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2025 DAILYLAW 41485 (AP)

Valireddi ARJUN RAO v. THE STATE OF A.P.

WP/8908/2018 · 2025-11-02

Ninala Jayasurya

body2025

Judgment text

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APHC010205132018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3209] MONDAY, THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 8908/2018 Between: 1. VALIREDDI ARJUN RAO, OCC. AGRICULTURE, R/O D.NO.135-A, ANANTAPALLI VILLAGE, NALLAZERLLA MANDAL, WEST GODAVARI DISTRICT. 2. BALAJI APPA RAO, OCC. AGRICULTURE, R/O D.NO.3-135 AND 3- 136, ANANTAPALLI VILLAGE, NALLAZERLLA MANDAL, WEST GODAVARI DISTRICT. 3. KELLASHIMHACHALAM, OCC. HOUSE WIFE, R/O D.NO.3-131, ANANTAPALLI VILLAGE, NALLAZERLLA MANDAL, WEST GODAVARI DISTRICT ...PETITIONER(S) AND 1. THE STATE OF A P, REP BY ITS PRINCIPAL SECRETARY, PANCHYATH RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ELURU, WEST GODAVARI DISTRICT, 3. THE MPDO, NALLAZERLLAMANDAL, WEST GODAVARI DISTRICT. 4. THE ANANTHAPALLI PANCHAYAT, ANANTHAPALLI VILLAGE, NALLAZERLLA MANDAL, WEST GODAVARI DISTRICT, REP. BY ITS EXECUTIVE OFFICER/PANCHYAT SECRETARY. ...RESPONDENT(S): 2 NJS,J W.P.No.890/2018 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 Order or a Direction or a Writ more one in the nature of Writ of Mandamus by declaring the action of the respondents herein for not implementing Fair Compensation and transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and not following any due process of law and without paying any compensation while proceeding further for widening the road in their respective houses, as illegal, arbitrary, autocratic, ultravires and against to the principles of natural justice and consequently direct the respondents herein to pay compensation by following due process of law by following the Fair Compensation and transparency in Land Acquisition, Rehabilitation and Resettlement Act-2013, pertaining to the petitioners' houses respectively (1)House, No135-A, Assessment No.1488, (2)No.3-135 and 3-136, assessment No.327 and 328, (3) No.3-131, assessment No.319, situated at Anantapalli village of Nallazerlla Mandal, W.G. Dist, in the interests of justice and consequently not to dispossess and not to interfere from their respective houses. IA NO: 1 OF 2018 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 pass an interim Order by way of direction to the respondents not to dispossess or demolish the petitioners' respective houses (1) No.135-A, Assessment No.1488, (2) No.3-135 and 3-136 , assessment No.327 and 328, (3) No.3-131, assessment No.319, situated at Anantapalli village of Nallazerlla Mandal, W.G.Dist, pending disposal of the above writ petition. Counsel for the Petitioner(S): 1. K V SESHAGIRI RAO Counsel for the Respondent(S): 1. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 2. GP FOR PANCHAYAT RAJ RURAL DEV (AP) 3 NJS,J W.P.No.890/2018 The Court made the following ORDER: Heard Sri K.V.S.S. Prabhakara Rao, learned counsel represented Sri K.V. Seshagiri Rao, learned counsel for the petitioners, who made submissions with reference to the counter-affidavit filed on behalf of respondent Nos.3 and 4. He submits that the widening of Anantapalli main road was dropped and the respondents have taken steps to acquire lands in different village. In view of the same, the Writ Petition is closed. However, the petitioners are at liberty to work out their remedies in the event fresh cause of action arises. There shall be no order as to costs. Consequently, the Miscellaneous Applications pending, if any, shall also stand dismissed. ____________________ NINALA JAYASURYA,J Dated: 03.11.2025 KAS 4 NJS,J W.P.No.890/2018 93 THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 8908/2018 Dated: 03.11.2025 KAS