APHC010363622020 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: 24193/2020 Between: 1. MUVVA VENKATESWARA RAO,, S/O VENKATA RATNAM AGED ABOUT 52 YEARS, R/O KORUMAMIDI VILLAGE, NIDADAVOLU MANDAL, WEST GODAVARI DISTRICT. 2. MUVVA BALARAM,, S/O VENKATA RATNAM, AGED ABOUT 60 YEARS, R/O KORUMAMIDI VILLAGE, NIDADAVOLU MANDAL, WEST GODAVARI DISTRICT. 3. KORAKANCHI SRIDHAR,, S/O LATE SATYANARAYANA AGED ABOUT 33 YEARS, R/O KORUMAMIDI VILLAGE, NIDADAVOLU MANDAL, WEST GODAVARI DISTRICT. 4. GUMMAPU RAJENDRA PRASAD,, S/O LATE MUSALAIAH, AGED ABOUT 50 YEARS, R/O KORUMAMIDI VILLAGE, NIDADAVOLU MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP., BY THE PRINCIPAL SECRETARY, REVENUE (ASSIGNMENT) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT AT ELURU. 3. THE TAHSILDAR, NIDADAVOLU MANDAL, WEST GODAVARI 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 issue an appropriate writ, order or direction, more partially, one in the nature of writ of mandamus, to set aside the 3rd respondent's notice vide Roc. No. 612/2019/DT, dated 01-12-2020, issued U/s. 3 (2) of POT ACT, for evicting the petitioners land admeasuring an extent of Ac.0.25 cents, Ac.0.25 cents, Ac.0.50 cents 2 and Ac.0.55 cents respectively situated in Sy. No. 108/1 of Korumamidi Village, Nidadavolu Mandal, West Godavari District, for the purpose of assigning the same for the purpose of house site pattas under the scheme of NAVARATNALU PEDHALANDARAKI ILLU and paying compensation to the original assignee and not paying compensation to the petitioner is contrary to the provisions of Right to Fair Compensation Act, 2013., and the same is arbitrarily illegal, null and void, and violative of Article 14 and 300-A of Constitution of India and to issue consequential direction to pay compensation under the Right to Fair Compensation Act., 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 stay of all furthers proceedings in pursuance of the 3rd respondent notice, vide Roc. No. 612/2019/DT, dated 01-12-2020, issued to the petitioners land admeasuring an extent of Ac.0.25 cents, Ac.0.25 cents, Ac.0.50 cents and Ac.0.55 cents respectively situated in Sy. No. 108/1 of Korumamidi Village, Nidadavolu Mandal, West Godavari District, pending disposal of the above writ petition, and to 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 to vacate the interim orders Dt.17.12.2020 in WP No.24193 of 2020 and to pass Counsel for the Petitioner(S): 1. VENKATESWARA RAO GUDAPATI 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 notice vide Roc.No.612/ 2019DT, dated 01.12.2020 issued by the 3rd respondent under Section 3(2) of POT Act, for evicting the petitioners from land admeasuring to an extent of Ac.0.25 cents, Ac.0.25 cents, Ac.0.50 cents and Ac.0.55 cents respectively situated in Sy.No.108/1 of Korumamidi Village, Nidadavolu Mandal, West Godavari District, for the purpose of assigning the same to the house site pattas under the scheme of ‘Navaratnalu-Pedalandariki Illu’ and paying compensation to the original assignee and not paying compensation to the petitioners is contrary to the provisions of Right to Fair Compensation Act, 2013. 3. The learned counsel for the petitioners submits that aggrieved by the notice issued by the 3rd respondent dated 01.12.2020 under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007, this writ petition was filed. 4. On the other hand, the learned Assistant Government Pleader appearing for the respondents submits that if the petitioners submit their explanation, the same will be considered by the authorities concerned by following the due process of law. 4 5. In view of the above said facts and circumstances, the petitioners are permitted to submit their explanation to the notice of the 3rd respondent dated 01.12.2020 enclosing all the necessary documents in support of their claim within a period of four (4) weeks from the date of receipt of this order. Upon receipt of the said explanation from the petitioners, the 3rd respondent shall proceed with the necessary enquiry by hearing all the parties concerned including the petitioners, upon verification of the records and the subject lands, appropriate decision shall be taken on its own merits,s as expeditiously as possible preferably within a period of three (3) months thereafter. 6. Pending enquiry, there shall be an order of status quo as on today to be maintained with respect to the schedule land as mentioned in the above said impugned notice dated 01.12.2020. 7. The learned counsel for the petitioners submits that, the 1st petitioner died. In view of the same, it is open for the legal representatives of the 1st petitioner to submit their explanation to the above said impugned notice. 8. Accordingly, the writ petition is disposed of. There shall be no order as to costs. 5 As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 18.09.2025 NNN