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2025 DAILYLAW 41647 (AP)

TAMMINEEDI VENKATRAMAYYA v. THE STATE OF AP

WP/3749/2021 · 2025-11-02

B Krishna Mohan

body2025

Judgment text

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APHC010061322021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY,THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 3749/2021 Between: 1. TAMMINEEDI VENKATRAMAYYA, S/O.SARVARAYUDU AGE 62 YEARS, OCC.BUSINESS R/O.ELAMANCHILI VILLAGE AND MANDAL WEST GODAVARI DISTRICT, A.P. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPT, STATE SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT ELURU,WEST GODAVARI DISTRICT, A.P. 3. THE REVENUE DIVISIONAL OFFICER, NARASAPURAM REVENUE DIVISION NARASAPURAM, WEST GODAVARI DISTRICT, A.P. 4. THE TAHASILDAR, ELAMANCHILI MANDAL WEST GODAVARI DISTRICT, A.P 5. NALLURI CHIDAMBARA RAO, S/O.PEERAYYA AGE 44 YEARS, OCC.BUSINESS RESIDENT OF 15-1-6/1, RANGAANNARPETA PALAKOL, WEST 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 Court may be pleased toto pass an order or writ or direction, more preferably one in the 2 HBKM,J W.P.No.3749 of 2021 nature of a writ of mandamus declaring the transaction of sale under land acquisition by the respondents with the 5th respondent for the land in R.S.No.416-2A to an extent of Ac.3-21 cents situated at Kontheru Village riamancrun Mandal for housing sites under the scheme of Navaratnalu is null and void being 5th respondent is holder of General Power of attorney contrary to Judgement of apex Court in Suraj Lamp and Industries Pvt. Ltd Vs. State of Haryana and Another reported in MANU/SC/1222/2011 ..AIR 2012 SC 206 and the property stemmed out of benami transactions of NBFC, promoters and its associates involved in a financial fraud amounting to Rs.130crore (approx.) and pending adjudication of Insolvency suits under insolvency act and writ petitions and investigation of financial fraud under 420 IPC and 5 of the A.P. Protection of Depositors and Financial Establishments Act, 1999 in Crime No.342 of 2019 PS Palakol Town as illegal, arbitrary, impermissible and violative of the rights of the petitioner under Article 14 of the Constitution of India consequently direct the land acquisition proceedings in respect of the land in R.S.No.416-2A to an extent of Ac.3-21 cents situated at Kontheru Village, Elamanchili Mandal and pass IA NO: 1 OF 2021 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 not to allot and distribute housing pattas in respect land in R.S.No.416-2A to an extent of Ac.3-21 cents situated at Kontheru Village, Elamanchili Mandal, West Godavari District and pass Counsel for the Petitioner: 1. N N SOMENDRA REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE 3 HBKM,J W.P.No.3749 of 2021 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondent Nos.1 to 4. Inspite of service of notice, none appears for the 5th respondent. 2. This writ petition was filed declaring the transaction of sale under land acquisition by the respondents with the 5th respondent for the land in R.S.No.416-2A to an extent of Ac.3-21 cents situated at Kontheru Village, Elamanchili Mandal for housing sites under the scheme of Navaratnalu is null and void being the 5th respondent is a holder of General Power of Attorney contrary to the Judgment of Apex Court in Suraj Lamp and Industries Pvt. Ltd. Vs. State of Haryana and Another reported in MANU/SC/1222/2011 ::AIR 2012 SC 206 and the property stemmed out of benami transactions of NBFC, promoters and its associates involved in a financial fraud amounting to Rs.130crore (approx.) and pending adjudication of Insolvency suits under insolvency act and writ petitions and investigation of financial fraud under 420 IPC and 5 of the A.P. Protection of Depositors and Financial Establishments Act, 1999 in Crime No.342 of 2019 PS Palakol Town. 3. On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 4th respondent dated 02.11.2025 submits that the acquisition process was completed by following the due process of law as prescribed in the AP RFCTLARR Act-2013 as amended by Act 22 of 2018 and the said acquired land was also taken possession for distribution of 4 HBKM,J W.P.No.3749 of 2021 House Site Pattas. The house site pattas were also distributed on 04.01.2021 in the above said acquired lands/the subject land in an extent of Ac.3.21 cents in R.S.No.416-2A and the grounding work of house sites are also under process to the beneficiaries as per their allotment. 4. In view of the same, no relief can be granted in this writ petition. However, in respect of the other prayers, if any, if the petitioner has locus, he can pursue in accordance with law by following the procedure before the appropriate authorities concerned. The written instructions of the 4th respondent dated 02.11.2025 shall be made as part of the Court record. 5. Accordingly, this Writ Petition is disposed of. Interim order if any deemed to have been vacated. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 03.11.2025 PGT