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2025 DAILYLAW 33286 (AP)

SANGISETTY SREENIVASULU v. THE STATE OF AP

WP/25515/2025 · 2025-09-18

Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010498202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] FRIDAY, THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 25515/2025 BETWEEN: 1. SANGISETTY SREENIVASULU, S/O. PEDDA VENKATA SUBBAIAH AGED ABOUT 41 YEARS, R/O. C.S. PURAM VILLAGE AND MANDAL PRAKASAM DISTRICT, ANDHRA PRADESH 2. SANGISETTY VENKATAMMA, W/O. SUBBAIAH AGED ABOUT 79 YEARS, R/O. C.S. PURAM VILLAGE AND MANDAL PRAKASAM DISTRICT, ANDHRA PRADESH 3. S.OOSA SUBBAIAH, S/O. NARASAIAH AGED ABOUT 54 YEARS, R/O. C.S. PURAM VILLAGE AND MANDAL PRAKASAM DISTRICT, ANDHRA PRADESH 4. 0OSA VENKATESWARLU, S/O. NARASAIAH AGED ABOUT 49 YEARS, R/O. C.S. PURAM VILLAGE AND MANDAL PRAKASAM DISTRICT, ANDHRA PRADESH 5. SANGISETTY VENKATESWARLU, S/O. PEERAIAH AGED ABOUT 60 YEARS, R/O. C.S. PURAM VILLAGE AND MANDAL PRAKASAM DISTRICT, ANDHRA PRADESH 6. SANGISETTY RAMESH, S/O. VENKATESWARLU AGED ABOUT 38 YEARS, R/O. C.S. PURAM VILLAGE AND MANDAL PRAKASAM DISTRICT, ANDHRA PRADESH 7. SANGISETTY VENKATESWARLU, S/O. CHINNA THIRUPATHAIAH AGED ABOUT 73 YEARS, R/O. C.S. PURAM VILLAGE AND MANDAL PRAKASAM DISTRICT, ANDHRA PRADESH 8. ROMPERLA NAGESWARA RAO, S/O. ANKAIAH AGED 50 YEARS, R/O. GUNTHACHENNAMPALLI VILLAGE C.S. PURAM MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH 9. EERISETTY VENKATESWARLU, S/O. LATE RAMAIAH AGED ABOUT 52 YEARS, R/O. GUNTHACHENNAMPALLI VILLAGE C.S. PURAM MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH 2 10. GERA SWARNA LATHA, W/O. NARASIMHA RAO AGED ABOUT 46 YEARS, R/O. C.S. PURAM VILLAGE AND MANDAL PRAKASAM DISTRICT, ANDHRA PRADESH 11. MANNEPALLI RAVANAMMA, W/.O. CHINNI AGED ABOUT 53 YEARS, R/O. C.S. PURAM VILLAGE AND MANDAL PRAKASAM DISTRICT, ANDHRA PRADESH 12. MUTYALA NARAYANA REDDY, S/O. CHINNAPA REDDY AGED ABOUT 51 YEARS, R/O. AYYALURIVARIPALLE VILLAGE C.S. PURAM MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH ...PETITIONER(S) AND 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE COLLECTORDISTRICT MAGISTRATE, PRAKASAM DISTRICT, ONGOLE, ANDHRA PRADESH. 3. 3. THE JOINT COLLECTOR, PRAKASAM DISTRICT, ONGOLE, ANDHRA PRADESH. 4. 4. THE COMPETENT AUTHORITY LA JOINT COLLECTOR, PRAKASAM DISTRICT, ONGOLE, ANDHRA PRADESH. 5. 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 NO.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 more particularly the action of the respondents in trying to disposes the petitioners from their respective lands in an extent and Sy. Nos - Ac.2.13 Cents in Sy. No. 170-6, Ac. 1.61 Cents in Sy. No. 170-5, Ac.0.83 Cents Ac.0.47 Cents in Sy. No. 170-2 4, Ac. 1.04 Cents in Sy. No. 170-3, Ac. 0.14 Cents in Sy. No.171-3, Ac.0.31 Cents Ac.0.34 Cents in Sy. No.171-4, 171-5, Ac.0.12 Cents Ac.0.38 Cents in Sy. No. 171 -1,172-4, Ac.0.23 Cents Ac.0.25 Cents in Sy. No. 172-2, 172-3, Ac.0.59 Cents in Sy. No. 144- 2, Ac. 1.68 Cents in Sy No. 143-4, Ac. 2.00 Cents in Sy No. 143-1, 3 Ac. 3.00 in Sy. No. 143-2, Ac. 0.70 in Sy. No. 143-4, Ac. 1.50 Cents in Sy. No. 143-3, Ac.0.58 Cents Ac.0.34 Cents in Sy. Nos. 142-1 142- 2, Ac.0.28 Cents in Sy. No. 142-4, Ac.0.34 Cents inSy. No. 141-3, Ac.0.69 Cents in Sy. No. 141-2, Ac. 1.30 Cents in Sy. No. 141- 1, Ac. 1.00 Cents in Sy. No. 140-1, Ac. 1.11 Cent in Sy. No. 140-1, Ac. 1.17 Cents in Sy. No. 140-5, Ac.0.99 Cents in Sy. No. 140-5, Ac.0.11 Cents in Sy. No. 138- 3, Ac.2.08 Cents in Sy. No. 112-7, Ac. 1.95 Cents in Sy. No. 109-2, Ac.0.08 Cents in Sy. No. 109-1, Ac.0.76 Cents in Sy. No. 108-5 and Ac.2.53 Cents in Sy. No. 108-4 of Darsi Thimmakkapalli Village, C.S. Puram Mandal, Prakasam District without determining and depositing the compensation amount in favour of the petitioners as per Section 3 E (1), 3 H (1) and (2) of National Highways Act, 1956 is illegal, arbitrary, unjust and violative of Articles 14, 21 and 300-Aof the Constitution of India and consequently direct the respondents to determine and deposit the eligible compensation amount i.e. Rs 6,80,985/- per acre and fixed as per the award along with interest to all the petitioners as per Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation And Resettlement Act, 2013 (RFCTLARR) and also further direct the respondents to pay the compensation in favour of the petitioners 1 and 23 towards structures (Trees) existed in their respective lands on par with others and pass Counsel for the Petitioner(S): 1. KAVITHA GOTTIPATI Counsel for the Respondent(S): 1. GP FOR LAND ACQUISITION The Court made the following: 4 ORDER: The present Writ Petition is filed under Article 226 of Constitution of India for the following relief/s: “………to issue a writ, order or direction more particularly one in the nature of a writ of mandamus, declaring the action of the respondents more particularly the action of the respondents in trying to dispossess the petitioners from their respective lands in an extent and Sy.Nos. – Ac.2.13 Cents in Sy.No.170-6, Ac.1.61 Cents in Sy.No.170-5, Ac.0.83 Cents & Ac.0.47 Cents in Sy.No.170-2 & 4, Ac.1.04 Cents in Sy.No.170-3, Ac.0.14 Cents in Sy.No.171-3, Ac.0.31 Cents & Ac.0.34 Cents in Sy.No.171-4, 171-5, Ac.0.12 Cents & Ac.0.38 Cents in Sy.Nos.171-1, 172-4, Ac.0.23 Cents & Ac.0.25 Cents in Sy.No.172-2, 172-3, Ac.0.59 Cents in Sy.No.144-2, Ac.1.68 Cents in Sy.No.143-4, Ac.2.00 Cents in Sy.No.143-1, Ac.3.00 in Sy.No.143-2, Ac.0.70 in Sy.No.143-4, Ac.1.50 Cents in Sy.No.143-3, Ac.0.58 Cents & Ac.0.34 Cents in Sy.Nos.142-1 & 142-2, Ac.0.28 Cents in Sy.No.142-4, Ac.0.34 Cents in Sy.No.141-3, Ac.0.69 Cents in Sy.No.141-2, Ac.1.30 Cents in Sy.No.141-1, Ac.1.00 Cents in Sy.No.140-1, Ac.1.11 Cents in Sy.No.140-1, Ac.1.17 Cents in Sy.No.140-5, Ac.0.99 Cents in Sy.No.140-5, Ac.0.11 Cents in Sy.No.138-3, Ac.2.08 Cents in Sy.No.112-7, Ac.1.95 Cents in Sy.No.109-2, Ac.0.08 Cents in Sy.No.109-1, Ac.0.76 Cents in Sy.No.108-5 and Ac.2.53 Cents in Sy.No.108-4 of Darsi Thimmakkapalli village, C.S. Puram Mandal, Prakasam District 5 without determining and depositing the compensation amount in favour of the petitioners as per Section 3E(1), 3H(1) and (2) of National Highways Act, 1956 is illegal, arbitrary, unjust and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents to determine and deposit the eligible compensation amount i.e. Rs.6,80,985/- per acre and fixed as per the award along with interest to all the petitioners as per Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR) and also further direct the respondents to pay the compensation in favour of the petitioners 1 and 23 towards structures (Trees) existed in their respective lands on par with others and pass such other order or orders….. 2. Heard Mrs. Kavitha Gottipati, learned counsel for the petitioners, Learned Government Pleader for Land Acquisition and Sri Thandav Yogesh, learned counsel for the Respondent No.7. 3. Both the counsel for the petitioners and respondents jointly stated that the issue is covered by order dated 22.08.2025 in W.P. No.22233 of 2025. Wherein, this Court inter alia directed the writ petitioners therein to approach the Arbitrator/Collector for redressal of their grievance and further the arbitrator was directed to address/ examine the same after giving an opportunity to the petitioners and communicate the decision to the petitioners therein. 6 3. Considering the same, the present Writ Petition is disposed of directing the Writ Petitioners to approach the Arbitrator/Collector within a period of two weeks from the date of receipt of the copy of the order for redressal of their grievance. Further, the arbitrator is directed to address/ resolve the dispute, after giving an opportunity to the petitioners and communicate the decision to the petitioners within a period eight weeks therefrom. There shall be no order as to costs. As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 19.09.2025 Harin 7 657 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.25515 of 2025 Date: 19.09.2025 Harin