\ APHC010395412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) S- TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT ■U "t, ^ H#' THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 20456 OF 2025 Between: Smt. Saripalli Aruna Kumari, W/o Pothu Raju, aged about 59 years, Occ Nakkavanipalem, Visakhapatnam, Housewife, residing at D.No.51-9-17/3 Visakhapatnam District,AP.530013. ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Revenue Department A.P. Secretariat at Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Vizianagaram, Vizianagaram District. 3. The Special Deputy Collector, (Land Acquisition), Bhogapuram Greenfield Airport, Project, Vizianagaram District. 4. The Revenue Divisional Officer, Vizianagaram 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 or order or direction, more particularly one in the nature of writ of Mandamus or any writ by granting the following reliefs (a) Declare the action of the Respondents in utilizing the petitioner^ land for public purpose without compensation as arbitrary, illegal and violative A of Article 300A of the Constitution of India consequently, directing the Respondents to pay the compensation and/or land pooling benefits to the petitioner land situated at Kavulavada Gramapanchyat, Bhogapurama Mandal, Vizianagaram District Kavulavada Revenue area Jeerayati Mettu in Patta No. 11 Sy.No.5-3 an extent of 2.02 cents, or 0.808 hectares, acquired for the Bhogapuram International Greenfield Airport, on par with similarly situated land owners under the Right to Fair Transparency in Land Acquisition, Rehabilitation (RFCTLARR) Act, 2013 (b) Directing representations made by the petitioner dated 27.05.2019, 10.06.2019 and take a decision within a time- bound manner, (c) by allowing the writ petition. Compensation and and Resettlement Respondents to consider the 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 directed the Respondents payment of compensation of the petitioner on par with similarly situated land owners under the Right to Fair Compensation and Transparency in Land Acquisition (RFCTLARR) Act, 2013, pending disposal of the writ petition. Counsel for the Petitioner: SRI KINTALI DHARMA RAO Counsel for the Respondent Nos.1,2 & 4: GP FOR REVENUE Counsel for the Respondent No.3: GP FOR LAND ACUISITION The Court made the following order: Rehabilitation and Resettlement ■ ■ % APHC010395412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE QMS [3330] PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.20456 of 2025 Between; 1 SMT SARIPALLI ARUNA KUMARI,, W/0 POTHU RAJU, AGED OCC HOUSEWIFE, RESIDING AT NAKKAVANIPALEM, VISAKHAPATNAM, ABOUT 59 YEARS, D.NO.51-9-17/3, VISAKHAPATNAM DISTRICT,AP.530013. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, SECRETARIAT AT VELAGAPUDI DISTRICT. REVENUE DEPARTMENT A.P. AMARAVATHI, GUNTUR VIZI ANAGARAM, COLLECTOR, DISTRICT 2.THE VIZIANAGARAM DISTRICT. 3 THE SPECIAL DEPUTY COLLECTOR, (LAND ACQUISITION) PROJECT, BHOGAPURAM GREENFIELD AIRPORT, VIZIANAGARAM DISTRICT. 4 the revenue divisional OFFICER, 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 in the nature of writ of Mandamus or any writ by particularly one granting the following reliefs (a) Declare the action of the Respondents in utilizing the petitioners land for public purpose without compensation arbitrary, illegal and violative of Article 300A of the Constitution of India consequently, directing the Respondents to compensation and/or land pooling benefits to the petitioner land situated at Kavulavada as 9 Vizianagaram District Gramapanchyat. Bhogapurama Mandal, Kavulavada Revenue area Jeerayati Mettu in Patta No. 11 Sy.Nd.5-3 acquired for the Bhogapuram International Greenfield Airport, on par with similarly situated land owners under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013 (b) Directing Respondents to consider the representations made by the petitioner dated 27.05.2019, 10.06.2019 and take a decision within a time- bound manner, (c) by allowing the extent of 2.02 cents, or 0.808 hectares an writ petition and pass such Counsel for the Petitioner: 1.KINTALI DHARMA RAO Counsel for the Respondent(S): 1.GPFOR REVENUE The Court made the following; 3 '*0 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief; “...to issue an appropriate writ or order or direction, more particularly one in the nature of writ of Mandamus or any writ by granting the following reliefs: (a) Declare the action of the Respondents in utilizing the petitioner's land for public purpose without compensation as arbitrary, illegal and violative of Article 300A of the Constitution of India consequently, directing the Respondents to pay the compensation and/or land pooling benefits to the petitioner land situated at Kavulavada Gramapanchyat, Bhogapurama Mandal, Vizianagaram District Kavulavada Revenue area Jeerayati Mettu in Patta No. 11 Sy.No.5-3 an extent of 2.02 cents, or 0.808 hectares, acquired for the Bhogapuram International Greenfield Airport, on par with similarly situated land owners under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013 (b) Directing the Respondents to consider the representations made by the petitioner dated 27.05.2019, 10.06.2019 and take a decision within a time-bound manner, (c) by allowing the writ petition and pass such other order(s) or relief(s) that this Hon'ble Court may deem just and proper in the interest of justice ” 2. It is the specific case of the petitioner that she was in possession of the property and she was compelled to part with possession of the land in good faith on the understanding, both orally and through local administration assurances and that she would be provided compensation or land-pooling benefits on par with similarly situated landowners under the Bhogapuram Project. The petitioner has submitted multiple representations to the District Collector and the Revenue Divisional Officer on the following dates, 27.05.2019, 10.06.2019 and 26.04.2020, requesting redress and for payment of 4 compensation. Despite the same taken. no response or action has been 3. The State Counsel has furnished proceedings dated 31.07.2025, addressed by the Competent Authority (L A.), I.G.F.A., Bhogapuram the Government Pleader for Land Acquisition, High Court of Andhra Pradesh. As seen from the said to proceedings, it transpires that the petitioner is not entitled for payment of compensation/ex-gratia subject land is resumed under POT Act, 1977. , as the 4. Learned counsel for the petitioner would submit that the Land Pooling Scheme even under even a person who is occupier includes a tenant, a owner in occupation or otherwise using his land tenant of any land, a licensee in occupation of any land, and any person who is liable to pay to the owner the charges for the of any land is entitled for compensation. He would further submit , a rent free use and occupation that a a representation was made and the same was not considered. Hence, sought a direction to the respondents to consider and dispose representation dated 26.04.2020. of the 5. At this juncture, learned State Counsel has submitted petitioner may be submitted a fresh representation to the concerned authority addressing all her grievances and the in accordance with law. that the same will be considered 6. Acceding to the above request, the present Writ Petition is disposed of, directing the petitioner to make a fresh representation to the concerned authorities, addressing all the grievances, within a period of two weeks from the date of receipt of a copy of this order and, on receipt of such representation from the writ petitioner, the concerned 5 authorities are directed to examine the same and pass appropriate orders thereon in accordance with law and communicate the same period of eight (8) weeks therefrom. There shall be no order as within a to costs. Interlocutory Applications pending, if any, As a sequel thereto shall stand closed. Sd/- N. NAGAMMA R ASSISTANT //TRUE COPY// SECTION OFFICER To, Revenue Department, State of Andhra ‘1. The Principal Secretary, Pradesh, A.P. Secretariat at Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Vizianagaram, Vizianagaram District. Special Deputy Collector, (Land Acquisition), Bhogapuram 3. The Greenfield Airport, Project, Vizianagaram District. 4. The Revenue Divisional Officer, Vizianagaram District. 5. One CC to Sri Kintali Dharma Rao, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] to GP for Land Acquisition, High Court of Andhra 7. Two CC’s Pradesh[OPUC] 8. Two CD Copies. ssb HIGH COURT DATED:19/08/2025 anoS^ 5 0 2 SEP W5 ORDER WP No. 20456 OF 2025 % to ^ , Current Section * ^ DISPOSING OF THE W.P. WITHOUT COSTS