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2025 DAILYLAW 35056 (AP)

ANWAR v. The State of Andhra Pradesh,

WP/28593/2025 · 2025-10-15

Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010552972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY,THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 28593/2025 Between: 1. ANWAR, S/O LATHIF SAHEB, AGED ABOUT 74 YEARS, OCC. AGRICULTURE, R/O.D.NO. 1/7, MAIN ROAD, RAMAKUPPAM MANDAL CHITTOOR DISTRICT. 2. DILSHAD BEGUM, W/O AKBAR BASHA, AGED ABOUT 53 YEARS, OCC. AGRICULTURE, R/O.INDIRA NAGAR, RAMAKUPPAM MANDAL CHITTOOR DISTRICT. 3. PARVEEN TAJ, W/O UMMAR KHAYYOM, AGED ABOUT 47 YEARS, OCC.AGRICULTURE, R/O.D.NO. 4-144-1, INDIRA NAGAR, RAMAKUPPAM MANDAL CHITTOOR DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO REVENUE DEPARTMENT, VELAGAPUDI AMARAVATHI, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, KUPPAM, CHITTOOR DISTRICT. 4. THE TAHSILDAR, RAMAKUPPAM MANDAL CHITTOOR 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, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action on part of the respondents. No.3 and 4 in contemplating to take possession of the land in an extent of an Ac.0.40 cents in Sy.No.462- 4, Ac.0.80 cents in Sy.No.462-6, Ac.0.11 cents in Sy.No.467-4, Ac.0.23 cents in Sy.No.467-9, Ac.0.04 cents in Sy.No.468-1, Ac.0.20 cents in Sy.No.468-3, Ac.0.53 cents in Sy.No.468-15 and Ac.0.16 cents in Sy.No.467-6, Ac.0.82 cents in Sy.No.468-12, Ac.0.90 cents in Sy.No.462-3. Ac.0.45 cents in Sy.No.467-8, Ac.0.75 cents in Sy.No.468-13 and Ac.1.10 cents in Sy.No.462- 2, Ac.0.50 cents in Sy.No.467-7, Ac.0.90 cents in Sy.No.468-13, Ac.0.18 cents in Sy.No.467-5, Ac.0.80 cents in Sy.No.468-11, Ac.0.13 cents in Sy.No.468-16, Ac.0.30 cents in Sy.No.466-3 at Maneendram Revenue 2 Village, Ramakuppam Mandal, Chittoor District assigned to petitioners without passing an award or payment of compensation in pursuance of the land acquisition proceedings initiated by them as arbitrary, illegal, colorable exercise of power, being voilative of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Andhra Pradesh Amendment) Act, 2013, apart from being voilative of fundamental and Constitutional rights guaranteed to petitioners under articles 14, 19, 21 and 300 A of the Constitution of India and consequently direct the respondents No. 3 and 4 not to take possession of the land in an extent of an Ac.0.40 cents in Sy.No.462-4, Ac.0.80 cents in Sy.No.462-6, Ac.0.11 cents in Sy.No.467-4, Ac.0.23 cents in Sy.No.467-9, Ac.0.04 cents in Sy.No.468-1, Ac.0.20 cents in Sy.No.468-3, Ac.0.53 cents in Sy.No.468-15 and Ac.0.16 cents in Sy.No.467-6, Ac.0.82 cents in Sy.No.468-12, Ac.0.90 cents in Sy.No.462-3, Ac.0.45 cents in Sy.No.467-8, Ac.0.75 cents in Sy.No.468-13 and Ac.1.10 cents in Sy.No.462-2, Ac.0.50 cents in Sy.No.467-7, Ac.0.90 cents in Sy.No.468-13, Ac.0.18 cents in Sy.No.467-5, Ac.0.80 cents in Sy.No.468-11, Ac.0.13 cents in Sy.No.468-16, Ac.0.30 cents in Sy.No.466-3 at Maneendram Revenue Village, Ramakuppam Mandal, Chittoor District without payment of compensation and pass IA 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 Pleased to direct the respondents No.3 and 4 not to dispose petitioners from the land in an extent of an Ac.0.40 cents in Sy.No.462-4, Ac.0.80 cents in Sy.No.462-6,Ac.0.11 cents in Sy.No.467-4, Ac.0.23 cents in Sy.No.467-9, Ac.0.04 cents in Sy.No.468-1, Ac.0.20 cents in Sy.No.468-3, Ac.0.53 cents in Sy.No.468-15 and Ac.0.16 cents in Sy.No.467-6, Ac.0.82 cents in Sy.No.468-12, Ac.0.90 cents in Sy.No.462-3, Ac.0.45 cents in Sy.No.467-8, Ac.0.75 cents in Sy.No.468-13 and Ac.1.10 cents in Sy.No.462-2, Ac.0.50 cents in Sy.No.467- 7, Ac.0.90 cents in Sy.No.468-13, Ac.0.18 cents in Sy.No.467-5, Ac.0.80 cents in Sy.No.468-11, Ac.0.13 cents in Sy.No.468-16, Ac.0.30 cents in Sy.No.466-3 at Maneendram Revenue Village, Ramakuppam Mandal, Chittoor District without payment of compensation and following due process of law pending disposal of the above Writ Petition and pass Counsel for the Petitioner(S): 1. S PARINEETA Counsel for the Respondent(S): 1. GP FOR REVENUE 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.28593 of 2025 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action on part of the respondents No.3 and 4 in contemplating to take possession of the land in an extent of an Ac.0.40 cents in Sy.No.462-4, Ac.0.80 cents in Sy.No.462-6, Ac.0.11 cents in Sy.No.467-4, Ac.0.23 cents in Sy.No.467-9, Ac.0.04 cents in Sy.No.468-1, Ac.0.20 cents in Sy.No.468-3, Ac.0.53 cents in Sy.No.468-15 and Ac.0.16 cents in Sy.No.467-6, Ac.0.82 cents in Sy.No.468-12, Ac.0.90 cents in Sy.No.462-3, Ac.0.45 cents in Sy.No.467-8, Ac.0.75 cents in Sy.No.468-13 and Ac.1.10 cents in Sy.No.462-2, Ac.0.50 cents in Sy.No.467-7, Ac.0.90 cents in Sy.No.468-13, Ac.0.18 cents in Sy.No.467-5, Ac.0.80 cents in Sy.No.468-11, Ac.0.13 cents in Sy.No.468-16, Ac.0.30 cents in Sy.No.466-3 at Maneendram Revenue Village, Ramakuppam Mandal, Chittoor District, assigned to petitioners without passing an award or payment of compensation in pursuance of the land acquisition proceedings initiated by them as arbitrary, illegal, colorable exercise of power, being voilative of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Andhra Pradesh Amendment) Act, 2013 apart from being voilative of fundamental and Constitutional rights guaranteed to petitioners under Articles 14, 19, 21 and 300 A of the Constitution of India and consequently direct the respondents No.3 and 4 not to take possession of the land in an extent of an Ac.0.40 cents in Sy.No.462-4, Ac.0.80 cents in Sy.No.462-6, Ac.0.11 cents in Sy.No.467-4, Ac.0.23 cents in Sy.No.467-9, Ac.0.04 cents in Sy.No.468-1, Ac.0.20 cents in Sy.No.468-3, Ac.0.53 cents in Sy.No.468-15 and Ac.0.16 cents in Sy.No.467-6, Ac.0.82 cents in Sy.No.468-12, Ac.0.90 cents in Sy.No.462-3, Ac.0.45 cents in Sy.No.467-8, Ac.0.75 cents in Sy.No.468-13 and Ac.1.10 cents in Sy.No.462-2, Ac.0.50 cents in Sy.No.467-7, Ac.0.90 cents in Sy.No.468-13, Ac.0.18 cents in Sy.No.467-5, Ac.0.80 cents in Sy.No.468-11, Ac.0.13 cents in Sy.No.468-16, Ac.0.30 cents in Sy.No.466-3 at Maneendram Revenue Village, Ramakuppam Mandal, Chittoor District without payment of compensation and pass such other order or orders.…” 2. Heard Smt S.Parineeta, learned counsel for petitioners and learned Assistant Government Pleader for Revenue for respondents. 4 3. The relief sought by the petitioners in the present writ petition is not to dispossess the petitioners from the subject land without payment of compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Andhra Pradesh Amendment) Act, 2013 (hereinafter for short ‘the Act’). 4. Learned Assistant Government Pleader furnished written instructions dated 15.10.2025 addressed by the Revenue Divisional Officer, Kuppam, wherein it is stated that the grievance of the petitioners will be considered and necessary opportunity be given. It is further stated that further action will be taken to acquire subject lands as per the Act and other Rules in vogue. 5. In view of the said written instructions, the present Writ Petition is disposed of, directing the respondents to consider the grievance of the petitioners with respect to payment of compensation, if they intend to dispossess the petitioners for the purpose of acquiring the land. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 16.10.2025 KBN