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High Court of Andhra Pradesh · body

2025 DAILYLAW 42964 (AP)

MALLA BHAVANI SANKAR v. THE STATE OF AP

WP/30366/2025 · 2025-11-10

Harinath N

body2025

Judgment text

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1 HN, J W.P.No.30366_2025 APHC010547232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE ELEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 30366/2025 Between: 1. MALLA BHAVANI SANKAR, S/O THE LATE MALLA APPALANAIDU BUSINESS, AGED 50 YEARS, R/O H.NO. 6-178, GANESH NAGAR, NAGULAPALLI VILLAGE, MUNAGAPAKA MANDAL, ANAKAPALLI DISTRICT. 2. MADDALA ESWARA RAO, S/O KASI RAO, BUSINESS, AGED 47 YEARS,H.NO.9-42, VINAYAKA STREET, NEAR VINAYAKA TEMPLE, NAGULAPALLI VILLAGE, MUNAGAPAKA MANDAL, ANAKAPALLI DISTRICT. 3. MALLA RAJESWARI, W/O THE LATE MALLA APPALANAIDU, HOUSEWIFEAGED 67 YEARS, R/O H.NO. 6-178, MAIN ROAD, NEAR VINAYAKA TEMPLE, NAGULAPALLI VILLAGE, MUNAGAPAKA MANDAL, ANAKAPALLI DISTRICT. 4. MADDALA BALAKRISHNA, S/O KASI RAO, BUSINESS, HINDU, AGED 50 YEARS H.NO. 9-42, VINAYAKA STREET, NEAR VINAYAKA TEMPLE, NAGULAPALLI VILLAGE,MUNAGAPAKA MANDAL, ANAKAPALLI DISTRICT. 5. CH. GANESWARA RAO, S/O VEERASWAMY, HINDU, CULTIVATION, AGED 66 YEARS, BHEESETTI VARI STREET, NEAR RAMALAYAM, D.NO. 1- 139/1, NAGULAPALLI ILIAGE, MUNAGAPAKA MANDAL, ANAKAPALLI DISTRICT 6. KOYILADA RAMAKRISHNA, S/O APPALANAIDU, HINDU, AGED 65 YEARS CULTIVATION. NEAR VINAYAKA TEMPLE, NAGULAPALLI 2 HN, J W.P.No.30366_2025 VILLAGE, MUNAGAPAKA MANDAL, ANAKAPALLI DISTRICT. 7. POLAMARASETTI LAKSHMI, W/O THE LATE KANNAJI RAO, HOUSEWIFE HINDU, AGED 70 YEARS, R/O H.NO. 14-6-10, MADDALA VARI VEEDHI, ANAKAPALLI, ANAKAPALLI DISTRICT, PIN 531 001. 8. BHEESETTI SATYANARAYANAHINDU, S/O SURYANARAYANA, BUSINESS, HINDU, AGED 59 YEARS, GANESH NAGAR, NEAR VINAYAKA TEMPLE, H. NO. 9-30, NAGULAPALLIVILLAGE, MUNAGAPAKA MANDAL, ANAKAPALLI DISTRICT. 9. MALLA RAJARAM, S/O THE LATE VENKATA RAMANA, CULTIVATION, HINDU, AGED 67 YEARS, R/O H.NO. 5-107, PATI MEEDA, NEAR VINAYAKA TEMPLE, NAGULAPALLI, MUNAGAPAKA MANDAL, ANAKAPALLI DISTRICT. 10. KONATHALA N.V.S.S. PAVAN KUMAR, S/O ANANDA SRINIVASARAO,H.NO. 15-21-2, NORTHSIDE OF S A M KALASALA ROAD, GAVARAPALEM, ANAKAPALLI, PIN 531001. 11. MADDALA ESWARARO, S/O THE LATE MADDALA VENKATA RAO, HINDU, AGED 47 YEARS, EMPLOYEE, R/O D.NO. 5-108, GANESH NAGAR, NAGULAPALLI VILLAGE, NEAR VINAYAKA TEMPLE,MUNAGAPAKA MANDAL, ANAKAPALLI DISTRICT. 12. YELLAPU APPARO, S/O THE LATE APPARAO, HINDU, CULTIVATION, AGED 67 YEARS H.NO. 1-53, VENKAYYA VEEDHI, MAIN ROAD, MUNAGAPAKA VILLAGE AND MANDAL, ANAKAPALLI DISTRICT. 13. DODDI NAGA VENKATI SIVA SATYANARAYANA, S/O THE LATEAPPARAO, HINDU, AGED 58 YEARS, H.NO. 10-58, SANTHABAYALU, OPP VINAYAKA TEMPLE, WARD NO. 9, MUNAGAPAKA VILLAGE AND MANDAL, ANAKAPALLI DISTRICT. 14. MADA PADMA, W/O THE LATE KANNARAO, HINDU, HOUSEWIFE, H.NO. 1-20A, MAIN ROAD, MUNAGAPAKA VILLAGE AND MANDAL, ANAKAPALLI DISTRICT, PIN 531033. 15. POLIMERA KRISHNA VEERA VENKATA SATYANARAYANA,, S/O APPALA NAIDU HINDU, CULTIVATION, AGED 62 YEARS, H.NO. 12-48, MADYA VEEDHI, MUNAGAPAKA VILLAGE AND MANDAL, 3 HN, J W.P.No.30366_2025 ANAKAPALLI PIN. 531033. 16. POLIMERA ADISURYA APPA RAO,, S/O APPALA NAIDU, CULTIVATION, HINDU, AGED 69 YEARS. MIDDLE STREET, MUNAGAPAKA VILLAGE AND MANDAL, ANAKAPALLI DISTRICT, PIN 531033. 17. MADA PARVATHI, W/O KANNARAO, HINDU, HOUSEWIFE, AGED 44 YEARS, D.NO. 1-20, MAIN ROAD, MUNAGAPAKA VILLAGE AND MANDAL, ANAKAPALLI DISTRICT. 18. PENTAKOTA A.V.M. NAIDU,, S/O THE LATE ADINARAYANA, RETIRED EMPLOYEE, AGED 65 YEARS, R/O THIMMARAJUPETA, NEAR MARIDIMAMBA AMMAVARI TEMPLE, MUNAGAPAKA MANDAL, ANAKAPALLI DISTRICT, PIN 531033 19. YELLAPU THRINADH KUMAR, S/O THE LATE APPARAO, AGED 65 YEARS, BUSINESS. R/O FLAT NO. 201, SURYA LAKSHMI APARTMENTS, EAST POINT COLONY, NEAR VUDA PARK, VISAKHAPATNAM PIN 530017. 20. KORIBILLI ADILAKSHMI, W/O. APPARAO, 3-3-71, OLD CURRENT OFFICE VEEDHI, NARASINGRAO PETA, VINAYAKA TEMPLE, ANAKAPALLI,VISAKHAPATNAM, ISAKHAPATNAM-531 001. 21. KANDREGULA LAKHSMI,, W/O. SATYANARAYANA, AGED 67 YEARS, R/O. 25-57/1, ATCHUTHAPURAM MD, HARIPALEM,THIMMARAJUPETA, VISAKHAPATNAM, ANDHRA PRADESH. 22. KANDREGULA SIVARAMA GANESH, S/O. UNKNOWN, AGED 45 YEARS, R/O. 1-48, ATCHUTHAPURAM MD, HARIPALEM, THIMMARAJUPETA, VISAKHAPATNAM, ANDHRA PRADESH. 23. KORIBILLI MAHALAKSHMI, C/O. CHIRANJEEVI DADI, AGED 42 YEARS R/O. 3-3- 71, NARASINGARAO PETA, ANAKAPALLI, VISAKHAPATNAM, ANDHRA PRADESH-531 001. ...PETITIONER(S) AND 1. THE STATE OF AP, REP., BY ITS PRINCIPAL SECRETARY- MA AND UD DEPARTMENT, SECRETARIAT, VELAGAPUDI, 4 HN, J W.P.No.30366_2025 AMARAVATI, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, ANAKAPALLI DISTRICT, ANDHRA PRADESH 3. THE REVENUE DIVISIONAL OFFICER, ANAKAPALLI DISTRICT, ANDHRA PRADESH 4. THE TAHSILDAR, MUNAGAPAKA MANDAL, ANAKAPALLI DISTRICT, ANDHRA PRADESH 5. THE ROAD AND BUILDINGS DEPARTMENT, ANAKAPALLI DIVISION, REP., BY ITS EXECUTIVE ENGINEER, ANAKAPALLI, ANAKAPALLI DISTRICT, ANDHRA PRADESH 6. THE VISAKHAPATNAM METROPOLITAN REGIONAL DEVELOPMENT, AUTHORITY, REP., BY ITS METROPOLITAN COMMISSIONER, OFFICE LOCATED AT 9TH FLOOR, UDYOG BHAVAN COMPLEX, SIRIPURAM, VISAKHAPATNAM 530003, ANDHRA PRADESH ...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 topleased to issue a Writ of Mandamus declaring the action of the respondent No. 3 to 6 herein in interfering with the peaceful possession and enjoyment of our lands situated at JP Agraharam, Munagapaka and Nagulapalli Villages of Munagapaka Mandal and Haripalem and Kondakarla Villages of Atchutapuram Mandal, of Anakapalli District, Andhra Pradesh, which were notified in the notification vide RC No. 27/2016/G3 Dt- 02.12.2020 for widening of the road on the request of the respondent No.5, without following procedure as contemplated under the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013) as illegal. arbitrary, unjust and also in violation of our rights under Article 300-A of the Constitution of India and consequently, direct the respondents more particularly, the respondent No.3 to 6 herein not to interfere with our respective properties situated at JP Agraharam, Munagapaka and Nagulapalli Villages of Munagapaka Mandal and Haripalem and Kondakarla Villages of Atchutapuram Mandal, of Anakapalli District, Andhra Pradesh which were notified in the notification vide RC No. 27/2016/G3 Dt 02.12.2020 and to pass 5 HN, J W.P.No.30366_2025 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 more particularly respondent No.5 and 6 to maintain Status Quo in regard to road alignment plan from Anakapalli 80 Mts bypass road to Atchutapuram junction in pursuance to the notification vide RC No. 27/2016/G3 Dt- 02.12.2020, during the pendency of this Writ Petition and to pass Counsel for the Petitioner(S): 1. K S S NARAYANA Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR REVENUE 3. GP MUNCIPAL ADMN AND URBAN DEV AP 6 HN, J W.P.No.30366_2025 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 30366 of 2025 ORDER: 1. The learned counsel for the petitioners submits that the petitioners are in possession and enjoyment of various extents of land which are abutting the road and the respondents vide a notification issued in the year 2020 proposed to acquire the lands of the petitioners, however, the notification was issued. The some of the affected parties have filed W.P.Nos.151 of 2025 and this Court vide order dated 23.01.2025 disposed of the writ petition at the admission stage recording the written instructions of the Government Pleader appearing for the revenue department that the respondents shall follow the guidelines of G.O.Ms.No.562 Revenue (L.A) Department dated 13.11.2018. 2. The learned counsel for the petitioner further submits that in the event the respondents adhere to the guidelines of G.O.Ms.No.562, the petitioners have no objection for parting with their land subject to respondents complying with the guidelines. 3. The learned Government Pleader appearing for the respondents clearly concedes that the government is willing to comply with the directions of G.O.Ms.No.562. 4. Recording the same, the present writ petition is disposed off, directing the respondents to comply with the guidelines of G.O.Ms.No.562 7 HN, J W.P.No.30366_2025 Revenue (L.A) Department dated 1311.2018. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:11.11.2025 NKA 8 HN, J W.P.No.30366_2025 173 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 30366 of 2025 Date: 11.11.2025 NKA