Vadisala Srinivasa Rao, v. The State of Andhra Pradesh,
WP/25318/2022 · 2025-07-29
B Krishna Mohan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28701 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28701 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010408602022 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 B.KRISHNA MOHAN WRIT PETITION No: 25318 OF 2022 Between:
1. Vadisala Srinivasa Rao, S/o. Pedaapparao, Aged about 52 years, R/o. Chodapalli, Achutapuram Mandal, Vishakahapatnam. 2. Vadisala Sathibabu, S/o. Apparao, Aged about 50 years, R/o. H.No. 8-82, Atchutapuram, Vishakhapatnam. 3. Vadisala Nukalamma, W/o. Apparao, Aged about 74 years, R/o. H. No 3-4/3, Jogannapalem Village, Chippada, Achutapuram Mandal, Vishakhapatnam. 4. Bondala Shyam, S/o.Sathibabu, Aged about 29 years, R/o. Atchutapuram, Duppituru, Atchutapuram Mandal, Vishakhapatnam. 5. Late Kola Mangathayaramma, Represented by her Daughter, Malini Ramadevi, W/o. Malini Venkata Krishnarao, Aged about 46 years, R/o. H.No.3-99, Appanaveedu, Gudivada Road, Appanaveedu, Hanuman Junction, Pradesh. Pedapadu Mandal, West Godavari District, Andhra ...PETITIONERS AND
1. The State of Andhra Pradesh, Represented by its Principal Secretary, Department of Revenue, Secretariat Building, Velagapudi, Tutlur Mnadal, Guntur District. iTT"
2. The State of Andhra Pradesh, Represented by its' Principal Secretary, Department of Land Acquisition, Secretariat Building, Velagapudi, Tullur Mandal, Guntur District. 3. The District Collector, Vishakhapatnam, Vishakhapatnam District. 4. The Revenue Divisional Officer, Anakapalli, Vishakhapatnam District. 5. The Tahsildar, Atchutapuram Vishakhapatnam 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the actions of the respondents in trying to acquire the lands belonging to the petitioners without following the due process of law and also in violation of the provision^ of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as well as in violation of Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents to not disposes the petitioners from their respective properties till adequate compensation is paid to them after following the procedure prescribed under the Act.
lA No: 1 OF 2022 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 to not disposes the petitioners from their properties till adequate compensation is paid to them after following the procedure prescribed under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. lA No: 1 OF 2024 Between: The Revenue Divisional Officer, Anakapalli, Vishakhapatnam District. ...PETITIONER/RESPONDENT
AND
1. Vadisala Srinivasa Rao, S/o. Pedaapparao, Aged about 52 years, R/o. Chodapalli, Achutapuram Mandal, Vishakahapatnam. 2. Vadisala Sathibabu, S/o. Apparao, Aged about 50 years, R/o. H.No. 8-82, Atchutapuram, Vishakhapatnam. 3. Vadisala Nukalamma, W/o. Apparao, Aged about 74 years, R/o. H. No 3-4/3, Jogannapalem Village, Chippada, Achutapuram Mandal, Vishakhapatnam. 4. Bondala Shyam, S/o.Sathibabu, Aged about 29 years, R/o. Atchutapuram, Duppituru, Atchutapuram Mandal, Vishakhapatnam. 5. Late Kola Mangathayaramma, Represented by her Daughter, Malini Ramadevi, W/o. Malini Venkata Krishnarao, Aged about 46 years, R/o. H.No.3-99, Appanaveedu, Gudivada Road, Appanaveedu, Hanuman Junction Pradesh. 6. The State of Andhra Pradesh, Represented by its Principal Secretary, Department of Revenue, Secretariat Building, Velagapudi, Tullur Mnadal, Guntur District. 7. The State of Andhra Pradesh, Represented by its Principal Secretary, Department of Land Acquisition, Secretariat Building, Velagapudi, Tullur Mandal, Guntur District. 8. The District Collector, Vishakhapatnam, Vishakhapatnam District. 9. The Tahsildar, Atchutapuram, Vishakhapatnam District. Pedapadu Mandal, West Godavari District, Andhra ...RESPONDENTS 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 vacate the interim orders dated 10.07.2024 in IA.No.1 of 2022 in WP No.25318 of 2022 and dismiss the Writ Petition. Counsel for the Petitioner Nos.1 to 4: SRI RAVITEJA PADIRI Counsel for the Petitioner No.5: SRI KILARU NITHIN KRISHNA Counsel for the Respondent Nos.1, 3 to 5: GP FOR REVENUE Counsel for the Respondent No.2: GP FOR LAND ACQUISITION The Court made the following order:
1 APHC010408602022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] WEDNESDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 25318/2022 Between:
1.VADISALA SRINIVASA RAO,, S/0 PEDAAPPARAO, AGED ABOUT R/0 CHODAPALLI, ACHUTAPURAM MANDAL, 52 YEARS VISHAKAHAPATNAM. 2.VADISALA SATHIBABU S/0 APPARAO, AGED ABOUT 50 YEARS, R/0 H. NO 8-82, ATCHUTAPURAM, VISHAKHAPATNAM.
3.VADISALA NUKALAMMA,, W/0 APPARAO. AGED ABOUT 74 YEARS R/0 H. NO 3-4/3, JOGANNAPALEM VILLAGE, CHIPPADA, ACHUTAPURAM MANDAL, VISHAKHAPATNAM. 4.BONDALA SHYAM,, S/0 SATHIBABU, AGED ABOUT 29 YEARS, R/0 ATCHUTAPURAM, DUPPITURU, ATCHUTAPURAM MANDAL, VISHAKHAPATNAM. 5.LATE KOLA MANGATHAYARAMMA., REPRESENTED BY HER DAUGHTER, MALINI RAMADEVI KRISHNARAO, AGED ABOUT 46 YEARS APPANAVEEDU, GUDIVADA ROAD, APPANAVEEDU, HANUMAN JUNCTION DISTRICT, ANDHRA PRADESH. W/0 MALINI VENKATA R/0 H .NO 3-99, PEDAPADU MANDAL, WEST GODAVARI ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE,
2 SECRETARIATE BUILDING, VELAGAPUDI, TULLURMNADAL, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS DEPARTMENT OF LAND VELAGAPUDI, PRINCIPAL SECRETARY, ACQUISITION, SECRETARIATE BUILDING TULLUR MANDAL, GUNTUR DISTRICT. 3.THE DISTRICT COLLECTOR, VISHAKHAPATNAM DISTRICT. VISHAKHAPATNAM, 4.THE REVENUE DIVISIONAL OFFICER, ANAKAPALLI, VISHAKHAPATNAM DISTRICT. 5.THE TAHSILDAR, ATCHUTAPURAM VISHAKHAPATNAM 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 topleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the actions of the respondents in trying to acquire the lands belonging to the petitioners without following the due process of law and also in violation of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as well as in violation of Article 14, 19 and 21 of the Constitution of India and consequently direct the respondents to not disposes the petitioners from their respective properties till adequate compensation is paid to them alio- following the procedure prescribed under the Actand pass lA NO: 1 OF 2022 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 pleased to direct the respondents to not disposes the petitioners from their properties till adequate compensation is paid to them after following the procedure prescribed under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and pass
3 lA NO: 1 OF 2024 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 pleased to vacate the interim orders dated 10 07 2024 in lA No.1 of 2022 in WP No.25318 of 2022 and dismiss the writ petition 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 may be pleased to extend the interim order dated 10.07.2024 granted earlier in I.A. No. 1 of 2022 in W.P. No.25318 of 2022 and pass Counsel for the Petitloner(S):
I.KILARU NITHIN KRISHNA 2.RAVITEJA PADIRI Counsel for the Respondent{S):
1.GP FOR REVENUE 2.GP FOR LAND ACQUISITION
0 The Court made the following Order: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for the respondents.
2. The learned counsel for the petitioners submits that, insofar as the petitioner Nos.1 to 4 are concerned, the land acquisition award passed and compensation was also paid. Hence, this writ petition is not pressed for the petitioner Nos.1 to 4. But insofar as the 5**^ respondent is concerned, he is no more and the award was passed by the respondent authorities against the dead person. was
3. On the other hand, the learned Assistant Government Pleader upon receipt of the instructions from the respondents submits that, insofar as the deceased 5‘^ petitioner is concerned, the respondent authorities will follow the due process of law for passing the fresh order. Enabling the same, the
order dated 17.11.2021 of the Revenue Divisional Officer, Anakapalli, passed under section 23 of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 in respect of Kola Mangatayaramma/ 5*^ petitioner herein/ deceased is set aside. Insofar as the petitioner Nos.1 to 4 are concerned, it is dismissed as not pressed.
4. Accordingly, the writ petition is disposed of. There shall be no order as to costs.
5 As a sequel, Interlocutory Applications pending, if any, shall stand closed.
Sd/- K TATA RAO DEPUTY^ REGISTRAR //TRUE COPY// FFICER SECTI' To
1. The Principal Secretary, Department of Revenue, State of Andhra Pradesh Secretariat Building, Velagapudi, Amaravati, Guntur District.
2. The Principal Secretary, Department of Land Acquisition, State of Andhra Pradesh, Secretariat Building, Velagapudi, Amaravati, Guntur District.
3. The District Collector, Vishakhapatnam, Vishakhapatnam District.
4. The Revenue Divisional Officer, Anakapalli, Vishakhapatnam District.
5. The Tahsildar, Atchutapuram Vishakhapatnam District.
6. One CC to Sri Kilaru Nithin Krishna, Advocate [OPUC]
7. One CC to Sri Raviteja Padiri, Advocate [OPUC]
8. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT]
9. Two CCs to GP for Land Acquisition, High Court of Andhra Pradesh [OUT]
10. Two CD Copies. gi
HIGH COURT DATED:30/07/2025 I 2 n AUG ?025 g Current iieciion .
ORDER WP N0.25318 0F 2022 DISPOSING THE WRIT PETITION WITHOUT COSTS