Extracted from the PDF above. The PDF is authoritative.
s ¥ /••• H APHC010431272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) i FRIDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 22252 OF 2025 A Vf •\v< t'- r I - Between: Gudipati Rama Rao, S/o Venkateswarlu, Aged 57 years, R/o D.No.5-21, Yenimitta Street, C.S. Puram Village and Mandal, Prakasam District Andhra Pradesh ...Petitioner AND
1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Revenue Department, A.P. Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Collector and District Magistrate, Prakasam District, Ongole, Andhra Pradesh. 3. The Joint Collector, Prakasam District, Ongole, Andhra Pradesh. 4. The Competent Authority (LA) and Joint Collector, Prakasam District, Ongole Andhra Pradesh. 5. The Revenue Divisional Officer, Kanigiri, Prakasam District, Andhra Pradesh. 6. TheTahsildar, C.S Puram Mandal, Prakasam District, Andhra Pradesh. 7. The National Highways Authority of India, Regional Office, Plot No.21, Teachers Colony Gurunanak nagar Road, Vijayawada, NTR District, A.P., Rep. by its Project Director ...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 a writ, order or direction more particularly one in the nature of a writ of mandamus, declaring the action of the respondents 2 to 4 in trying to dispossess the petitioner from his land in an extent of Ac. 1.39 cents in R.S. No. 113/8 situated in C.S. Puram Village and Mandal, Prakasam District without determining and depositing the compensation amount in favour of the petitioner as per Section 3 E (1) and 3 H (1) and (2) of National Highways Act, 1956 is illegal, arbitrary, unjust and violation of Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents to determine and deposit an amount of Rs. Rs. 18,43,000/- (Rs. 13,26,000/- per acre) with interest as per Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR). 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 dispossess the petitioner from his land extent of Ac.
1.39 cents in R.S. No. 113/8 situated in C.S. Puram Village & Mandal, Prakasam District, pending disposal of the above writ petition. in an Counsel for the Petitioner: SMT. KAVITHA GOTTIPATI Counsel for the Respondent Nos. 1 to 6: GP FOR REVENUE Counsel for the Respondent No.7: SRI TANDAVA YOGESH (SC FOR NHAI) The Court made the following order:
* APHC010431272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] FRIDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 22252/2025 Between:
1.GUDIPATI RAMA RAO, S/0 VENKATESWARLU, AGED 57 YEARS, R/O D.NO.5-21, YENIMITTA STREET, C.S. PURAM VILLAGE AND MANDAL, PRAKASAM DISTRICT ANDHRA PRADESH ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE COLLECTOR AND DISTRICT MAGISTRATE, PRAKASAM DISTRICT, ONGOLE, ANDHRA PRADESH. 3.THE JOINT COLLECTOR, PRAKASAM DISTRICT, ONGOLE, ANDHRA PRADESH. 4.THE COMPETENT AUTHORITY LA AND JOINT COLLECTOR, PRAKASAM DISTRICT, ONGOLE, ANDHRA PRADESH. 5.THE REVENUE DIVISIONAL OFFICER, KANIGIRI, PRAKASAM DISTRICT, ANDHRA PRADESH. 6.THE TAHSILDAR, C.S PURAM MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH. 7.THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, REGIONAL OFFICE, PLOT N0.21, TEACHERS COLONY GURUNANAK NAGAR ROAD, VIJAYAWADA, NTR DISTRICT, A.P., REP. BY ITS PROJECT DIRECTOR ...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 a writ,
order or direction more particularly one in the nature of a writ of mandamus, declaring the action of the respondents 2 to 4 in trying to dispossess the petitioner from his land in an extent of Ac. 1.39 cents in R.S. No.113/8 situated in C.S. Puram Village and Mandal, Prakasam District without determining and depositing the compensation amount in favour of the petitioner as
9 2 per Section 3 E (1) and 3 H (1) and (2) of National Highways Act, 1956 is illegal, arbitrary, unjust and violation of Article 14, 21 and 300- A of Constitution of India and consequently direct the respondents to determine and deposit an amount of Rs.18,43,000/- (Rs.13,26,000/ - per acre) with interest as per Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR) and 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 may be pleased to direct the respondents not to dispossess the petitioner from his land in an extent of Ac.1.39 cents in R.S. No. 113/8 situated in C.S. Puram Village & Mandal, Prakasam District, pending disposal of the above writ petition and pass such Counsel for the Petitioner: I.KAVITHAGOTTIPATI Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following:
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 22252 of 2025
ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
"...io issue a writ, order or direction more particularly one in the nature of a writ of mandamus, declaring the action of the respondents 2 to 4 in trying to dispossess the petitioner from his land in an extent of Ac. 1.39 cents in R.S. No.113/8 situated in C.S.Puram Village and Mandal, Prakasam District without determining and depositing the compensation amount In favour of the petitioner as per Section 3 E (1) and 3 H (1) and (2) of National Highways Act, 1956 is illegal, arbitrary, unjust and violation of Article 14, 21 and 300-A of Constitution of India and consequently direct the respondents to determine and deposit an amount of Rs.18,43,000/- (Rs.13,26,000/- per acre) with interest as per Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR) and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case".
2. The grievance of the petitioner is that having acquired the land in an extent of Ac.1.39 cents in R.S.No.113/8 situated in C.S.Puram Village and Mandal, Prakasam District, the respondent authorities have not paid the compensation to the petitioner on par with the other claimants, where the respondent authorities fixed Rs. 13,26,000/- per acre and the petitioner is entitled for an amount of Rs.18,43,000/-. Hence, the present writ petition is filed. th
3. Sri Tandava Yogesh, learned Standing Counsel for 7 respondent/National Highways Authority of India, would submit that as per the procedure contemplated under the National Highways Act 1956, the petitioner herein has not produced documents, despite the
4 public notice issued under the Act. If the petitioner approaches the Collector/Arbitrator with all relevant documents, the Collector/Arbitrator will pass appropriate orders considering the documents that filed by the writ petitioner and will consider for payment of compensation amount, in accordance with law.
4. Under the given oral undertaking, this Court is inclined to dispose of this writ petition, at the admission stage itself, directing the petitioner herein to approach the Arbitrator/Collector, within a period of two weeks from the date of receipt of a copy of this order, with all relevant documents and the Collector/Arbitrator further
directed to examine the same and pass appropriate orders, after giving an opportunity of hearing to the petitioner and communicate such decision to the petitioner herein, within a period of six weeks therefrom.
5. Accordingly, the Writ Petition is disposed of. There shall be no
order as to costs. As a sequel, interlocutory applications, if any pending in this Writ Petition shall stand closed.
Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// // ^ SECTION OFFICER To,
1. The Principal Secretary, Revenue Department, A.P. Secretariat, Velagapudi, Amaravati, Guntur District.
2. The Collector and District Magistrate, Prakasam District, Ongole, Andhra Pradesh.
3. The Joint Collector, Prakasam District, Ongole Andhra Pradesh.
I
4. The Competent Authority LA and Joint Collector, Prakasam District, Ongole Andhra Pradesh.
5. The Revenue Divisional Officer, Kanigiri, Prakasam District, Andhra Pradesh.
6. The Tahsildar, C.S Puram Mandal, Prakasam District, Andhra Pradesh.
7. The Project Director, National Highways Authority of India, Regional Office, Plot No.21 Teachers Colony Gurunanak nagar Road Vijayawada, NTR District, A.P.
8. One CC to Smt. Kavitha Gottipati Advocate [OPUC]
9. One CC to Sri Tandava Yogesh (SC for NHAI) Advocate [OPUC]
10. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT]
11. Two CD Copies TF
HIGH COURT DATED:22/08/2025
ORDER WP NO. 22252 OF 2025
"S t '‘SEP 2025 ju Current Seciion ,% o o m DISPOSING OF THE W.P., WITHOUT COSTS