapalli Village B.Mattam Mandal, YSR Kadapa District. ...Petitioner AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Secretariat Building, Velagapudi, Guntur District. 2. The District Collector, Kadapa, YSR Kadapa District. 3. The Land Acquisition Officer/Joint Collector, Kadapa, YSR Kadapa District
4. The Revenue Divisional Officer, Badvel Revenue Division, YSR Kadapa District. 5. The Tahsildar, B. Mattam, YSR Kadapa District. 6. The District Surveyor, Revenue Department, YSR Kadapa District. 7. The Deputy Inspector, Revenue Department, Badvel, YSR Kadapa District. 8. The Mandal Surveyor, B. Mattam, YSR Kadapa District
9. The Village Surveyor, Sachivalayam, Mudamala Village, B. Mattam Mandal, YSR District
10. The Village Revenue Officer, District. 11. National Highways Authority of India, Rep by its Chairman, G5 and G6 and 6 Sector, Dwarka, New Delhi. Mudamala, B. Mattam Mandal, YSR ...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 an appropriate Writ, Order in the nature of Writ of Mandamus declaring the not considering the petitioners representation. or Direction more particularly one action of the respondents in dated 19-03-2025 seeking to conduct survey of the petitioners lands in Sy. No. 260 an extent of Ac. 1.36 cents, Sy.No.262 an extent of Ac. 86 72 cents, Sy. No. 310 an extent of Ac. 0.25 cents, Sy.No. 311 an extent of Ac.0.40 cents, 314/1 extent of Ac. 0.30 cents Sy.No. 353 an extent of Ac. 0.31 cents, Sy.No. 360 an extent of Ac.0.64 cents, , Sy. No. 372/1 cents an extent of Ac. 0.08 cents, Sy.No. 373/1 an extent of Ac. 0.76 cents, and Sy.No. total land an extent of Ac. 4.96 Vz cents situated at Mudumala Gram Panchayat, Chinnayapalli YSR Kadapa District and to fix boundaries B. Mattam Mandal, and also to pay the compensation amount to the petitioner for acquiring the lands as per provisions of the Right to Fair Compensation and Transparency in land acquisition.
Rehabilitation and Resettlement Act, 2013 is illegal, unjust, arbitrary and in violative of Article 14, 21 and 300 A of the Constitution of India and consequently direct the 3rdrespondent to consider the petitioners representation, dated 19-03- 2025 seeking to conduct lands in Sy. No. 260 survey and to fix the boundaries of the petitioners an extent of Ac. 1.36 cents, Sy.No.262 an extent of Ac. an extent of Ac. 0.25 cents, Sy.No. 311 an extent of an extent of Ac. 0.30 cents Sy.No. 353 an extent of Ac. 86 7 cents, Sy. No. 310 Ac.0.40 cents, 314/1 , 0.31 cents, Sy.No. 360 extent of Ac. 0.08 cents, Sy.No. 873/1 an extent of Ac.0.64 cents, Sy. No. 372/1 cents an an extent of Ac. 0.76 cents, total an
extent of Ac 4.96 1/2 Chinnayapalli. B. Mattam Mandal. [A NO: 1 OF 2025 cents situated at Mudumala YSR Kadapa District Gram Panchayat, in ,h
""" circumstances stated direct I' ot direct the respondents to pay the compensation the petitioner’s lands in Sy. No. 260 amount to the petitioner for an extent of Ac. 1.36 cents, Sy No 262 extent of Ac. 86 '/. cents, Sy. No. 310 an extent of Ac. 0.25 an extent of Ac.0.40 cents, 314/1 an cents, Sy.No. 311 an extent of Ac. 0.30 cents Sy.No. 353 an extent of Ac. 0.31 cents, Sy.No. 360 an extent of Ac.0.64 cents, Sy. No. 372/1 cents an extent of Ac. 0.08 cents Sy.No. 373/1 and Sy.No., total an extent of Ac. 0.76 cents, an extent of Ac. 4.96 ’/a cents situated at Mudumala Gram Panchayat, Chinnayapalli, B.Mattam Madal.
YSR Kadapa District as provisions of the Right to Fair Compensation and Transparency in Land ■“ r..3, / per the above writ petition LA NO: 2 OF 2n?.^ Petition under Section 151 CPC in the affidavit filed i - praying that in the circumstances stated direct the 3« r 'h direct the 3 respondent to consider the petitioner S representation, dated; 19- survey and to fix the boundaries of the petitioner's an extent of Ac. 1.36 cents, Sy.No.262 03-2025 seeking to conduct lands in Sy. No. 260 86 72 cents, Sy. No. 310 Ac.0.40 cents, 314/1 0.31 cents. Sy.No. 360 an extent of Ac an extent of Ac. 0.25 cents, Sy.No. 311 an extent of an extent of Ac. 0.30 cents Sy.No. 353 an extent of Ac, an extent of Ac.0.64 cents, Sy No. 372/1 cents 373/1 an extent of Ac. 0.76 cents, total cents situated at Mudumala an extent of Ac. 0.08 cents, Sy.No. extent of Ac. 4.96 7 an Gram Panchayat Chinnayapalli, B. Mattam Mandal, YSR Kadapa District Counsel for the Petitioner: SRI PENJURI VENUGOPAL
Counsel for the Respondents No.1, 2, 4 to 10: GP FOR REVENUE Counsel for the Respondent No.3: GP FOR LAND ACQUISITION Counsel for the Respondent No.11: DEPUTY SOLICITOR GENERAL OF INDIA The Court made the following order:
APHC010266142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0M0 [3331] ■Jairl MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16242/2025 Between;
S/0. DUGGI REDDY, AGED MUDUMALA GRAM 1.BASIREDDY PENCHAL REDDY ABOUT 58 YEARS OCC- AGRICULTURE PACHAYAT POST.CHINNAYAPALLI VILLAGE B.MATTAMMANDAL, 1 7 YSR KADAPA DISTRICT. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARIAT, SECRETARY, REVENUE DEPARTMENT SECRETARIAT BUILDING, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KADAPA,YSR KADAPA DISTRICT. 3. THE LAND ACQUISITION OFFICER/JOINT COLLECTOR, KADAPA, YSR KADAPA DISTRICT
4.
THE REVENUE DIVISIONAL OFFICER, BADVEL REVENUE DIVISION, YSR KADAPA DISTRICT. 5. THE TAHSILDAR, B. MATTAM, YSR KADAPA DISTRICT. 6. THE DISTRICT SURVEYOR, REVENUE DEPARTMENT, KADAPA DISTRICT. THE DEPUTY INSPECTOR, REVENUE DEPARTMENT, BADVEL, YSR KADAPA DISTRICT. 8t THE MANDAL SURVEYOR, B. MATTAM, YSR KADAPA DISTRICT YSR
7. Page 2 of 6 SRS.J W.P,No,16242 of 2025
9. THE VILLAGE SURVEYOR, , SACHIVALAYAM VILLAGE, B. MATTAM MANDAL, YSR DISTRICT MU DAMALA 10.THE VILLAGE REVENUE OFFICER MANDAL, YSR DISTRICT. MUDAMALA, B. MATTAM
11. NATIONAL HIGHWAYS AUTHORITY ^ CHAIRMAN, G5 AND G6 AND 6 SECTOR OF INDIA, REP BY ITS DWARKA, NEW DELHI. ...RESPONDENT(S): Petition under Article 226 of the Constitution Circumstances stated in the affidavit filed therewith pleased to issue an of India praying that in the i, the High Court may be in fh . . Writ, Order or Direction more particularly one in he nature of Writ of Mandamus declaring the action of the respondents in ot considering the petitioners representation, dated 19-03-2025 seeking to entfsvr2r"'^ - exten'of Ac Ts cents Sy.Na262 an extent of Ac. 86 72 cents, Sy. No. 310 an extent of Ac cents 372/1 Ac 0 64 cents, , Sy. No. 372/1 cents an extent of Ac. cents, Sy.No. 373/1 an extent of t M ’ Ac. 4.96 Vq cents situated KadanfTt 1°''^^ Panchayat, Chinnayapalli, B. Mattam Mandal YSR to ^rn tr ' T ot pay the compensation ' to the peti loner for acquiring the lands as per provisions of the Right to Fair Comi^ensation and Transparency in 1 land acquisition, RehabLiion and Resettlement Act, 2013 is illegal, unjust, arbitrary 21 and 300 A of the Constitution 3rdrespondent to consider the seeking to conduct amount and in violative of Article 14, of India and consequentity direct the petititoners representation, dated 19-03-2025 in Sv Mn 9Kn boundaries of the petitioners Cents' Sv No ZT ^
"n extent of Ac. 86 1/2 U.31 cents, Sy.No. 360 an extent of Ac.0.64 cents, , Sy No 372/1 cents exten of Ac.
0.08 cents, Sy.No. 373/1 an extent o; Ac 0 76 cents extent of Ac 4.96 1/2 centssituated at Mudumala Gram Panchayat Chinnayapalli, B. Mattam Mandal, YSR Kadapa District and pass ^ ' lands an total an
SRS.J W.P.No. 16242 of 2025 lA NO: 1 OF 202fi Petition under Section 151 CPC praying that in the circumstances stated m the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the respondents to pay the compensation amount to the petitioner for the petitioner’s lands in Sy. No. 260 an extent of Ac. 1.36 cents, Sy.No.262 an extent of Ac. 86 Ya cents, Sy. No. 310 0.25 cents, Sy.No. 311 an extent of Ac.0.40 cents 0.30 cents Sy.No. 353 an extent of Ac. 0.31 cents, Sy.No. 360 an extent of Ac.0.64 cents, , Sy. No. 372/1 cents an extent of Ac. 0.08 cents, Sy.No. 373/1 an extent of Ac, 0.76 cents, and Sy.No., total an extent of Ac. 4.96 V2 cents situated at Mudumala Gram Panchayat, Chinnayapalli, B.Mattam Madal, YSR Kadapa District as per provisions of the Right to Fair Compensation Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, pending disposal of the above writ petition and pass lA NO: 2 OF 2025 an extent of Ac. 314/1 an extent of Ac. and ^ Petition under Section 151 CPC praying that in the circumstances stated ii'i the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the direct the 3rd respondent to consider the petitioner's representation, dated: 19-03-2025 seeking to conduct survey and to fix the boundaries of the petitioner's lands in Sy. No. 260 an extent of Ac. 1.36 cents, Sy.No.262 an extent of Ac. 86 Ya cents, Sy. No. 310 an extent of Ac. 0.25 cents, Sy.No. 311 an extent of Ac.0.40 cents, 314/1 an extent of Ac. 0.30 cents Sy.No. 353 an extent of Ac, 0.31 cents, Sy.No. 360 an extent of Ac.0.64 cents, , Sy. No. 372/1 cents an extent of Ac. 0.08 cents, Sy.No. 373/1 an extent of Ac. 0.76 cents, total an extent of Ac.
4.96 Ya centssituated at Mudumala Gram Panchayat, Chinnayapalli, B. Mattam Mandal, YSR Kadapa District and pass such other order or orders may deem fit and proper in the circumstances of the case, pending disposal of the above writ petition and pass Counsel for the Petitioner:
1.PENJURI VENUGOPAL Counsel for the Respondent(S):
1.GP FOR REVENUE
SRS,J W.P.No.16242 Of 2025 2.GP FOR LAND ACQUISITION The Court made the following:
:: ORDER :: The grievance of the petitioner is that respondents 6 to 8 are not surveying the petitioner’s land of an extent of Ac.1.36 cents in Sy.No.260; Ac.0.86 Vt. cents in Sy.No.262; Ac.0.25 cents in Sy.No.310; Ac.0.40 cents in Sy.No.311: Ac.0.30 cents in Sy.No.314/1; Ac.0.31 cents in Sy.No.353; Ac.0.64 cents in Sy.No.360; Ac.0.08 cents in Sy.No.372/1 and Ac.0.76 cents in Sy.No.373/1 of Mudumala Gram Panchayat, Chinnayapalli, B. Mattam Mandalj, YSR Kadapa District and paying compensation for the lands acquired under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as ‘the Act’). 2. Fleard Sri P. Venugopal,
learned counsel for the petitioner, and Sri G. Divya Theja, learned Assistant Government Pleader for Revenue, appeared for respondents 1 to 10 and Sri S.S. Varma, learned Deputy Solicitor General, appeared for respondent No. 11.
3.
Learned counsel for the petitioner would submit that respondent No.6 issued notice on 28.12.2024 (Ex.P4) to survey on 07.01.2025. Flowever, the survey has not been conducted so far.
4. Learned Assistant Government Pleader for Revenue submitted the instructions of the Joint Collector. As seen from the instructions, it was pleaded that a re-survey of lands is still going on and it will be completed by following due process. In respect of compensation, it was pleaded that the competent authority is taking steps to determine and pay compensation under the Act., ^
SRS.J W.P.No. 16242 of 2025
5. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of at the stage of admission with the consent of both the learned counsel, directing respondents 6 to 8 to complete survey in respect of the aforementioned properties, within eight (08) weeks, from the date of receipt of a copy of the order. Based on the survey report, the respondent authorities shall consider the payment of compensation, if any, payable to the petitioner. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed.
Sd/- N“NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// ECTION OFFICER To,
1. The Principal Secretary, State of Andhra Pradesh, Revenue Department, Secretariat, Secretariat Bulidi
2. The District Collector, Kadapa, YSR Kadapa District.
3. The Land' Acquisition Officer/Joint Collector, Kadapa, YSR Kadapa District
4. The Revenue Divisional Officer, Badvel Revenue Division District.
5. The Tahsildar, B. Mattam, YSR Kadapa District.
6. The District Surveyor, Revenue Department, YSR Kadapa District.
7. The Deputy Inspector, Revenue Department, Badvel, YSR Kadapa District. \ / nn I nri t r uis rri/^T Cl i\^i. I I YSR Kadapa
8. The Mandal Surveyor, B. Mattam, YSR Kadapa District
9. The Village Surveyor, Sachivalaya Mandal, YSR District
10. The Village Revenue Officer, Mudamala, District. Mudamala Village, B. Mattam m B. Mattam Mandal, YSR
11. The Chairman, National Highways Authority of India, G5 and G6 and 6 Sector, Dwarka, New Delhi.
12. One CC to SRI PENJURI VENUGOPAL Advocate [OPUC]
13. Two CCs to GP FOR REVENUE High Court of Andhra
14. Two CCs to GP FOR LAND ACQUISITION Pradesh [OUT]]
15. One CC to DEPUTY SOLICITOR GENERAL OF Andhra Pradesh
16. Two CD Copies Pradesh [OUT] High Court of Andhra INDIA, High Court of gsg
HIGH COURT DATED: 21/07/2025
ORDER WP NO. 16242 OF 2025 ANDH^ g 18 SEP /025 ^ Current Section ^ %4£espATcW€S^ m f' DISPOSING THE WP WITHOUT COSTS