IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI . (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 17866 OF 2022 'li >. A U, \0 Ktl Hi? ^ f \V"' \W'' *^“.1 Between: Ravi Rama Mohana Rao, S/o.Sri Ravi Bavaji Mastan Rao, Hindu, aged 50 years, Occ: Business, R/o. Door No.25-2-57, R.Agraharam, Guntur City, Guntur District, Andhra Pradesh ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, A. P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Guntur District, Guntur, Andhra Pradesh 3. The Competent Authority (LA) & The Revenue Divisional Officer, Guntur, Andhra Pradesh 4. The Competent Authority (LA) & Sub Collector, Tenali, Guntur District, Andhra Pradesh. 5. The TahsHdar, Mangalagiri, Guntur District, AP 6. Navayuga Engineering Company Limited, Venkatapalem Village, Thullur Mandal, Guntur District, Andhra Pradesh Rep. by its Managing Director ...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, order or direction one in the nature of writ of Mandamus declaring the inaction of the Respondents 2 to 5 in payment of compensation to the petitioner for his land namely plot No. 171 measuring 192 Sq.yards in Sy.No.39/1 of Chinakakani Village, Mangalagiri Mandal, Guntur District. AP acquired per L.A. Award No.06/2013/NH Dt. 12-08-2013 passed by the 3'^^ Respondent despite his 19-01-2022 and the construction as representation dt. now being made on his land by the unofficial respondent no.6 are arbitrary and illegal and in violation of the procedure prescribed under Sec. 11 to 30 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-Settlement Act, 2013 and violative of Art.SOOA of the Constitution of India and pay compensation of consequently direct the Respondents 1 to 5 to Rs.60,00,000/- which is the prevailing market price of the land and the Respondent No.6 not to proceed with further construction compensation is paid to him. on the land till the lA NO: 1 OF 2077 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may bd pleased to direct the respondent no.6 not to make further construction Plot No. 171 on measuring 192 Sq.yards in Sy.No.39/1 of Chinakakani Village, Mangalagiri Mandal, Guntur District, AP pending disposal of the above writ petition. Counsel for the Petitioner: SRI SUREPALLI PRASHANTH Counsel for the Respondent Nos.1 to 5: GP FOR LAND ACQUISITION Counsel for the Respondent No.6: SRI GINJUPALLI SUBBA RAO The Court made the following: ORDER APHC010300532022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] THURSDAY ,THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 17866/2022 Between: Ravi Rama Mohana Rao ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: ...RESPONDENT{S) 1.SUREPALLI PRASHANTH Counsel for the Respondent(S): 1.GP FOR LAND ACQUISITION 2.GINJUPALLI SUBBA RAO The Court made the following order: Aggrieved by the action of the respondents in not paying compensation to the petitioner for his land in Plot No. 171 admeasuring 192 Sq.yards in Sy.No.39/1 situated in Chinakakani Village, Mangalagiri Mandal, Guntur District, acquired under L.A. Award NO.06/2013/NH dated 12.08.2013 passed by 3 rd respondent, despite the representation made by the petitioner on 19.01.2022, the present writ petition is filed. Heard Sri S.Prashanth, learned counsel for the petitioner and learned Assistant Government pleader for official respondents. 2. f 3. Learned counsel for the petitioner while reiterating the contents of the affidavit contended that, the petitioner purchased the subject land under registered sale deed in the year 2020 and he is in possession and enjoyment of the same. He further submitted that, in the month of December, 2021, the 6^^ respondent started construction in the petitioner's land and when enquired, it was informed that the subject land has been acquired for the purpose of forming National Highway Road. nd Immediately, the petitioner made a representation to the 2 respondent on 19.01.2022 requesting for payment of compensation for his acquired land. Upon the same, the 2''^ respondent-District Collector addressed a letter to the 4^*^ respondent (the Competent Authority LA and Sub-Collector, Tenali) to enquire into the same and submit compliance report. Inspite of the same, the compensation was not paid to him. affecting the rights of the petitioner guaranteed under the Constitution. As such filed the present writ petition and prayed to pass appropriate orders protecting the interest of the petitioner. On the other hand, learned Assistant Government Pleader on counter 4. submitted that, the respondents have passed the LA award vide Award No.06/2013/NH dated 12.08.2013 by following the provisions of National Highways Act, 1956 and the compensation amount was deposited by the Project Director (PD), NHAI, Vijayawada in the joint account of CALA & RDO, Guntur & PD, NHAI, PIU, Vijayawada, on 04.11.2013 and the possession was handed over on 20.01.2014 by competent authority to the Project Director, NHAI, Vijayawada for execution of NH extension of 6 lane work. He further contended that, the petitioner has purchased the subject land in the year 2020, i.e., after passing of the LA award, as such there is no possibility for issuance of notice to him. In fact, the vendor of the petitioner also failed to appear rd rd respondent during the LA award enquiry conducted by the 3 before the 3 respondent at the Tahsildar's office, Mangalagiri on 18.01.2013. Had he appeared and brought to the notice of the 3*^^ respondent, he could have passed the lA award in favour of the petitioner after enquiry with respect to subject land. As such petitioner's name could not be figured in the LA award. Further, he would contend that, upon the representation made by the petitioner, the TahsildarCS^*^ respondent) has submitted a report vide Rc/EDT/198/2022 dated 04.04.2022 in which 160.5 Sq.mtrs in plot no.l71A was also covered under L.A for National Highways belongs to the petitioner. In fact, an endorsement dated 16.06.2022 was issued to the petitioner requesting to produce certain documents, but the petitioner attended the office of GALA & Sub Collector, Tenali on 18.06.2022 In the said without the documents as requested in the said endorsement, circumstances, the petitioner cannot find fault with the officials and in view of the same, the writ petition is misconceived, devoid of merits and liable to the dismissed and accordingly prayed to dismiss the writ petition. Perused the record and considered the submissions made by both the learned 5. counsel. It is not in dispute that the subject land is under acquisition and L.A. award 6. was also passed vide Award No.06/2013/NH dated 12.08.2013 and the petitioner has purchased the subject land in the year 2020 under registered sale deed. The main grievance of the petitioner is that inspite of making representation dated 19.01.2022, the authorities have not paid compensation to him. Whereas, the counter of the 4 respondent speaks that, pursuant to the said representation, an endorsement has been issued to the petitioner duly asking him to submit certain documents but it seems th that petitioner has not produced the required documents, as such his case could not be considered by the authorities. Moreover, the petitioner has never admitted that he has furnished the required documents as sought by the authorities in the endorsement. In the said circumstances, as rightly contended by the learned Assistant Government Pleader, the petitioner cannot find fault with the authorities for not paying compensation to him. Be that as it may, considering the fact that the petitioner had not submitted 7. the required documents as sought in the endorsement, the writ petition is disposed of giving liberty to the petitioner to submit all the required documents, in support of his claim, as sought by the respondent authorities in the endorsement dated 16.06.2022 within two (02) weeks from the date of receipt of copy of this order. On such submission, the authority concerned shall consider and dispose of the same, in accordance with law, as expeditiously as possible, not later than three (03) months, thereafter. No order as to costs. Pending miscellaneous applications, if any, in this petition, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, A. P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector Guntur District, Guntur, Andhra Pradesh 3. The Competent Authority (LA) & The Revenue Divisional Officer, Guntur, Andhra Pradesh 4. The Competent Authority (LA) & Sub Collector, Tenali, Guntur District, Andhra Pradesh 5. The Tahsildar, Mangalagiri, Guntur District, AP 6. The Managing Director, Navayuga Engineering Company Limited, Venkatapalem Village, Thullur Mandal Guntur District, Andhra Pradesh. 7. One CC to Sri Surepalli Prashanth, Advocate [OPUC] 8. One CC to Sri Ginjupalii Subba Rao, Advocate[OPUC] 9. Two CCs to GP for Land Acquisition, High Court of Andhra Pradesh. [OUT] 10. Three CD Copies. ssb f HIGH COURT DATED:06/03/2025 ORDER g 2 5 ?C?5 ^ . Curreni Section WP.No.17866 of 2022 DISPOSING OF THE W.P. WITHOUT COSTS