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2025 DAILYLAW 27391 (AP)

P Y GOPAL REDDY v. THE STATE OF ANDHRA PRADESH

WP/19589/2025 · 2025-07-28

Subba Reddy Satti

body2025

Judgment text

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APHC010387612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19589 OF 2025 Between; 1. P Y Gopal Reddy, S/o. Y. Venkata Ranga Reddy, Aged 61 years, R/o. Papasanipalli Village, Melavoy -Post and Hamlet, Madakasira Mandal, Satya Sai District. 2. P.Y.Vema Reddy, S/o. Y.Venkata Ranga Reddy, Aged 61 years, R/o. Papasanipalli Village, Melavoy - Post and Hamlet, Madakasira Mandal, Satya Sai District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, A.P. Secretariat, Velagapudi, Guntur District. 2. The District Collector, Satya Sai District, Puttaparthi. 3. The Sub-Collector/Revenue Divisional Officer, Penukonda, Satya Sai District. 4. The Tahsildar, Madakasira Mandal Satya Sai District. 5. M/s Megha Engineering and Infrastructure Limited, Rep. by its Managing Director, S-2, Techonocrats Industrial Hyderabad-500037. Estate, Balanagar, ...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 any writ or direction more particularly a writ in the nature of Writ of Mandamus declaring the action of the respondents in laying down pipeline through the 1®* petitioners land admeasuring an extent of Ac. 0.16 in Sy.No.413-1B, likewise through the 2"'^ petitioners land admeasuring an extent of Ac. 0.17 cents in Sy.No.413-1B of Papasanipalli Village, Madakasira Mandal, Satya Sai District without issuing any notice or without following procedure laid down The Right to Fair Compensation and Transparency, Rehabilitation and Resettlement Act,2013 ( Act 30 of 2013) illegal, arbitrary and violative of Principles of Natural Justice and violative of Articles 21 and 300-A of the Constitution of India and consequently direct the respondents herein not to lay the pipeline through the 1®* petitioners land admeasuring an extent of Ac. 0.16 cents in Sy.No.413-1B likewise through the 2nd petitioners land admeasuring an extent of Ac. 0.17 cents in Sy.No.413-1B of Papasanipalli Village, Madakasira Mandal,Satya Sai District, without following the procedure contemplated under Right to Fair Compensation and Transparency under Land Acquisition (Rehabilitation and Resettlement) Act, 2013 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 not to lay pipe line through the 1®' petitioners land admeasuring an extent of Ac. 0.16 cents in Sy.No.413-1B likewise through admeasuring an extent of Ac. 0.17 cents in the 2"'^ petitioner’s land Sy.No.413-1B of Papasanipalli Village, Madakasira Mandal,Satya Sai District, without following the due process of law and the procedure contemplated under Right to Fair Compensation and Transparency under Land Acquisition (Rehabilitation and Resettlement) Act, 2013, pending disposal of the above writ petition 0 Counsel for the Petitioners: SRI DHANUNJAYA REDDY K Counsel for the Respondents No.1 to 4: GP FOR REVENUE The Court made the following order: APHC010387612025 IN the HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ■ u [3331] TUESDAY,THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19589/2025 Between: 1.P Y GOPAL REDDY, S/0. Y.VENKATA RANGA REDDY AGED 61 YEARS, R/0. PAPASANIPALLI VILLAGE, MELAVOY -POST AND • HAMLET, MADAKASIRA MANDAL, SATYA SAI DISTRICT. 2.P.Y.VEMA REDDY, S/0. Y.VENKATA RANGA REDDY AGED 61 YEARS, R/O. PAPASANIPALLI VILLAGE, MELAVOY -POST AND HAMLET, MADAKASIRA MANDAL, SATYA SAI DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, SATYA SAI DISTRICT, PUTTAPARTHI. 3.THE SUBCOLLECTOR/REVENUE DIVISIONAL OFFICER, PENUKONDA, SATYA SAI DISTRICT. 4.THE TAHSILDAR, MADAKASIRA MANDAL SATYA SAI DISTRICT. 5.M/S MEGHA ENGINEERING AND INFRASTRUCTURE LIMITED, REP. BY ITS MANAGING DIRECTOR, S-2, TECHONOCRATS INDUSTRIAL ESTATE, BALANAGAR, HYDERABAD-500037. ...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 W.P.No.19589 of 2o, % pleased topleased to issue any writ or direction more particularly a writ in the nature of Writ of Mandamus declaring the action of the respondents in laying down pipeline through the 1st petitioners land admeasuring an extent of Ac. 0.16 in Sy.No.413-1 B, likewise through the 2nd petitioners land admeasuring an extent of Ac. 0.17 cents in Sy.No.413-1B of Papasanipalli Village, Madakasira Mandal, Satya Sai District without issuing any notice or without following procedure laid down The Right to Fair Compensation and Transparency, Rehabilitation and Resettlement Act,2013 ( Act 30 of 2013) illegal, arbitrary and violative of Principles of Natural Justice and violative of Articles 21 and 300-A of the Constitution of India and consequently direct the respondents herein not to lay the pipeline through the 1st petitioners land admeasuring an extent of Ac. 0.16 cents in Sy.No.413-1B likewise through the 2nd petitioners land admeasuring an extent of Ac. 0.17 cents in Sy.No.413-1B of Papasanipalli Village, Madakasira Mandal,Satya Sai District, without following the procedure contemplated under Right to Fair Compensation and Transparency under Land Acquisition (Rehabilitation and Resettlement) Act, 2013 and to 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 Fligh Court may be pleased pleased to direct the respondents not to lay pipe line through the 1st petitioner’s land admeasuring an extent of Ac. 0.16 cents in Sy.No.413-1B likewise through fhe 2nd petitioner’s land admeasuring an extent of Ac. 0.17 cents in Sy.No.413-1 B of Papasanipalli Village, Madakasira Mandal,Satya Sai District, without following the due process of law and the procedure contemplated under Right to Fair Compensation and Transparency under Land Acquisition (Rehabilitation and Resettlement) Act, disposal of the above writ petition and pass Counsel for the Petitioner(S): 1.DHANUNJAYA REDDY K Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2013, pending age 3 of 5 SRS,J W.P.No.19589 of?025 "ORDER:: l Heard Sri Sudhakar, learned counsel representing Sri K. Dhanunjaya Reddy, learned counsel for the petitioners and Sri B.V.. Satyanarayana. learned Assistant^Government Pleader for Revenue, for respondents 1 to 4. The grievance of the petitioners is that respondent No.5, on the , instructions of respondents 3 and 4 is laying pipe line in the petitioners’ respective extents of land i.e. an extent of Ac.6-16 cents and Ac.0-17 cents in survey No.413-B, of Papasanipalli village, Madakasira Mandal, Satya Sai District, without issuing any notice or acquiring the land and the course is illegal and arbitrary. 2. Learned Assistant Government Pleader for Revenue submitted the instructions furnished by respondent No.4 vide Rc.No.60/2025/A dated 29.07.2025. The relevant portion of the instructions reads as follows: 3. “It is submitted that the petitioners’ subject land is part and parcel of Sy.No.413-2 extent Ac.0.50 cents under acquisition out of which the IB extents sy.No.413-1B extent Ac. 0.16 cents and 0.17 cents is disputed among the joint pattadars of the petitioners claimed extent. The petitioners have not given consent for acquisition of the above subject land. It is submitted that' PV has been passed by the Joint Collector Sri Sathya Sai District vide proceedings Rc.No.GA1/87/2019 dated 10.02.2023. , It is submitted that the petitioners’ lands are not taken possession to Government in view of the title dispute pending among the joint pattadars as to their rights and extents. It is submitted that the pipe lines are not laid in the petitioners’ lands. ...’’• Thus, given the instructions furnished by Tahsildar, no pipelines are laid in the subject property. Therefore, the writ petition is disposed of at the 4. Page 4 of 5 W.P.No.19589 of 2^, % admission stage, with the consent of learned counsel on either side directing respondents 3 to 5 not to lay pipelines in the subject property, without following due process of law. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTKJN CER To, 1. The Principal Secretary State of Andhra Pradesh, Revenue Department, A.P. Secretariat, Velagapudi, Guntur District. 2. The District Collector, Satya Sai District, Puttaparthi. 3. The Sub-Collector/Revenue Divisional Officer, District. Penukonda, Satya Sai 4. The Tahsildar, Madakasira Mandal Satya Sai District. 5. The Managing Director, M/s Megha Engineering Limited, S-2, Techonocrats Industrial Estate, 500037. 6. One CC to SRI DHANUNJAYA REDDY K Advocate [OPUC] 7. Two CCs to GP FOR REVENUE High Court of Andhra 8. Two CD Copies and Infrastructure Balanagar, Hyderabad- Pradesh [OUT] gsg .J HIGH COURT DATED: 29/07/2025 ORDER WP NO. 19589 OF 2025 If 3 0 AUG 2025 Sectio|iXi5 03 DISPOSING THE WP WITHOUT COSTS