APHC010388802025 IN THE HIGH COURT OF ANDHRA PRADESH^^^fl^ ATAMARAVATI (Special Original Jurisdiction) 0ES ‘ "t 0 “-A IIO i"' ^ V / * WEDNESDAY,THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19632 OF 2Q2fi M Between: 1. Koyya Appayamma, W/o Ramana, Aged about 56 years, Occupation Agriculture R/o Dibbalapalem Village Vizianagaram District Andhra Pradesh 2. Koyya Ramana, S/o Yellaiah, aged about 59 Agriculture R/o Dibbalapalem Village, Vizianagaram District Andhra Pradesh 3. Nilapu Narasayamma, w/o Lachanna, aged about 71 years Occupation Agriculture R/o Dibbalapalem Village Vizianagaram District Andhra Pradesh Bhogapuram Mandal years Occupation Bhogapuram Mandal, Bhogapuram Mandal, ...Petitioners AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department Secretariat, Velagapudi, Amaravathi, Pradesh 2. The District Collector, Vizianagaram District 3. The Revenue Divisional Officer, Bhogapuram, Vizianagaram District 4. The Tahsildhar, Bhogapuram Mandal, Vizianagaram District Guntur, Andhra ...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 or order or direction more particularly a writ in the nature of a Writ of Mandamus to declare the action of the Respondents in trying to disposes and lay 20 feet road for giving road access to a private Hotel in private agricultural lands in Kancheru Village of Bhogapuram Mandal, Vizianagaram District in Sy.252-11 to an extent of Acres 0.20 Cents belonging to the 1st Petitioner, Sy.No.232-9A to an extent of Acres 0.125 Cents and Sy.No.252-11A to an extent of Acres 0.60 Cents belonging to the 2nd Petitioner and Sy.No.232-11 to an extent of Acres 0.45Cents, Sy.No.232-6A to an extent of Acres 0.24Cents and Sy.No.232-10 to an extent of Acres 0.04 Cents belonging to the 3rd Petitioner without following due process of law and without initiating proceedings under Act 30 of 2013 as illegal, arbitrary and violative of Article 14, 21 and 300-A Constitution of India and consequently direct the Respondents not to disposes the Petitioners from the subject lands and not to lay 20 feet road for giving road access to a private Hotel in the subject lands without following due process of law and without initiating proceedings under Act 30 of 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 no to disposes the Petitioners from the subject lands and not to lay 20 feet road for giving road access to a private Hotel in the subject lands. Counsel for the Petitioners: SRI N BHARATH SIMHA REDDY Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE The Court made the following order: APHC010388802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19632/2025 [3331] 050 0 Between; 1 KOYYA APPAYAMMA, W/0 RAMANA, AGED ABOUT 56 YEARS, AGRICULTURE R/0 DIBBALAPALEM VILLAGE, ANDHRA OCCUPATION BHOGAPURAM MANDAL, VIZIANAGARAM DISTRICT PRADESH 2.KOYYA RAMANA, S/0 YELLAIAH, AGED ABOUT 59 YEARS OCCUPATION AGRICULTURE R/0 DIBBALAPALEM VILLAGE, BHOGAPURAM MANDAL, VIZIANAGARAM DISTRICT ANDHRA PRADESH W/0 LACHANNA, AGED ABOUT 71 AGRICULTURE R/0 DIBBALAPALEM 3.NILAPU NARASAYAMMA OCCUPATION BHOGAPURAM MANDAL, VIZIANAGARAM DISTRICT YEARS VILLAGE, ANDHRA PRADESH ...PETITIONER(S) AND ANDHRA PRADESH, REP BY ITS PRINCIPAL REVENUE DEPARTMENT 1.THE STATE OF SECRETARY VELAGAPUd’i, AMARAVATHI, GUNTUR, ANDHRA PRADESH SECRETARIAT DISTRICT COLLECTOR, VIZIANAGARAM DISTRICT 2.THE 3.THE REVENUE DIVISIONAL VIZIANAGARAM DISTRICT BHOGAPURAM, OFFICER, 2 4.THE TAHSILDHAR, BHOGAPURAM MANDAL, VIZIANAGARAM 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 to issue an appropriate writ or order or direction more particularly a writ in the nature of a Writ of Mandamus to declare the action of the Respondents in trying to disposes and lay 20 feet road for giving road access to a private Hotel in private agricultural lands in Kancheru Village of Bhogapuram Mandal, Vizianagaram District in Sy.252-11 to an extent of Acres 0.20 Cents belonging to the 1st Petitioner, Sy.No.232-9A to an extent of Acres 0.125 Cents and Sy.No.252-11A to an extent of Acres 0.60 Cents belonging to the 2nd Petitioner and Sy.No.232-11 to an extent of Acres 0.45Cents, Sy.No.232-6A to an extent of Acres 0.24Cents and Sy.No.232-10 to an extent of Acres 0.04 Cents belonging to the 3rd Petitioner without following due process of law and without initiating proceedings under Act 30 of 2013 as illegal, arbitrary and violative of Article 14, 21 and 300-A Constitution of India and consequently direct the Respondents not to disposes the Petitioners from the subject lands and not to lay 20 feet road for giving road access to a private Hotel in the subject lands without following due process of law and without initiating proceedings under Act 30 of 2013 and/or pass such 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 Counsel for the Petitloner(S): 1.N BHARATH SIMHA REDDY Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following ORDER: Heard Ms.Mokshita, learned counsel representing Sri N.Bharath Simha Reddy, learned counsel for the petitioners and Sri Divya Theja, learned Assistant Government Pleader for Revenue for the respondents 1 to 4. 3 2. Learned counsel for the petitioners would submit that the 1®* petitioner purchased Ac.0-20 cents in Sy.No.252-11 by registered sale deed dated ^.03.2019; the 2'"'^ petitioner purchased Ac.0-125 cents in Sy.No.232-9A and Ac.0-60 cents in Sy.No.252-11A by registered sale deed dated 14.03.2018 and the 3'^'^ petitioner purchased Ac.0-45 cents in Sy.No.232-11, Ac.0-24 cents in Sy.No.232-6A and Ac.0-04 cents in Sy.No.232-10 (hereinafter referred to as “subject lands”)under the registered sale deed dated 07.04.2008. All the lands are situated in Kancheru Village of Bhogapuram Mandal, Vizianagaram District. 3. Learned counsel for the petitioners would submit that the respondents 3 and 4 are intending to lay a road in the petitioners’ land without acquiring the I land under the Right to Fair Compensation and Transparency in Land i Acquisition, Rehabilitation and Resettlement Act, 2013 (for short “RFCTLARR | Act, 2013”). ' The Writ petition was listed on 20.07.2025 and adjourned at the request of the learned Assistant Government Pleader to get instructions. An interim order was passed not to lay the road. The learned Assistant Government Pleader submitted the instructions of the Revenue Divisional Officer, Vizianagarm, vide Rc.No.141/2024/SDT, dated 29.07.2025. The operative portion of the instructions reads as under: 4. 5. “In this connection, the Tahsildar, Bhogapuram has been requested vide RC.No.141/2024/SDT/, dated 17.07.2025 to conduct field survey with reference to the requisition, identify the rightful owners and send Survey number wise information and sub division record fro taking further necessary action as per RFCTLARR Act, 2013. Accordingly, the Survey team of Bhogapuram has entered the field in Kancheru Village to identify & collect the Survey numbers information; but any coercive steps have not been taken against the petitioners by the survey team as alleged by them . . .” 4 The instructions further disclose that the authorities will not deviate from the procedure laid down in the RFCTLARR Act, 2013. The instructions are made part of the record. 6. Given the facts and circumstances of the case, the Writ Petition is disposed of at the admission stage with the consent of learned either side directing the respondents 3 and 4 not to dispossess the from the subject lands (referred supra), without following due order as to costs. counsel on petitioners process. No Miscellaneous petitions pending, if any, shall stand closed. Sd/- B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary Revenue Department Velagapudi, Amaravathi, Guntur, Andhra Pradesh Secretariat 2. The District Collector, Vizianagaram District The Revenue Divisional Officer, Bhogapuram, Vizianagaram District The Tahsildhar, Bhogapuram Mandal, Vizianagaram District One CC to Sri. N Bharath Simha Reddy, Advocate [OPUC] Two CCs to GP For Revenue, High Court of Andhra Pradesh [OUT] Two CD Copies. 3. 4. 5. 6. 7. AL HIGH COURT DATED:30/07/2025 ORDER WP NO. 19632 OF 2025 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS