APHC010675662022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 40151/2022 Between: 1. K V RAMAKRISHNA RAO, S/O LATE SRI VENKATA RANGA RAO, HINDU, AGE. 54 YEARS, OCC. BUSINESS, R/O DOOR NO. 6-12-18, MAIN ROAD, NARASAPUR - 534 275, WEST GODAVARI DISTRICT ...PETITIONER AND 1. OIL AND NATURAL GAS CORPORATION LIMITED ONGC, A GOVERNMENT OF INDIA ENTERPRISE, HAVING ITS REGISTERED OFFICER AT NO.5, NELSON MANDELA MALL, VASANTA KUNJ, NEW DELHI - 110 070, REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR 2. THE ASSET MANAGER, OIL AND NATURAL GAS CORPORATION LIMITED (ONGC), ONGC GODAVARI BHAVAN, BASE COMPLEX, RAJAMAHENDRAVARAM - 533 106, EAST GODAVARI DISTRICT 3. THE BASIN MANAGER, OIL AND NATURAL GAS CORPORATION LIMITED (ONGC), ONGC GODAVARI BHAVAN, BASE COMPLEX, RAJAMAHENDRAVARAM - 533 106, EAST GODAVARI DISTRICT 4. THE HEAD H R, OIL AND NATURAL GAS CORPORATION LIMITED (ONGC), ONGC GODAVARI BHAVAN, BASE COMPLEX, RAJAMAHENDRAVARAM - 533 106, EAST GODAVARI 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 2 Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in rejecting the request of the petitioner to return the land of a total extent of Ac. 2.43 Cents in Sy.Nos. 46515A, 465/5H, 460, 467/7C, 466, 46515B and 46515G in Narsapuram Municipal limits of West Godavari District as illegal, arbitrary and without authority of law and consequently direct the respondents to return the land of the petitioner forthwith in the interest of justice and pass IA NO: 1 OF 2022 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 to pay the rent on andpre Yard basis from the date of taking possession till the land is vacated and handed over to the petitioner by deducting the lease amount already paid on acreage basis in respect of the land of a total extent of Ac. 2.43 Cents in Sy.Nos. 2.43 Cents in Sy.Nos. 465/5A, 465/5H, 460, 467/7C, 466, 465/5B and 465/5G in Narsapuram Municipal limits of West Godavari District, pending disposal of the present writ petition and pass Counsel for the Petitioner: 1. N SIVA REDDY Counsel for the Respondent(S): 1. D S SIVADARSHAN The Court made the following: 3 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking to declare the action of the 4th respondent in rejecting the request of the petitioner to return the land of a total extent of Acs.2.43 cents in Sy.Nos.465/5A, 465/5H, 460, 467/7C, 466, 465/5B and 465/5G in Narsapuram Municipal limits, West Godavari District, as illegal and arbitrary. 2. Heard Sri N. Siva Reddy, learned counsel for the petitioner, and Sri D.S. Sivadharshan, learned Standing Counsel for ONGC appearing for the respondents and perused the record. 3. The petitioner is the owner of the land shown in the table below. RS No. Total extent of land (in Acres) Land in the occupation of ONGC 465/5A Ac. 1.52 Cents Ac. 0.64 Cents 465/5H & 460 Ac. 1.24 Cents Ac. 0.11 ½ Cents 467/7C Ac. 0.48 Cents Ac. 0.48 Cents 466 Ac. 0.50 Cents Ac. 0.50 Cents 465/58 & 465/5G Ac. 0.95 ¾ Cents Ac. 0.54 ¾ Cents Total Ac. 4.69 ¾ Ac. 2.28 ¼ Cents 4. Out of a total of Acs. 4.69¾ cents of land, an extent of Acs. 2.28¼ cents is currently occupied by the Oil and Natural Gas 4 Corporation (ONGC), 1st respondent herein, for carrying out oil exploration. 5. The petitioner has requested the respondents to handover the land to settle his financial debts. However, the respondents have refused to vacate the land stating that the land is being used for operational purposes. 6. Learned counsel for the petitioner submits that although the petitioner insists on delivering vacant possession of the land, the respondents have not yet handed it over to the petitioner. Furthermore, the respondents are paying a meager amount of Rs.18,225/- for six months, which is illegal and arbitrary. 7. On the other hand, Sri D.S. Sivadharshan, learned Standing Counsel for the ONGC, appearing for the respondents, submits that the land was used by the ONGC for operational purposes until 2021. Thereafter, the ONGC ceased its operations on the said land in 2023 and took steps to hand over the land in 2024. 8. The Tahsildar, in its report, submitted that peg marking is complete. As per the SOP and the new land acquisition policy of the ONGC, the restoration will be completed within 278 days after forming the Joint Committee. 5 9. The learned Standing Counsel for the respondents, on instructions, submits that the Committee has started its work on 04.07.2025 and will complete the work by the end of 08.04.2026 i.e,, on completion of 278 days. He further submits that a total lease amount of Rs. 59,735/- was paid to the petitioner in two instalments, one of which has already been paid, while the second is in progress. 10. In view of the above and since the respondents have already submitted before the Court that the Joint Committee has already commenced its work to remove all the constructions made in the petitioner’s property, this Court feels it appropriate to dispose of the writ petition by directing the respondents to vacate and hand over the subject land to the petitioner by 15.04.2026, without further delay. 11. Accordingly, the Writ Petition is disposed of. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. ______________________________ SMT JUSTICE SUMATHI JAGADAM 24th September, 2025 cbn 6 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION No.40151 of 2025 24th September, 2025 cbn