SUNKESULA PEDDA MEHBOOB BASHA v. State of Andhra Pradesh,
WP/35095/2022 · 2025-03-10
T C D Sekhar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35907 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35907 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA (Special Original Jurisdiction) MONDAY. THE TENTH DAY OF TWO THOUSAND AND TWENTY FIVE io PRESENT THE HONOURABLE SRI JUSTICE PRADESH AMARAVATI O’ MARCH 50'> Oi * t.c.d.sekhar WRIT PETITION NO: pp 2099 Between:
1. Sunkesula Pedda Mehboob 65 years. Occ; Agriculturist. Mandal. YSR Kadapa District. 2. Sunkesula Haseena Begum, years, Occ; Agriculturist, R/o D.No. YSR Kadapa District. Basha, S/o Mehboob Sasheb, R/o D.No. 1-70, Moilla aged about kaluva, Valluru W/o Mehboob Basha Aged about 60 1-70, Moilla kaluva, Valluru Mandal, ...Petitioners AND
1. state of Andhra Pradesh, Rep. by its Principal Secretary
2. The District Collector, YSR Kadapa
3. The Revenue Divisional officer. 4. The Mandal Tahsildhar, Valluru
5. The Director, Airport Authority of India , District. Kadapa, YSR Kadapa District, mandal, YSR Kadapa Dist. Kadapa, YSR Kadapa District. ...Respondents Petition under Article 226 the circumstances stated in the affidavit filed therewith be pleased to issue a writ, order or direction of the Constitution of India praying that in the High Court may more particularly one in the
nature of mandamus declaring the action of the paying the compensation i respondents 2 to 5 in not m respect of the lands being an extent of Ac 5.00 cents each in Sy No. 127 respectively situated Valluru Mandal, YSR Kadapa District and tress, thereon as iilegal, arbitrary and violation at Tollaganganapalle village wells and structures existing of principles of natural justice and article 14, 21 and 300-A of the Constitution of India and contrary to the provisions of right to fair compensation, Transparency and Rehabilation Resettlement Act 2013 and consequently direct the respondents to pay the compensation after following the procedure prescribed
2013. under the Act 30 of \A NO: 1 OF 9000 Petition under Section 151 CPC stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3rd respondent to initiate appropriate action letter vide Ref No. G1/861/2018 praying that in the circumstances as per the dated 06.08.2022 issued by the 2nd respondent for payment of compensation in respect of the lands being extent of Ac 5.00 cents each in Sy No. 127 respectively situated Tollaganganapalle village, Valium Mandal an at YSR Kadapa District and tress pending disposal of the writ petition. wells and structures existing thereon Counsel for the Petitioner: SRI. P NARASIMHULU Counsel for the Respondent No. Counsel for the Respondent Nos.
Counsel for the Respondent No. The Court made the following order:
1: GP FOR LAND ACQUISITION 2 to 4: GP FOR REVENUE 5: M/S T V SRIDEVI
APHC010579302022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] MONDAY ,THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 35095/2022 Between: Sunkesula Pedda Mehboob Basha and Others ...PETITIONER(S) AND ...RESPONDENT(S) State Of Andhra Pradesh and Others Counsel for the Petitioner(S):
1.P NARASIMHULU Counsel for the Respondent(S):
1.GP FOR REVENUE 2.GP FOR LAND ACQUISITION 3.T VSRI DEVI
f € 2 The Court made the following order: The petitioners claim that they were issued DKT pattas for land admeasuring an extent of Ac.5.00 cents each in Sy.No.127 of Tollaganganapalle Village, Vallur Mandal, YSR Kadapa District, in the year 1981. They further contend that, at the time of assignment, the land was not fit for cultivation and with their hard labor, made the land cultivable. It is further case of the
1. petitioners that, since the date of grant of pattas, they have been in continuous and uninterrupted possession of the subject land and eking out their livelihood by doing agricultural activities. The petitioners also claim that, they dug a bore well and constructed a small room on the subject land. Further, their names were also mutated in the revenue records. It is further the case of the petitioners that, the
2. subject land was taken for construction of Kadapa Airport, and in furtherance thereof, the 5*^ respondent constructed a compound wall around the subject land. In those circumstances, the petitioner made a representation dated 01.07.2022 to respondent Nos.2 to 4, seeking to protect their rights over the subject land. In ■) pursuance of the said representation, the 2 respondent, vide
3 letter dated 06.08.2022, directed the 3'"'^ respondent to conduct enquiry into the matter and take necessary action as per the rules, nevertheless, petitioners were dispossessed from the subject land without following due process of law and without paying compensation. On the other hand, the 3^*^ respondent filed counter
3. affidavit stating that the petitioners’ representation dated 01.07.2022 was forwarded to the 3’’^ respondent by the 2 nd respondent.
However even before the enquiry is commenced, the petitioners approached this Court. It is further contended that, in view of the pendency of the writ petition, no further action is taken in the matter. Having considered the facts and circumstances of the case, this Court feels that, it is appropriate to dispose of the writ petition by directing the 3'"“ respondent to conduct enquiry and to take necessary action in the matter and to pass appropriate orders within a period of eight (08) weeks from the
4. date of receipt of copy of this order. ► 4 It is needless to mention that, before passing such orders, an opportunity of being heard shall be afforded to the
5. petitioners. 6. Accordingly, the present writ petition is disposed of. No order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, Revenue(Land Acquisition) Department, State of Andhra Pradesh, Secretariat Buildings,Velagapudi, Guntur District. 2. The District Collector, YSR Kadapa. District. 3. The Revenue Divisional officer, Kadapa, YSR Kadapa District. 4. The Mandal Tahsildhar, Valluru mandal, YSR Kadapa Dist. 5. The Director, Airport Authority of India, Kadapa,YSR Kadapa District. 6. One CC to Sri. P Narasimhulu Advocate [OPUC]
7. One CC to M/s T V Sridevi Advocate [OPUC]
8. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT]
9. Two CCs to GP for Land Acquisition, High Court Of Andhra Pradesh. [OUT] Three CD Copies
10. GSC
HtGH COURT DATED:10/03/2025 ORDER WP.No.35095 of 2022 5 0<I*PR?025 S . Current Section DISPOSING OF THE WP WITHOUT COSTS