APHC010310302020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] THURSDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 20535/2020 Between: 1. SIMMA BHANUMATHI,, W/O LATE CHINNABABU, AGED 68 YEARS, OCC CULTIVATION, R/O MAKIVALASA WAGE, JALUMURU MANDAL, SRIKAKULAM DISTRICT. 2. SIMMA BUCHIBABU,, S/O LATE RAMAMURTHY, AGED 69 YEARS, OCC CULTIVATION, R/O MAKIVA0ASA VILLAGE, JALUMURU MANDAL, SRIKAKULAM DISTRICT. ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAG SECRETARY TO GOVERNMENT, LAND ACQUISITION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. DISTRICT COLLECTOR, SRIKAKULAM DISTRICT. 3. REVENUE DIVISIONAL OFFICER, TEKKALI DIVISION, SRIKAKULAM DISTRICT. 4. TAHSILDAR, JALUMURU MANDAL, SRIKAKULAM DISTRICT. ...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, order or direction more particularly in the nature of WRIT OF MANDAMUS declaring the action of the respondents in insisting the petitioners to vacate from their lands admeasuring Ac. 0.09 cents in Survey No.151-18, Ac.0.08 cents in Survey No.151-17 belonged to the 1st petitioner and Ac. 0.49 cents in Survey No.151-18 and Ac. 0.08 cents in Survey No.151-17 belonged to the 2nd petitioner, situated in Parlam Village of Jalumuru Mandel of Srikakulam District and consequential action of the respondents in taking steps to allotment of house sites of the petitioners above said 2 land to the weaker sections under NAVARATNALU PEDLANDARIKI ILLU scheme without initiating proceedings under the provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as illegal, irregular, irrational, without any authority of law, violative of provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and rules framed thereunder and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to evict the petitioners from their said lands and not to distribute the petitioners said lands as house sites to the weaker sections and to pass IA NO: 1 OF 2020 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 not to dispossess the petitioners from their lands admeasuring Ac. 0.09 cents in Survey No.151-18, Ac.0.08 cents in Survey No.151-17 belonged to the 1st petitioner and Ac. 0.49 cents in Survey No.151-18 and Ac. 0.08 cents in Survey No.151-17 belonged to the 2nd petitioner, situated in Parlam Village of Jalumuru Mandal of Srikakulam District and consequently direct the respondents not to distribute the petitioners said lands as house sites to the weaker sections without following due process of law pending disposal of the above writ petition and pass IA NO: 1 OF 2021 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 vacate the interim order dt 05-11-2020 in WP. 20535/2020 and dismiss the writ petition Counsel for the Petitioner(S): 1. SRINIVAS AMBATI Counsel for the Respondent(S): 1. GP FOR REVENUE 3 The Court made the following Order: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for the respondents. 2. This writ petition was filed questioning the action of the respondents in insisting the petitioners to vacate from their lands admeasuring Ac.0.09 cents in Sy.No.151-18, Ac.0.08 cents in Sy.No.151-17 belonged to the 1st petitioner and Ac.0.49 cents in Sy.No.151-18 and Ac.0.08 cents in Sy.No.151-17 belonged to the 2nd petitioner, situated in Parlam Village of Jalumuru Mandal, Srikakulam District and consequently action of the respondents in taking steps to allot house sites to the weaker sections under Navaratnalu Pedalandariki Illu Scheme in above said lands of the petitioners without initiating proceedings under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 3. On the other hand, the learned Assistant Government Pleader relying upon the counter of the 4th respondent submits that so far as Sy.No.151-17 is concerned, it is a zeroyathi wet land and the subject extent of the land in the other survey number belongs to the 2nd petitioner and it was not proposed for the above said public purpose of housing scheme. But so far as the Sy.No.151-18 is concerned, it is a government land and earlier allotted to 21 beneficiaries under the social 4 welfare department under land acquisition but subsequently, in the year 2018 it was cancelled. The petitioners are not in possession of the subject land to an extent of Ac.0.09 cents in Sy.No.151-18 and 0.49 cents in Sy.No.151-18 of Parlam Village of Jalumuru Mandal, Srikakulam District. 4. In view of the above said facts and circumstances, the respondent Nos.2 to 4 are directed to deal with the subject property strictly in accordance with law if so warranted for any public purpose and the petitioners if they are otherwise found to be in possession of the same, they shall be dealt with strictly in accordance with law by giving due opportunity of hearing to all the parties concerned including the petitioners, upon verification of the records and the subject land, appropriate decision shall be taken on its own merits. Any dispossession shall not be made, except by following the due process of law. 5. Accordingly, the writ petition is disposed of. Interim order if any, deemed to have been vacated. There shall be no order as to costs. As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 18.09.2025 NNN