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High Court of Andhra Pradesh · body

2025 DAILYLAW 19924 (AP)

Pentakota Appala Naidu, v. The State of Andhra Pradesh,

WP/14040/2025 · 2025-05-28

Harinath N

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY NINETH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 14040 OF 2025 Between: Pentakota Appala Naidu, son of the late Venkatapparo. Hindu, cultivation Munagapaka Village and Mandal, Anakapaile Dist. 531033. 1. 2. Pentakota Atchen Naidu. son of the late Appala Naidu. Hindu, business aged 72 years, r/o H.No. 1-179, Main Road, old SBI building, Munagapaka village and Mandal. Anakapalli district 531033. ^ '’®9annadham Naidu, son of the late Appala Naidu, Hindu retired headmaster, aged 78 years, r/o 1-179, Main Road, Munagapaka village and Mandal, Anakapalli district 531033.' old SBI building 4. Kolluru Venkata Jagannadharao, business, aged 66 years, r/o H-No. son of Sri Ramamurthy. Hindu, 12-149 Annadanupu Vari Street,’ Ohodavaram, Chodavaram Mandal, Anakapaile District, 531036 , A.P. 5. Pentakota Chellaratnam, w/o the late Ramu, Hindu, housewife, aged 58 years, r/o H No. 1-172, Main Road, Near Sivalayam Temple, Munagapaka Village and Mandal, Anakapaile Dist. 531033. ^ Srinivasa Rao, son of Ramana, Hindu, cultivation, aged 52 r/o H.No. 1-88-, Ramakovila Backside, Thimmarajupeta village Mandal. Anakapaile Dist. 531033. years, Munagapaka 7. Adari Srinivasa Naidu, son of the late Satyanarayana, Hindu, temporary employee in the milk society, aged 48 years, r/o H.No. 1-61, Main Road Munagapaka village and Mandal, Anakapaile Dist. 531033. 8. Adari Nageswara Rao, son of the late Nookanna, Hindu, cultivation, aged ' Mn Sivalayam temple Munagapaka Village and Mandal. Anakapaile Dist. 531033. Naidu, son of the late Seetharamulu, Hindu, cultivation, Munagapaka Village Mandal, Anakapaile Dist. 531033. ^ and - 10. Alla Jaggarao. son of the late Applanaidu, Hindu, cultivation, aged 63 years, r/o H.No. 6-11, Panchayat Street, Dogara Kora Peta, Munagapaka village and Mandal, Anakapalle Dist. 531033. 11. Villuri Jagannadha Rao, son of the late Jaganna, Hindu, cultivation, aged 56 years, r/o 6-31, Panchayat Street, Near Sachavalayam 2, Munagapaka village and Mandal, Anakapalle Dist. 531033. 12; Kandregula Lakshmi, w/o the late Baburao, Hindu, housewife, aged 74 years, r/o H.No. 1-74, Main Road, Near M.R.O. Office, Munagapaka Village and Mandal, Anakapalle Dist. 531033. 13. Doddi Naga Bhooshanam, son of the late Adiyya, Hindu, cultivation. Near Milk Society, aged 70 years, r/o H. No. 2-81, Main Road Thimmarajupeta Village, Munagapaka Mandal, Anakapalle Dist. 531033. 14. Saragadam Mahalakshmi Naidu, son of the late* Adinarayana, Hindu, cultivation, aged 68 years, r/o H. No. 1-112, Near Ramakovila, Thimmarajupeta Village and Mandal, Anakapalle Dist. 531033. 15 Doddi Apparao, son of Simhachalam, Hindu, cultivation, aged 44 years, r/o H. No. 1-26, Near Ramayalayam Temple, Thimmarajupeta, Munagapaka Mandal, Anakapalle Dist. 531033. 16. Doddi Mahalaxmi Naidu, son of the late Adiyya, Hindu, cultivation, aged 63 years, near Ramalayam Street, Ward No. 2, Thimmarajupeta Village, Munagapaka Mandal, Anakapalle Dist. 531033. ? I i t 17. Doddi Chandra Rao, son of Mahalkshmi Niadu, Hindu, cultivation, aged | 43 years, r/o H. No. 2-69, Near Milk Society, Main Road, Thimmarajupeta ij village, Munagapaka Mandal, Anakapalle Dist. 531033. | i I 18. Malla Appala Naidu, son of Malla Nookunaidu, Hindu, cultivation, aged 48 years, r/o H. No. 2-119, Thimmarajupeta Village, Munagapaka Mandal, Anakapalle Dist. 531033. 19. Malla Ramarao, son of the late Polinaidu @ Polayya, Hindu, cultivation, aged 74 years, r/o H. No. 1-54, Main Road, Thimmarajupeta village, Munagapaka Mandal, Anakapalle Dist. 531033. A 20 Malla Narsinga Rao, son of the late Chinna Kannayya, Hindu, cultivation, aged 76 years. Ward No. 8, Thimmarajupeta Village, Munagapaka Mandal, Anakapalle Dist. 531033. i ^ 5 Boddeda Ramarao son of Ramunaidu, Hindu, cultivation, Main Road, Near Hanuman Temple, Thimmarjupeta village, Munagapaka Mandal, Anakapafle Dist. 531033. 22. Boddeda Jaggarao, son of the late Sreeramulu, Hindu, cultivation, H.No. 5-108, Panchayat Street, Munagapaka Village and Mandal, Anakapalle Dist 531033. 23. Yellapu Narsimha Venkata Thrinadharao, son of Venkataramana, Hindu, cultivation, aged 44 years, r/o Ramakovila Veedhi. Village, Munagapaka Mandal, Anakapalle Dist. 531033. Saragadam Govinda Tulasirao, son of the late Suryanarayana, Hindu, cultivation, aged 48 years, r/o H. No. 1-14, Library Street, Thimmarajupeta Village, Munagapaka Mandal, Anakapalle Dist. 531033. Thimmarajupeta 24. 25. Saragadam Venkata Jagannadharao, son of the late Suryana*rayana, Hindu, cultivation, aged 51 years. r/o H. No. 1-14, Library Street, Thimmarajupeta Village, Munagapaka Mandal, Anakapalle Dist. 531033. 26 Saragadam Chandra Venkata Mahalkshmi Naidu, son of Venkata Suri Apparo. Hindu, cultivation, aged 38 years, r/o H. No. 1-174, Backside of the Ramakovela, Thimmarajupeta Village, Munagapaka Mandal, Anakapalle Dist. 531033. 27. Saragadam Adilakshmi, w/o Venkata Suri Apparao, Hindu housewife aged 73 years, r/o H. No. 1-174, Backside of the Ramakovela Thimmarajupeta Village, Munagapaka Mandal, Anakapalle Dist. 531033. 28. Doddi Apparao, son of Simhachalam, Hindu, cultivation, aged 44 years, r/o H. No. 1-28, near Ramakovela, Thimmarajupeta Village, Munagapaka Mandal, Anakapalle Dist. 531033. 29. Polimera Ramavenkataramana, s/o late Appalanaidu, Hindu, Cultivation aged 56 years, r/o H.No.1-199, Main Road, Near SBI, Munagapaka Village and Mandal, Ankapalli District, Andhra Pradesh. 30. Durga Naga Venkata Ramanayya, s/o Durga Ramakrishna Rao Hindu business, aged 48 years, r/o H.No. 2-162, Main Road Mill, J.p. Agraharam, Anakapalle Dist. 531001. 31. Saragadam Abbainaidu, son of Appalanaidu, Hindu, cultivation, aged 49 years, r/o H. No. 1-75, Thimmarajupeta village, Munagapaka’ Mandal Anakapalle Dist. 531033. Opp. Prakash Saw 6 32.. Saragadam Nagamani, w/o Abbainaidu, Hindu, housewife, aged 47 years, r/o H. No. 1-75, Thimmarajupeta village, Munagapaka Mandal, Anakapalle Dist. 531033. X-v 33. Doddi Apparao, son of the late Adiyya, Hindu, cultivation, aged 66 years, Hindu, cultivation, r/o H.No. 1-44. Thimmarajupeta village, Munagapaka Mandal, Anakapallem Dist. 531033. K. Chandra Rao, S/o. Late Surya Narayana, aged 70 years, R/o. 1- 74(4), Main Road. Munagapaka, Munagapaka Mandal, Anakapalli District- 531033. Ward No.2 Main Road, 34. 35. Doddi Sriramulu, S/o. Nagabhushanam, aged 42 years, R/o. Thimmarajupeta, Munagapaka Mandal, Anakapalli District-531033. 36. Pentakonta Ramu, S/o. Late. Lima Maheswararao, aged 61 years, R/o. Seetharamaraju Nagar, Gopalapatnam * Mandal, Visakhapatnam, VisakhapatnamDistrict. ...Petitioners AND The State of Andhra Pradesh, Represented by its Principal Secretary [Revenue Department], Secretariat Buildings at Velagapudi, Guntur District, Andhra Pradesh. 1. 2. The District Collector, Anakapalli District, Andhra Pradesh. The Revenue Divisional Officer, Anakapalli, Anakapalli District, Andhra 3. Pradesh. The Tahsildar, Munagapaka Mandal, Anakapalli District, Andhra 4. Pradesh. The Road & Buildings Department, Anakapalli Division, Represented by its Executive Engineer, Anakapalli, Anakapalli District, Andhra Pradesh. ...Respondent/s 5. t y 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 Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 3 to 4 herein in interfering with the peaceful possession and enjoyment of the lands of the petitioners situated at Munagapaka, Nagulapalli, Thimmarajupeta and J.P. Agraharam Villages of Munagapaka Mandal, Anakapalli District, Andhra Pradesh which were notified in the notification in RC No. 27/2016/G3 dated 02.12.2022 for widening of the road on the request of the 5*'^ respondent without following procedure contemplated under the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013) as illegal, arbitrary and also oppose to Article 300-A of the Constitution of India consequentially direct the respondents more particularly the respondents 2 to 4 herein not to interfere with the respective properties of the petitioners situated at Munagapaka, Nagulapalli, Thimmarajupeta and J.P. Agraharam Villages of Munagapaka Mandal, Anakapalli District, Andhra Pradesh which were notified in the notification in RC No. 27/2016/G3 dated 02.12.2020. 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 more particularly the respondents 2 to 4 herein not to interfere with the respective properties of the petitioners situated at Munagapaka, Nagulapalli, Thimmarajupeta and J.P. Agraharam Villages of Munagapaka Mandal, Anakapalli District, Andhra Pradesh which were notified in the notification in RC No. 27/2016/G3 dated 02.12.2020 pending disposal of the above writ petition. Counsel for the Petitioner: SRI V. SAI KUMAR Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: GP FOR ROADS AND BUILDINGS The Court made the following: ORDER APHC010278772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY .THE TWENTY NINETH DAY OF MAY TWO THOUSAND AND TWENTY FIVE [0] PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 14040/2025 Between: Pentakota Appala Naidu, and Others AND The State Of Andhra Pradesh and Others...RESPONDENT(S) Counsel for the Petitioner{S): 1.VSAI KUMAR ...PETITIONER(S) Counsel for the Respondent{S): 1.GP FOR ROADS BUILDINGS 2.GP FOR REVENUE The Court made the following: V w THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 14040 OF 2025 ORDER: Learned counsel for the Petitioners submits that the petitioners are in possession and enjoyment of various extents of land which are abutting the road and the respondents vide a notification issued in the year 2022 proposed to acquire the lands of the petitioners, however, the notification was issued. The some of the affected parties have filed W.P.No.151 of 2025 and this Court vide order dated 23.01.2025 disposed of the writ petition at the admission stage recording the written instructions of the Government Pleader appearing for the revenue department that the respondents shall follow the guide lines of G.O.Ms.No.562 Revenue (L.A) Department dated 13.11.2018. The learned counsel for the petitioner further submits that in the event the respondents adhere to the guidelines of G.O.Ms.No.562, the petitioners have no objection for parting with their land subject to respondents complying with the guidelines. 2. L'uJdfiSS 2 HN, J W.P.No.l4040_2025 The learned Government Pleader appearing for the respondents clearly concedes that the government is willing to comply with the directions of G.O.i\/ls.No.562. 3. Recording the same, this writ petition is disposed of, directing the respondents to comply with the guidelines of G.O.Ms.No.562 Revenue (L.A) Department dated 13.11.2018. There shall be no order as to costs. 4. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- M SRINIVAS ASSISTANT^ REGISTRAR //TRUE COPY// S ECTTOT^^O F FI C ER To, Principal Secretary, Revenue Department, State of Andhra Secretariat Buildings at Velagapudi, Guntur District, Andhra 1. The Pradesh, Pradesh. 2. The 3. The Revenue Pradesh. District Collector, Anakapalli District, Andhra Pradesh. Divisional Officer, Anakapalli, Anakapalli District, Andhra Tahsildar, Munagapaka Mandal, Anakapalli District, Andhra Pradesh. 5. The Road and 4. The Buildings Department, Anakapalli Division, Represented by its Executive Engineer, Anakapalli, Anakapalli District, Andhra Pradesh. 6. One CC to Sri V. Sai Kumar, Advocate [OPUC] 7. Two CCs to GP for Revenue, 8. Two CCs to GP Pradesh. [OUT] 9. Three CD Copies. High Court of Andhra Pradesh. [OUT] for Roads and Buildings, High Court of Andhra ssb HIGH COURT DATED:29/05/2025 Qlr Af'aDf ■0^ ORDER WP.No.14040 of 2025 W (to/; O 3 0 MAY 2025 rf? ■fa; I t3_ ^/7 DISPOSING OF THE W.P. WITHOUT COSTS