APHC010378562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF JULy(S |f ® TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No: 1931.^ OF 2025 01^ A A mA.4 * Between: I.Viyyapu Krishna, S/o Viyyapu Venkiilu, aged 59 years, Agriculutre, R/o 4-25, Nald<apalem, Gurajapalem, Ramhilli Mandal, (Erestwhile Visakhapatnam ‘ District) Presently Ankapalli District. 2. Gadi Ganeswara Rao, S/o Bhusayya, aged 56 years, R/o S.E.Z. Colony, Dharapalem, Dibbapalem, Rajakonduru, Atchutapuram Mandal, (Erestwhile Visakhapatnam District) Presently Ankapalli District. ! 3.Lalam Srinivasa Rao, S/o Lalam Krishna, aged 40 years, Agriculture, H.No. 2- 26, Gurajapalem, Rambilli Mandal, (Erestwhile Visalchapatnam District) Presently Ankapalli District. 4. Neerukonda Ashok Kumar, $/o Neerukonda Veiikateswara Rao, aged 53 years. Advocate, S.E.Z. Colony, Dharapallem, Dibbapalem, Rajakonduru, Rambilli Mandal, (Erestwhile Visaldiapatnam. District) Presently Ankapalli District. 5. Jagarapu Srinivasa Rao, S/o Ramu Naidu, aged 40 years, R/o Villi Nayanammapalem, Duppituru, Rambilli Mandal, (Erestwhile. Visakhapatnam District) Presently Ankapalli District. 6. Panchadarla Clinchubabu, S/o Panchadarla Appanna, aged 61 years, R/o 2-42, Ramalayam Street, Gurajapalem, Rambilli Mandal, (Erestwhile Visakhapatnam District) Presently Ankapalli District. 7. Pilli Venlcataramana, S/o Pilli Appa Rao, aged 47 yeas, R/o S.E.Z. Colony, Dharapallem, Dibbapalem, Rajakonduru, Rambilli Visakhapatnam District) Presently Ankapalli District. 8. Lalam Sanyasi Rao, S/o Ramulu, aged 47 years, R/o H.No.4-88/A, S.E.Z. Colony, Dharapallem, Dibbapalem, Rajakonduru, Rambilli Mandal, (Erestwhile Visaldiapatnam District) Presently. Ankapalli District. Mandal, (Erestwhile ...Petit oner AND l.The State of Andhra Pradesh, Rep. by it's Principal Secretaiy, Revenue Department, Secretariat Buildings, Velagapudi Village, Tullur Mandal, Guntur District. ' 2. The District Collector, Anakapalli (Erstwhile Visaldiapatnam District),! ■ ■ /I ■ ■ ' Presently Anakapalli District. [ 3. Tjie Andhra Pradesh Industrial Infrastructure Corporation, (A State Government of Andhra Pradesh Undeitalcing with Corporate Office at APIIC Towdrs, Plot No.l, IT Park, Managalagiri, Guntur District, with Regd Office APIIC Limited, 5-9-58/B, 4'^ Floor, Parishrama Bhavan, Fateh Maidan Road, Basheerbagh, Hyderabad, Rep., its, Vice-Chairman & Managing Director. I 4. Thd APIIC, Zonal Office, Special Projects Zone, One Stop Service Certre, Atchutapuram, (Erstwhile Visakhapatnam District), Presently Anakapalli District. 5. The Anakapalli Revenue Divisional Officer, (Erstwhile Visakhapatnam District), Presently Anakapalli District. 6. The Tahsildar, Atchutapuram(Revene Mandal), (Erstwhile Visakhapatnam District), Presently Anakapalli District. ^ The Tahsildar, Rambilli (Revene Mandal), (Erstwhile Visakhapatnam District), Presently Anakapalli District. 8. The Village Revenue Officer, SEZ Colony, Dibbapalem, Rajakondum, Rambilh Mandal, (Erestwhile Visaldiapatnam District) Presently Ankapalli District. 9. The Special Deputy Collector for Land Acquisition(SDC-LA-APII C), (Erestwhile Visakhapatnam District) Presently Ankapalli District. at 7. 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 more in the nature of Mandamus declaring the action respondents particularly the respondents in trying to granting/assignment House Site Pattas by cutting Green Trees' in OPEN SPACE (item No.5) (as per the LAYOUTPLAN in Sy.No.1, 2, 3, 4, 5, 6, 7, 8, 13, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 47, 48, 49, 50, 51 of Rajkoduru Village, Rambilli Mandal, Sy.No.1 to 55 & 66 of Dibbapalem Village, Sy.No.204, 205, 217 to 227 of Vedumwada Village, Sy.No.127 to 153 of Marturu Village, Atchutapuram Mandal, Visakhapatnam District situated S.E.Z Colony at Dibbapalem, Atchutapuram Mandal, (Erestwhile Visakhapatnam District) Presently Anakapalli District afe illegal, arbitrary, without any Governmental Orders, Violation of Principals of Natural Justices, and also Violations Fundamental Rights, in violation of Green Belt . '.!V.- , Regulations and also Rehabilitation and resettlement schemes and consequently direct the respondents to levity Open Space as per the Layout Plan(item No.5) for growing Green Belt Area from saving the SEZ Colony Peoples health's from Pharmaceutical Industries Pollution. 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 Stop granting/assignment House Site Pattas iri OPEN SPACE (item No. 5) (as per the LAYOUT PLAN in Sy.No.1, 2, 3, 4, 5, 6, 7, 8, 13, 15, 16, 17, 18, 19, 20, 21. 22, 23, 24, 25, 26, 47, 48. 49, 50, 51 of Rajkoduru Village, Rambilli Mandal, Sy.No.1 to 55 & 66 of Dibbapalem Village, Sy.No.204, 205, 217 to 227 of Veduruwada Village, Sy.No. 127 to 153 of Marturu Village, Atchutapuram Mandal, Visakhpatanam District situated S.E.Z Colony, at Dibbapalem, Atchutapuram Mandal (Erestwhile Visakhapatnam District) Presently Anakapalli District by stopping the Cutting the Green Trees in, around the SEZ Colony pending disposal of the, above Writ Petition. Counsel for the Petitioners: SRI G.SIMHADRl Counsel for the Respondent Nos.1 to 5, 6 to 9: SRI G.DIVYA THEJA, ASST.GP FOR REVENUE Counsel for the Respondent Nos.3 & 4: SMT.SANTHI CHANDRA, SC FOR APIIC The Court made the following order: APHC010378562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] 2: ■Ji TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19313/2025 Between: 1.V1YYAPU KRISHNA, S/0 VIYYAPU VENKULU, AGED 59 YEARS, R/0 4-25 AGRICULUTRE NAKKAPALEM, GURAJAPALEM, RAMBILLI MANDAL, (ERESTWHILE VISAKHAPATNAM DISTRICT) PRESENTLY ANKAPALLI DISTRICT. 2.GADI GANESWARA RAO,, S/0 BHUSAYYA, AGED 56 YEARS, R/0 S.E.Z. COLONY, DHARAPALEM, DIBBAPALEM, RAJAKONDURU, ATCHUTAPURAM MANDAL, (ERESTWHILE VISAKHAPATNAM DISTRICT) PRESENTLY ANKAPALLI DISTRICT. 3.LALAM SRINIVASA RAO,, S/0 LALAM KRISHNA, AGED 40 YEARS, AGRICULTURE, H.NO. 2- 26, GURAJAPALEM, RAMBILLI MANDAL, (ERESTWHILE VISAKHAPATNAM DISTRICT) ANKAPALLI DISTRICT. PRESENTLY 4. NEERUKONDAASHOKKUMAR NEERUKONDAVENKATESWARARAO, AGED 53 YEARS, ADVOCATE, S.E.Z. COLONY, DHARAPALLEM, DIBBAPALEM, RAJAKONDURU, RAMBILLI MANDAL, (ERESTWHILE VISAKHAPATNAM DISTRICT) PRESENTLY ANKAPALLI DISTRICT. 5.JAGARAPU SRINIVASA RAO,, S/0 RAMU NAIDU, AGED 40 YEARS, R/0 VILLI NAYANAMMAPALEM, DUPPITURU, RAMBILLI MANDAL, (ERESTWHILE- VISAKHAPATNAM DISTRICT) PRESENTLY ankapalli’district. S/0 i 1 6.PANCHADARLA CHNCHUBABU,, S/0 PANCHADARLA APPANNA AGED 61 YEARS, R/0 2-42, RAMALAYAM STREET, SRS.Jli W.P.No.19313 of 2025 1 GURAJAPALEM, RAMBILLI MANDAL, (ERESTWHILE VISAKHAPATNAM DISTRICT) PRESENTLY ANKAPALLI DISTRICT. 7.PILLI VENKATARAMANA,, $/0 PILLI APPA RAO, DHARAPALLEM, MANDAL. AGED 47 YEAS, DIBBAPALEM, (ERESTWHILE VISAKHAPATNAM DISTRICT) PRESENTLY ANKAPALLI DISTRICT. R/0 S.E.Z. COLONY, RAJAKONDURU RAMBILLI 8.LALAM SANYAS I RAO H.N0.4-88/A, S.E.Z. RAJAKONDURU, VISAKHAPATNAM DISTRICT) PRESENTLY ANKAPALLI DISTRICT. S/0 RAMULU, AGED 47 YEARS, R/0 COLONY, DHARAPALLEM, DIBBAPALEM, RAMBILLI MANDAL, (ERESTWHILE ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY IT'S PRINCIPAL SECRETAIY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, TULLUR MANDAL, GUNTUR DISTRIC^T. 2.THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT), DISTRICT. ANAKAPALLI (ERSTWHILE PRESENTLY ANAKAPALLI 3.THE ANDHRA PRADESH INDUSTRIAL INFRASTRUCTURE CORPORATION, (A STATE GOVERNMENT OF ANDHRA PRADESH UNDERTAKING WITH CO-PORATE OFFICE AT APIIC ^ PLOT NO.I, IT PARK, MANAGALAGIRI, GUNTUR DISTRICT REGD OFFICE AT TOyVERS, _ - . WITH 5-9-58/B, 4TH FLOOR, BASHEERBAGH, VICE-CHAIITNAN AND MANAGING APIIC LIMITED, PARISHRAMA BHAVAN, FATEH MAIDAN ROAD HYDERABAD, REP. ITS, DIRECTOR. 4.THE APIIC, ZONAL OFFICE, SPECIAL PROJECTS ZONE, ONE STOP ATCHUTAPURAM, PRESENTLY SERVICE CERTRE, VISAKHAPATNAM DISTRICT), DISTRICT. 5.THE ANAKAPALLI REVENUE DIVISIONAL OFFICER (ERSTWHILE VISAKHAPATNAM DISTRICT. (ERSTWHILE ANAKAPALLI DISTRICT) PRESENTLY ANAKAPALLI ’age 3 of 7 SRS,J W.P.No.19313 of 2025 ATCHUTAPURAM(REVENE MANDAL), DISTRICT), PRESENTLY 6.THE TAHSILDAR, (ERSTWHILE VISAKHAPATNAM ANAKAPALLI DISTRICT. 7.THE TAHSILDAR, RAMBILLI (REVENE MANDAL), (ERSTWHILE VISAKHAPATNAM DISTRICT. DISTRICT), PRESENTLY ANAKAPALLI 8.THE VILLAGE REVENUE OFFICER, SEZ COLONY, DIBBAPALEM, RAMBILLI MANDAL, (ERESTWHILE RAJAKONDURU VISAKHAPATNAM DISTRICT) PRESENTLY ANKAPALLI DISTRICT. 9.THE SPECIAL DEPUTY COLLECTOR FOR LAND ACQUISITIONSDCLAAPIIC, (ERESTWHILE VISAKHAPATNAM DISTRICT) PRESENTLY ANKAPALLI DISTRICT. ; ...RESPONDENT(S): F^etition 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 more in the nature of Mandamus declaring the action respondents particularly the respondents in trying to granting/assignment House Site Pattas by cutting Green Trees' in OPEN SPACE LAYOUTPLANinSy.No.1,2,3,4,5,6,7,8,13,15,16,17,18,19,20,21,22,23, 24,25,2 6,47,48,49,50,51 ofRajkoduru Village, Rambilli Mandal, Sy. No. 1 to 55, and 66 of Dibbapalem Village, Sy. No. 204, 205, 217 to 227 of Vedumwada Village, Sy. No. 127 to 153 of Marturu Village, xVtchutapuram Mandal, Visakiipatanam District situated S.E.Z Colony, at Dibbapalem, Atchutapuram Mandal, (Erestwhile Visakhapatnam District) Presently Anakapalli District are illegal, arbitrary, without any Governmental Orders, Violation of Principals of Natural Justices, and also Violations Fundamental Rights, in violation of Green Belt Regulations and also Rehabilitation and resettlement schemes and consequently direct the respondents to levity Open Space as per the Layout Plan(item No.5) for growing Green Belt Area from saving the SEZ Colony Peoples health's from Pharmaceutical Industries Pollution and pass 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 Stop granting/assignment House Site Pattas in OPEN the 5) (as No. (item per SRS.J' W.P.No.19313 of 2025 SPACE (item LAYOUTPLANinSy.No.1.2,3.4,5,6,7,8,13,15.16,17,18,19,20,21,22,23 24 25 2 6,47,48,49,50,51 of Rajkoduru Village, Rambilli Mandal, Sy. No. 1 to 55 & 66 of Dibbapalem Village, Sy. No. 204, 205, 217 to 227 of Veduruwada Village, y. No. 127 to 153 of Marturu Village, Atchutapuram Mandal, VisakHpatanam istrict situated S.E.Z Colony, at Dibbapalem, Atchutapuram ' Mandal, (Erestwhile Visakhapatnam District) Presently Anakapalli District by stopping the Cutting the Green Trees in, around the SEZ Colony pending disposal of the above writ petition and pass ' I Counsel for the Petitioner(S): 1.GSIMHADRI i Counsel for the Respondent(S): 1.GP FOR REVENUE 2.SANTHI CHANDRA SC For APIIC No. 5) (as the per The Court made the following: :: ORDER :: Heard Sri G. Simhadri, learned counsel for the Sri G. Divya Theja, learned Assistant Government Pleader for petitioners, and Revenue, appeared for respondents 1 to 5, 6 to 9 and Smt. Santhi Chandra, learned Standing Counsel, appeared for respondents 3 & 4. 2. Learned counsel for the petitioner would submit that the petitioner made a representation dated 07.07.2025 (Ex.P1) to respondent No.2, complaining about the cutting of trees. However, the same has not been considered. 3. Smt. Santhi Chandra, learned Standing Counsel, on instructions, would submit that the Government of Andhra Pradesh established a Special Economic Zone in Atchutapuram by acquiring land of Ac.9200.00 cents in Rambilli and Atchutapuram Mandal of Visakhapatnam District, same, 29 villages were affected. The R & R package was paid to the affected Due to the ^age 5 of 7 SRS.J W.P.No.19313 of 2025 individuals, including rehabilitants. The colonies were established at Dibbapalem and Veduruwada Village, and necessary infrastructure was provided. Housing colony in Dibbapalem village, Atchutapuram Mandal was developed by APllC Authorities in an extent of Ac.458.71 cents covered in Sy.Nos'.l to 8, 13 to 26, 47 to 51 of Rajakoduru Village, Rambilli Mandal; Sy.Nos.1 to 55 & 66 of Dibbapalem Village; Sy.Nos.204, 205, 217 to 227 of Veduruwada Village and Sy.Nos.127 to 153 of Marturu Village, Atchutapuram Mandal, with 4462 plots. Out of the plotted area i.e. Ac.221.48 cents, APllC developed infrastructure and other facilities and handed over to the Revenue / Panchayat Department for onward allotment to house site pattas to the eligible beneficiaries as finalised by the Revenue Department. With regard to open space in R & R Dibbapalem layout, APllC earmarked 10% of the total layout extent. However, the open space in R & R is more than 10%. Hence, APllC decided to develop housing plots in the excess area approximately Ac.6.00 cents by developing into 120 plots and thereby allotting to the eligible beneficiaries of Krishnampalem Village, without deviating from the layout norms. As part of its jungle clearance/cutting of trees was done by APllC only to develop the excess area into a house site patta. Sri G. Divya Theja, learned Assistant Government Pleader for Revenue, would submit that respondent No.2 will consider the representation made by the petitioner vide Ex.P1 and pass appropriate orders. 4. Indeed, directing the authorities to consider the representation is deprecated by the Hon’ble Apex Court in Government of India v. P.VenkateshV 5. Given the facts and circumstances of the case, without touching the I merits of the matter, the Writ Petition is disposed of at the stage of admission I with the consent of both the learned counsel, directing the respondent No.2 to 6. (2019) 8 SCALE 544 i SRS,J W.P.No.19313of 2025 consider the representation made by the petitioner dated 07.07.2025 (Ex.P1) and pass appropriate orders, strictly as per the law. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGI$TRAR //TRUE COPYA 7^ SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings Velagapudi Village, Amaravati, Guntur District. 2. The District Collector, Anakapalli (Erstwhile Visakhapatnam District), Presently Anakapalli District. 3. The Vice-Chairman & Managinh Director, Andhra Pradesh Industrial Infrastructure Corporation, (A State Government'of Andhra Pradesh Undertaking with Co-porate Office at APIIC Towers, Plot No.l, IT Park, Managalagiri, Guntur District, with Regd Office at APIIC Limited, 5-9- 58/B, 4 th Floor, Parishrama Bhavan, Fateh Maidan Road Basheerbagh, Hyderabad. 4. The APIIC, Zonal Office, Special Projects Zone, One Stop Service Certre, Atchutapuram, (Erstwhile Visakhapatnam District), Presently Anakapalli District. 5. The Anakapalli Revenue Divisional Officer, (Erstwhile Visakhapatnam District), Presently Anakapalli District. 6. The Tahsildar, Atchutapuram(Revene Mandal), (Erstwhile Visakhapatnam District), Presently Anakapalli District. 7. The Tahsildar, Rambilli (Revene Mandal), (Erstwhile Visakhapatnam District), Presently Anakapalli District. 8. The Village Revenue Officer, SEZ Colony, Dibbapalem, Rajakonduru, (Erestwhile Visakhapatnam District) Presently Rambilli Mandal, Ankapalli District. 9. The Special Deputy Collector for Land Acquisition SDC-LA-APllC, (Erestwhile Visakhapatnam District) Presently Ankapalli District. One CC to Sri G.Simhadri, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh 10. 11. [OUT] One CC to Smt. Santhi Chandra, SC for APllC. [OPUC] Two CD Copies. 12. 13. gi HIGH COURT DATED:29/07/2025 ORDER WP N0.19313 0F 2025 DISPOSING THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS