% s IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATTO (Special Original Jurisdiction) 50' O THURSDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE o .C>i PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 27686 OF 2021 Between; 1. B.Kusuma, W/o.Ramanaiah Aged about 35 years, Housewife, R/o.H.No.5l7, B.C. Colony, Vizianagaram, Vizianagaram District. 2. P.Dhanalakshmi, W/o.Vykuntha Rao, Aged about 36 years, Housewife, R/o.Boddapadu Village, Palasa Mandal, Sirkakulam District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Srikakulam District, Srikakulam. 3. The Revenue Divisional Officer, Tekkali, Srikakulam District. 4. The Tahsildar, Palasa Mandal, Srikakulam 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 declaring the action of the respondents in proposing to acquire the petitioners' agricultural land in an extent of Ac.0.67 cts in Sy.No.149/1, Ramakrishnapuram Village, Palasa Mandal, Srikakulam District, without following the procedure laid down under Central Act No.30 of 2013, as illegal, arbitrary and violative of Articles 14, 16, 21 and 300-A of the Constitution of India and provisions of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013, consequently set-aside the impugned Endorsement/Letter in FL/14201/2021, dt.12.10.2021 of the 4*^^ respondent. r lA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances in support of the petition, the High Court respondents not to interfere without stated in the affidavit filed i pleased to direct the may be our peaceful possession and enjoyment of agricultural land in Sy.No. 149/1 Ramakrishnapuram Village, Palasa the impugned Endorsement/Lett Mandal, Srikakulam District pursuant to vide FL/14201/2021, dt.12.10.2021 e 4th respondent, pending disposal of the er of writ petition. jA NO: 1 OF 209? Between: 2. The District Collector, Srikakulam 3. The Revenue Divisional Officer, 4. The Tahsildar, Palasa Mandal District, Srikakulam. Tekkali, Srikakulam District. Srikakulam District. ■..Petitioners/Respondents AND ■.Respondents/Petitioners Petition under Section 151 CPC praying that in the circumstances in support of the petition, the High Court stated in the affidavit filed i pleased to vacate the interim 2021 and also dismiss the may be order dated 09.12.2021 in W.P.No.27686 of writ petition. Counsel for the Petitioners: Counsel for the Respondents: The Court made the following order: SRI M PITCHAIAH GP FOR REVENUE APHC010459332021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 27686/2021 [3332] y Between: B.kusuma, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.M PITCHAIAH Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the following ORDER:- ...RESPONDENT(S) The grievance of the petitioners is that, the respondents are proposing to acquire their iand without invoking the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 2. Heard Sri M.Pitchaiah, learned counsel for the petitioners, and Sri Krishna Praneeth, learned Assistant Government Pleader for Revenue. 3. Learned counsel for the petitioners while reiterating the contents of the writ affidavit submitted that the land i a private land and wherein the IS <0' 2 V respondent authorities without acquiring the same by invoking the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, trying to take possession of the petitioners’ land for public purpose. If the same is materialized, it affects the rights of the petitioners. As such, prayed to pass appropriate orders protecting the interest of the petitioners. On the other hand, learned Assistant Government Pleader, submitted that, the issue is pending before the District Collector for getting approvals for payment of compensation, as such petitioners cannot have any grievance. The authorities after getting approval will pay compensation to the petitioners and accordingly prayed to pass orders. 4. 5. In reply, learned counsel for the petitioners submitted that, the said submission is unknown to law. Without issuing notification, how the District Collector can give proposals for payment of compensation. The same can’t be permitted or allowed. As such, prayed to pass orders. 6. Perused the record and considered the submissions made by the learned counsel appearing on both sides. As rightly contended by the learned counsel for the petitioners, without acquiring the land by issuing appropriate notification in terms of the Land Acquisition Act, the authorities cannot fix compensation and they cannot wait for proposals of the District Collector for payment of compensation. If the State 7. % 3 requires any private of Act, 2013. property, they have to acquire the same under provision 8. In view of the with the following direction; same, this Court i IS inclined to dispose of the writ petition The respondent authorities property except under due to follow due 9- Accordingly, the Writ Petition as to costs. are directed not to interfere with the process of law and if the process of law.” 's disposed of. There petitioners’ to acquire, they have authorities want shall be no order As a sequel, miscellaneous applications, pending if any, shall closed. stand ASSISTANT registrar //TRUE COPY// To, SECTION DFFICER 2. The District Collector, Srikakulam District, 3. The Revenue Divisional Officer. Tekkali, Srikakulam District. 4. The Tahsiidar, Palasa Mandal, Srikakuiam District. 5. One CC to Sri M Pitchaiah, Advocate ‘ 6. Two CCs to GP for Revenue, High Court 7. Two CD Copies Srikakulam. [OPUC] of Andhra Pradesh. [OUT] RAM HIGH COURT DATED:02/01/2025 ORDER WP.No.27686 of 2021 S 21 FEB 2025 o\ . Current Section , ' DISPOSING OF THE WP WITHOUT COSTS