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2025 DAILYLAW 26271 (AP)

S PALAKSHMI v. THE STATE OF AP

WP/18811/2025 · 2025-07-23

Subba Reddy Satti

body2025

Judgment text

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APHC010370302025 IN THE HIGH COURT OF ANDHRA PRAD AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18811 OF 2025 Between: Smt.S. Palakshmi, W/o. S.Subhash Chanda, age about 40 years, Occ; Cultivation, R/o. D.No.3/22, Motlapalli Village, Gonumakulapalle , Chittoor District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Land Acquisition) Department, Secretariat Buildings, Velagapudi, Amaravathi. 2. The District Collector, Chittoor District at Chittoor. 3. The Revenue Divisional Officer/Land Acquisition Officer, (Green Field Airport), Kuppam Revenue Division, Kuppam, Chittoor District. 4. The Tahsildar, Ramakuppam Mandal, Ramakuppam, Chittoor District. 5. The Andhra Pradesh Airports Development Corporation Limited, Rep. by its Managing Director, Mangalagiri, Guntur District. ...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 or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in non-payment of compensation along with other benefits, for acquiring the petitioners land to an extent of Ac.02- 15 cents in Sy.No.415/5, situated at Manendram Village, Ramakuppam Mandal, Chittoor District, under Land Acquisition for development of Green Field Airport at Kuppam, and trying to pay the same to the 3rd parties, as illegal, arbitrary and violation of principles of natural justice and in violation of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and consequently direct the respondents to pay the compensation along with other benefits to the petitioner, for acquiring the petitioners land to an extent of Ac.02-15 cents in Sy.No.415/5, situated at Manendram Village, Ramakuppam Mandal, Chittoor District. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents not to disburse the compensationamount to any third parties in respect of the petitioner's land to an extent of Ac.02-15 cents in Sy.No.415/5, situated at Manendram Village, Ramakuppam Mandal, Chittoor District, pending disposal of the above writ petition. Counsel for the Petitioner: SRI K. V. L. NARASIMHA RAO Counsel for the Respondent No.1 : GP FOR LAND ACQUISITION Counsel for the Respondent Nos.2 to 4 : GP FOR REVENUE Counsel for the Respondent No.5 : NONE APPEARED The Court at the stage of admission made the following order: APHC010370302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] H THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18811/2025 Between: 1.S PALAKSHMI, W/0 S.SUBHASH CHANDA, AGE ABOUT 40 YEARS. OCC CULTIVATION, R/0 D.NO.3/22, MOTLAPALLI GONUMAKULAPALLE. CHITTOOR DISTRICT. VILLAGE, ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (LAND ACQUISITON) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2.THE DISTRICT COLLECTOR, CHITTOOR DISTRICT AT CHITTOOR. 3.THE REVENUE DIVISIONAL OFFICER/LAND OFFICER, (GREEN FIELD AIRPORT), DIVISION, KUPPAM, CHITTOOR DISTRICT. ACQUISITION KUPPAM REVENUE 4. THE TAHSILDAR, RAMAKUPPAM MANDAL CHITTOOR DISTRICT. RAMAKUPPAM, 5.THE ANDHRA PRADESH AIRPORTS DEVELOPMENT CORPORATION LIMITED, REP. BY ITS MANAGING DIRECTOR, MANGALAGIRI, GUNTUR DISTRICT ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in th.e circumstances stated in the affidavit filed therewith, the High Court may be W.P.No , S pleased topleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in non-payment of compensation along with other benefits, for acquiring the petitioners land to an extent of Ac.02- 15 cents in Sy.No.415/5, situated at Manendram Village, Ramakuppam Mandal, Chittoor District, under Land Acquisition for development of Green Field Airport at Kuppam, and trying to pay the same to the 3rd parties, as illegal, arbitrary and violation of principles of natural justice and in violation of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and consequently direct the respondents to pay the compensation along with other benefits to the petitioner, for acquiring the petitioners land to an extent of Ac.02-15 cents in Sy.No.415/5, situated at Manendram Village, Ramakuppam Mandal, Chittoor District and to 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 pleased to direct the respondents not to disburse the compensation amount to any third parties in respect of the petitioner's land to an extent of Ac 02-15 cents in Sy.No.415/5, situated at Manendram Village, Ramakuppam Mandal Chittoor District, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1.K VL NARASIMHA RAO Counsel for the Respondent(S): 1.GP FOR LAND ACQUISITION 2.GP FOR REVENUE The Court made the following: pass :: ORDER :: Heard Sri KVL Narasimha Rao, learned counsel for the petitioner and Sri Divya Teja, learned Assistant Government Pleader for Land Acquisition respondents 1 to 4. for SRS,J W.P No 18811 of 2025 %. 2 Learned counsel for the petitioner would submit that the petitioner is the absolute owner and possessor of land to an extent of Ac.2-15 cents in survey No.415/5, Manendram Village, Ramakuppam Mandal, Chittoor District. The then Tahsildar issued D-form patta vide AM No.727/4/1417 dated 03.11.2007 (Ex.P2) and assigned the land to the petitioner. The revenue authorities issued a pattadar passbook vide patta No. 1001 (Ex.P5). The name of the petitioner is updated in the Records of Rights. Form-1 B (ROR) and adangal/pahani are filed as Exs.P6 and P7. 3. Learned counsel would further submit that the petitioner’s land and other lands in Manendram Village were resumed by the government to construct an airport in Kuppam. The respondent authorities awarded ex-gratia. The District Collector addressed letters vide ROC No.G5/5104/201 5 dated 05.06.2025 and 30.06.2025 (Exs.P4 and P3) to respondent No.5 detailing the names of the pattadars and the ex gratia payable to them. 4. Learned counsel for the petitioner would further submit that in Ex.P4, in respect of the aforementioned land in survey No.415/5, the name of one Munemma, W/o Govindaswami is mentioned and the petitioner’s name is not shown. He would further submit that the petitioner made a representation on 17.07.2025 (Ex.PI) to respondent No.2. Pending consideration, the petitioner’s representation, respondent No.3 is disbursing the amount. Learned Assistant Government Pleader for Land Acquisition, on instructions, while not disputing the representation made by the petitioner on 17.07.2025 (Ex.PI) to respondent No.2, would submit that respondent No.2 will consider the petitioner’s representation and pass appropriate orders. 5. 6. Given the facts and circumstances of the case, this writ petition is disposed of at the admission stage, with the consent of learned counsel on either side directing learned respondent No.2 to consider the petitioner’s representation dated 17.07.2025 regarding the claim of Ac.2-15 cents in W.P No 18b, survey No.415/5, Manendram Village, Ramakuppam Mandal, Chittoor District and pass appropriate orders, strictly as per law, as expeditiously as possible preferably in two months from the date of receipt of the copy of the order. Till a decision is arrived at, learned respondent No.3 shall not disburse the amount in respect of the subject land. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. //TRUE COPY// Sd/- U.SRi DEV! ASSISTANT REGISTRAR SECTION OFFICER To, 1. The Principal Secretary, Revenue (Land Acquisition) Department, Secretariat Buildings, State of Andhra Pradesh, Velagapudi, Amaravathi. 2. The District Collector, Chittoor District at Chittoor. 3. The Revenue Divisional Officer/Land Acquisition Officer, (Green Field Airport), Kuppam Revenue Division, Kuppam, Chittoor District. 4. The Tahsildar, Ramakuppam Mandal, Ramakuppam, Chittoor District. 5. The Managing Director, Andhra Pradesh Airports Development Corporation Limited, Mangalagiri, Guntur District. 6. One CC to Sri K. V. L. Narasimha Rao, Advocate [OPUC] 7. Two CCs to GP for Land Acquisition, High Court of Andhra Pradesh [OUT] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 9. Two CD Copies Cnr Li f HIGH COURT DATED:24/07/2025 ORDER WP NO. 18811 OF 2025 2 0 SEP 2025 rrentSectio^x^^ C3 t o>' O TQ DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS