IN THE HIGH COURT OF ANDHRA PRADKH :: AMARAVATI IN THE HI (Special Original Jurisdiction) THURSDAY THE SECOND DAY OF JANUARY ^ OTOTHOUSAND AND TWENTY FIVE PRESENT honourable SRI JUSTICE RAVI CHEENIALAPATI WRIT PETITION NO: 23883 OF 2021 THE Between: N Padmaia, W/o N. KIshore Reddy p years Cu» Kotha Gangireddypalli, Pendlimarry Mandal, YSR Kadapa uisin . ...Petitioner AND 1. The State of Andhra R-des^.Rep^ by its Principal Department of Irrigation Amaravathi, Guntur District. 2. The District Collector, YSR Kadapa District, Kadapa. 3. The Joint Collector, YSR Kadapa District. GNSS, Collectorate Complex, YSR Kadapa 4. The Special Collector (LA) District. 5 The Special Deputy Collector YSR Kadapa District. 6. The Executive Engineer Kadapa Division, Kadapa. GNSS Unit 2, Collectorate Complex, Water Resources Development Division, ...Respondents of the Constitution of India praying that in affidavit filed therewith, the High Court may Petition under Article 226 the circumstances stated in the Order or Direction, more particularly one in the the action of the respondents to be pleased to issue nature of Writ of Mandamus declaring an into the fields of the petitioner, forcibly remove the existing sweet tress, and evict him there from is illegal and interfere with petitioners peaceful trespass orange trees and neem directing the Respondents not to possession and enjoyment of his land in an extent of Acs. 6.00 cents in Sy. /T ■ / No. 2056 of Nandimandalam Revenue Village fields of Pendlimarry Mandal, YSR Kadapa District, without due process of law. lA 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 restrain the Respondents by means of a temporary injunction, from interfering with petitioner's peaceful possession and enjoyment of his land in an extent of Acs. 6.00 cents in Sy. No. 2056 of Nandimandalam Revenue Village fields of Pendlimarry Mandal, YSR Kadapa District, without due process of law. Counsel for the Petitioner: SRI MSP KAMARAJU Counsel for the Respondents: GP FOR IRRIGATION AND CAD The Court made the following order: 1 APHC010390422021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] THURSDAY ,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 23883/2021 Between: N Padmaja ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.M S P KAMARAJU Counsel for the Respondent{S): 1.GP FOR LAND ACQUISITION 2.GP FOR REVENUE 3.GP FOR IRRI AND CAD (AP) The Court made the following Order: The grievance of the petitioner is that respondents have unlawfully trespassed into her fields, forcibly removed the existing sweet orange trees and neem trees and highhandedly interfered with the peaceful possession and enjoyment of her land in an extent of Acs.6.00 cents in Sy.No.2056 of Nandimandalam Revenue Village fields of Pendlimarry Mandal, without following the due process of law. 2 02. Heard Sri M.S.P.Kamaraju, learned counsel for the petitioner and Sri J.Knshna Praneeth, learned Assistant Government Pleader for Revenue. 03. The learned counsel for the dated 15.06.2021 and the 6*'' petitioner submitted that a representation was made to the 5*^ respondent/Special Deputy Collector respondent/Executive Engineer, Wafer Resources Kadapa, for inclusion of tress i Development in the DN & DD approvals. Subsequently Executive Engineer, Kadapa addressed the a communication dated 15.06.2021 to Kadapa, informing the authorities the Special Deputy Collector, that the representation made by the ayacutdars iIS correct and during verification of and Neem trees about 740 Nos. approved DN & DD, the sweet Orange th! rJTnn i the DN & DD lis, for obtaining compensation and accordingly reguested the Special Deputy Collector to take Orange and Neem trees about are in necessary action for inclusion the Sweet 740 Nos. in the Survey No.2056/1 having ayacut 0.90 acres and 2056/2 having ayacut 4.74 acres in the list of DN &DD list at approved an early date. Though notification is of the year 2017, so far award has not been passed and infact notification has been lapsed. 04. On the other hand, Sri J.Krishna Praneeth, learned Assistant Government Pleader on written instructions of Special Deputy Collector G.N.S.S., Unit-ll, Kadapa submitted that the petitioner is willing to receive the (LA), compensation both for lands and trees, passed and in the meanwhile, the therefore the award has not been notification got lapsed, as such prayed to dismiss the writ petition. 05. A perusal of the record would indicate that the notification i 2017 and the IS of the year declaration was issued on preliminary notification and 11 10.2017 and so far award has not been passed. In view of the same, the notification has been lapsed owing to afflux of time. / 3 06. Taking the submissions of both learned counsel and counter and written instructions into consideration, it is needless to go into the merits of the case by keeping this Writ Petition pending. As such, this Court is inclined to dispose of the writ petition by passing the following order: “The respondent authorities are directed not to interfere with the subject property of the petitioner. It is needless to observe that, if the respondents have any intention to acquire the said land they have to follow due process of law”. Accordingly, this writ petition is disposed of. There shall be no order as 07. to costs. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. Sd/-N.NAGAMMA ASSISTANT REGISTRAR SEC3T^ OFFICER //TRUE COPY// To, 2. The District Coilector, YSR Kadapa District, Kadapa. 3. The Joint Collector, YSR Kadapa District. Dislfcr”^' Collectorate Complex, YSR Kadapa Collector, GNSS Unit 2 YSR Kadapa District. Amaravathi Collectorate Complex D-eiopment Division, 7. One CC to Sri M S P Kamaraju, Advocate [OPUC] Irrigation & CAD, High Court of Andhra Pradesh. 9. Two CD Copies RAM \ HIGH COURT DATED:02/01/2025 ORDER X 10 FEB 2025 jy, ^ Current Section ^ a WP.No.23883 of 2021 DISPOSING OF THE WP WITHOUT COSTS