% APHC010462592023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Bi? WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 24041 OF 2023 r/ Vv. Between: Sri Narasapuram Venkata Swamy, S/o. N. Venkataiah, aged about 50 R/o. Ulavapalle Village, Chejarla Mandal, SPSR Nellore District. years. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary (Revenue Department), Secretariat Building, Velgapudi, Guntur District. 2. The District Collector, Nellore, SPSR Nellore District. 3. The Revenue Divisional Officer, Atmakuru, SPSR Nellore District. 4. The Tahsildar, Chejarla Mandal, SPSR Nellore 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 more particularly one in the nature of writ of mandamus declaring the action of the respondents herein in neither alloting the alternative land either in Sy. No. 127/1 or in any other Sy No's, within the limits of Timmayapalem Village for the acquired lands of the petitioner to extent of Ac. 3.00 cents in Sy. No. 120/4 of Timmayapalem Village, Chejerla Mandal, SPSR Nellore District nor paying any compensation to the acquired lands of the petitioner above mentioned, further inspite of the representation an dated 15-05-2023 as illegal, arbitrary, opposed to the established principles of law further in violation of Article - 14, 21 and 300-A of the Constitution of India and consequently direct the respondents herein to either allot alternative land or pay compensation for the acquired lands of the petitioner lA NO: 1 OF 2023 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 herein to either grant alternative land or pay compensation for the acquired lands of the petitioner i.e. lands to an extent of Ac. 3.00 cents in Sy. No. 120/4 of Timmayapalem Village, Chejerla Mandal, SPSR Nellore District by taking into consideration the representation made by the petitioner dated 15-05-2023 pending disposal of the present writ petition Counsel for the Petitioner: SMT. K PALLAVI Counsel for the Respondents: GP FOR REVENUE Counsel for the Respondents: GP FOR LAND ACQUISITION (AP) The Court made the following order: r' APHC010462592023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 24041/2023 Between: 1.NARASAPURAM VENKATA SWAMY, S/0. N. VENKATAIAH, AGED ABOUT 50 YEARS. R/0. ULAVAPALLE VILLAGE, CHEJARLA MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY (REVENUE DEPARTMENT), BUILDING, VELGAPUDI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, ATMAKURU, SPSR NELLORE DISTRICT. SECRETARIAT 4.THE TAHSILDAR. CHEJARLA MANDAL, SPSR NELLORE 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 more particularly one in the nature of writ of mandamus declaring the action of the respondents herein in neither allotting the alternative land either in Sy. No. 127/1 or in any other Sy No's within the limits of Timmayapalem Village for the acquired lands of the petitioner to an extent of Ac. 3.00 cents in Sy. No. 120/4 of Timmayapalem Village, Chejerla Mandal, SPSR Nellore District nor paying any compensation to the acquired lands of the petitioner above mentioned, further in spite of the representation dated 15-05-2023 as illegal, arbitrary, opposed to the established principles of law further in violation of Article - 14, 21 and 300-A of the Constitution of India and consequently direct the respondents herein to either allot alternative land or pay compensation for the acquired lands of the petitioner and pass lA NO: 1 OF 2023 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 herein to either grant alternative land compensation for the acquired lands of the petitioner i.e. lands to an extent of Ac. 3.00 cents in Sy. 3.00 cents in Sy. No. 120/4 of Timmayapalem Village,Chejerla Mandal, SPSR Nellore District by taking into consideration the representation made by the petitioner dated 15-05-2023 pending disposal of the present writ petition and pass 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 may be pleased to grant leave to the petitioner herein / Respondent No.4 in the above WP No.24041/2023 to file counter affidavit and Counsel for the Petitioner: 1.KPALLAVI or pay pass Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR LAND ACQUISITION (AP) The Court made the following ORDER: Heard Smt.K.Pallavi, learned counsel for the petitioner and Sri B.V.Satyanarayana, learned Assistant Government Pleader for Revenue for the respondents. 2. Learned counsel for the petitioner submits that the petitioner assigned Ac.3-00 in Sy.No.120/4 of Timmayapalem Village, Chejerla Mandal about 40 years back. The name of the petitioner is updated in the record of was 3 f . rights, and the Tahsildar issued a Pattadar Pass Book. Thereafter, the said extent of land was resumed by the Tahsildar-4‘^ respondent vide proceedings Rc.B. 15/2008 dated 05.03.2008. Thereafter, the petitioner made a representation dated 15.05.2023 to allot alternative land. The respondent allotted Ac.3-00 in Sy.No. 127/1 of Thimmayapalem Village and updated the same in the record of rights and issued a Pattadar Pass Book. Learned counsel submits that the actual possession of the land has not been handed over to the petitioner so far. Learned counsel further submits that the actual extent of land in Sy.No. 127 is Ac. 12-34 cents, however, in Adangal, it was mentioned as Ac.16-82 cents. Learned counsel further submits that the petitioner is a landless poor person. 1 A counter-affidavit was filed on behalf of the 4*^^ respondent. It was contended, inter alia, that Ac.3-00 in Sy.No.127/1 of Thimmayapalem village was allotted to the petitioner and the same was entered in Adangal and pattadar passbook. An extent of Ac.3-14 cents in Sy.No. 120/4 of Thimmayapalem Village was not acquired from the petitioner, and the same was resumed by the Government, as the assignee kept the land fallow. The petitioner made a representation to identify Ac.3-00 cents in Sy.No.127/1 of Thimmayapalem village. On inquiry, it was found that the subject land is under the possession and enjoyment of one Shaik Masthan by raising Eucalyptus trees. Action is being initiated by following due process under A.P. Assigned Lands (POT) Act, 1977. 4. Thus, as seen from the averments in Para Nos.4 and 5 of the counter affidavit, there is no dispute regarding the allotment of land in Sy.No.127/1 of Thimmayaalem village to the petitioner and updation of his name in the record of rights. It is also an undisputed fact that the possession has not been handed over to the petitioner so far. Having assigned the land and updated in the record of rights, not giving the possession to the petitioner, in the considered opinion of this court, is illegal and arbitrary. 5. 4 t Given the averments in Para Nos.4 and 5 of the counter-affidavit , the Writ Petition is disposed of directing the respondents 3 and 4 to put the petitioner in possession of an extent of Ac.3-00 cents in Sy.No. 127/1 of Thimmayapalem village or any other alternative land equivalent to an extent of Ac.3-00 cents as expeditiously as possible preferably in six months from the date of receipt of the copy of the order. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. 6. Sd/- M. SRINIVAS ASSISTANT.REGISTRAR //TRUE COPY// To, OFFICER S 1. The Principal Secretary (Revenue Department), State of Andhra Pradesh, Secretariat Building, Velgapudi, Guntur District. 2. The District Collector, Nellore, SPSR 3. The Revenue Divisional Officer, Atmakuru, SPSR Nellore District. 4. The Tahsildar, Chejarla Mandal, SPSR Nellore District. 5. One CC to SRI K PALLAVI Advocate [OPUC] 6. Two CCS to GP FOR REVENUE High Court of Andhra Pradesh [OUT] 7. Two CCS to GP FOR LAND ACQUISITION (AP) High Court of Andhra Pradesh [OUT] 8. Two CD Copies Nellore District. gsg HIGH COURT DATED: 23/07/2025 ORDER WP NO. 24041 OF 2023 & ^ 0 7 AUG 2025 S«ctigDx<^ ^'4Se4i£S!: 3i *>» DISPOSING THE WP WITHOUT COSTS