i IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) j WEDNESDAY. THE THIRTIETH DAY OF APRIL jh TWO THOUSAND AND TWENTY FIVE ^ PRESENT ^ THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9960 OF 2025 Between: 1. S. Malleswari, W/o Vijaya Bhaskar Reddy, aged about 54 years, Occ cultivation, R/o Sirasanambedu village, Pellakuru Mandal, Tirupathi District. 2. B.Sobhamma, W/o Mallikarjun Reddy, aged about 64 years, Occ Cultivation R/o Sirasanambedu village, Pellakuru Mandal, Tirupathi District. 3. B.Sudhakar Reddy, S/o Gangi Reddy, aged about 58 years, Occ Cultivation R/o Sirasanambedu village, Pellakuru Mandal, Tirupathi District. 4. P.Hymavathamma, W/o Jayarami Reddy, aged about 66 years, Occ Cultivation, R/o Sirasanambedu village, Pellakuru Mandal, Tirupathi District. 5. B.Balamma, W/o Ramachandra Reddy, aged about 74 years, Occ Cultivation, R/o Sirasanambedu village, Pellakuru Mandal, Tirupathi District. ...PETITIONERS AND 1. The State of Andhra Pradesh, rep by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Tirupathi District at Tirupathi. 3. The Joint Collector, Tirupathi, Tirupathi District. 4. The Revenue Divisional Officer, Sullurpet Division, Sullurpet, Tirupathi. District. 5. The Tahsildar, Pellakuru Mandal, Pellakuru, Tirupathi District. 6. The Andhra Pradesh Industrial Infrastructure Corporation, Rep by its Managing Director, Mangalagiri, Guntur District. ...RESPONDENTS 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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents 2 to 5 in seeking to allot the land belongs to the petitioners covered by S.Nos. 344/4, 342/1, 342/5, 343/3, and 342/4 an extent of Ac.2-50 cents of each petitioner situated at Sirasanambedu village, Pellakur mandal to 6th respondent for establishment of Special Economic Zone without fallowing due process of law as illegal, arbitrary, in violation of Article 300A of Constitution of India and Principles of natural justice and consequently direct the respondents not to interfere with possession and enjoyment of the petitioners in respect of the land covered by S.Nos.344/4, 342/1, 342/5, 343/3, and 342/4 an extent of Ac.2-50 cents of each petitioner situated at Sirasanambedu village, Pellakur mandal or alternatively acquire the above lands of the petitioners and pay the compensation to the petitioners as per the Provisions of Act 30 of 2013. lA 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 bd pleased to direct the respondents not to interfere with the possession enjoyment of the petitioners in respect of the land in 344/4, 342/1, 342/5, 343/3, and 342/4 an extent of Ac.2-50 cents of each petitioner situated at Sirasanambedu village, Pellakur mandal, pending disposal of the above Writ petition. Counsel for the Petitioners: SRI P. GANGA RAMI REDDY Counsel for the Respondent Nos.1 to 5: GP FOR REVENUE Counsel for the Respondent No.6: M/s. SANTHI CHANDRA, SC FOR APIIC The Court made the following: ORDER APHC010184652025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9960/2025 Between: ...PETITIONER{S) S Malleswari and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner{S): 1.P GANGA RAMI REDDY Counsel for the Respondent{S); 1.GP FOR REVENUE 2.SANTHI CHANDRA SC For APIIC The Court made the following: 2 NV,i W.P.NO.9960OF 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.9960/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief; “... to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 to 5 in seeking to allot the land belongs to the petitioners covered by S.Nos. 344/4, 342/1, 342/5, 343/3, and 342/4 an extent of Ac.2-50 cents of each petitioner situated at Sirasanambedu village, Pellakur Mandal to 6th respondent for establishment of Special Economic Zone \A/ithout fallowing due process of law as illegal, arbitrary, in violation of Article 300-A of Constitution of India and Principles of natural justice and consequently direct the respondents not to interfere with possession and enjoyment of the petitioners in respect of the land covered by S.Nos.344/4, 342/1, 342/5, 343/3, and 342/4 an extent of Ac.2-50 cents of each petitioner situated at Sirasanambedu village, Pellakur mandal or alternatively acquire the above lands of the petitioners and pay the compensation to the petitioners as per the Provisions of Act 30 of 2013, and pass such...’’(in verbatim) Heard learned counsel for the petitioners, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 5, and learned Standing Counsel appearing for the 6^^ respondent. 2. The case of the petitioners is that the 5*^ respondent, after following the procedure contemplated under B.S.O. 15, granted pattas in favour of the petitioners in respect of lands situated in Survey Nos. 344/4, 342/1, 342/5, 342/3, and 342/4, each admeasuring Ac. 2-50 cents, situated at Sirasanambedu Village, vide File Nos. 49/09 F-1418, 42/09 F-1418, 45/09 F- 1418, 43/09 F-1418, and 44/09 F-1418, dated 15.02.2009. Pursuant to the said grant, the 5^*^ respondent made entries of the pattas in the revenue 3. 3 NV,} W.P.N0.9960 0F2025 records by entering the petitioners’ names in the adangal and I.B. Namuna (ROR), and issued pattadar passbooks along with khata numbers, petitioners are stated to be in possession and enjoyment of their respective lands. The 4. Subsequently, the Government proposed the formation of a Special Economic Zone (SEZ) within the area of Pellakuru Mandal, comprising Sirasanambedu and other villages. The petitioners, being pattadars of the subject lands, contended that the said lands cannot be allotted for the establishment of an Industrial Park without following due process of law. The proposed action by the respondents, in seeking to allot the lands under the petitioners' possession and enjoyment without acquiring them or paying compensation, is alleged to be illegal, arbitrary, and in violation of Article 300- A of the Constitution of India. Hence, the present writ petition. 5. On the other hand, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 5, has furnished written instructions dated 17.04.2025, wherein it is stated that: In obedience of the orders of the Hon’ble High Court dated 05.12.2022 in W.P.No.31666 of 2022, the Joint Collector, Tirupathi Roc.No.E1.1640/2023, dated 02.08.2023. At present it is pending adjudication before the Joint Collector. At present, the ground status of the land is as follows:- 9. issued notice vide a 10. Sy.No. Details Extent in Acs. 287 Total Extent 684.50 4 NV,i W.P.NO.9960OF 2025 100.00 Allotted to Sai, Dharani Minings Allotted to Amman Trey Factory Allotted to ARS metals 75.18 58.33 200.00 Proposed for API 1C 250.99 Balance Extent Without waiting the decision taken by the Joint Collector, Tirupati, the petitioner approached this Hon’ble Court. Hence, the writ petition is liable for dismissal. ” 11. th On the other hand, learned Standing Counsel appearing for the 6 has furnished written instructions dated 28.04.2025, wherein it is 6. respondent stated that a requisition was filed on 23.01.2016 with the District Collector for alienation of 227.23 acres of DKT land in Survey Nos. 276, 278, 281, and 287 of Sirasanambedu Village, Pellakuru Mandal, Tirupati District, for the purpose Model Industrial Park. Although the Government has i of establishing a approved advance possession in favour of APIIC, the said land has not yet been formally handed over. Whereas, the total extent, 188.41 acres in Survey No.287 is form part of the requisition (with sub-division details not available). It that the land claimed by the petitioners may fall within this extent; is stated however, the subject land is not in the possession of APIIC. APIIC did not interfered with the petitioners’ possession or enjoyment of the said land and undertakes to follow due legal process and comply with any orders passed by this Court in the future. 5 Nv, W.P.N0.9960 0F2025 Having regard to the submissions made by learned counsel on both sides, and in view of the written instructions filed by the respondents, it appears that the matter is under consideration before the Joint Collector and learned counsel for the respondents has submitted that they will follow due process of law in all respects. In view of the order passed in W.P.No.31666 of 2022, dated 05.12.2022, the respondents are directed to strictly adhere to the procedure prescribed under law. The possession of the petitioners shall not be disturbed except in accordance with due process. 7. 8. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Tirupathi District at Tirupathi. 3. The Joint Collector, Tirupathi, Tirupathi District. 4. The Revenue Divisional Officer, Sullurpet Division, Sullurpet, Tirupathi District. 5. The Tahsildar, Pellakuru Mandal, Pellakuru, Tirupathi District. 6. The Managing Director, Andhra Pradesh Industrial Infrastructure Corporation, Mangalagiri, Guntur District. 7. One CC to Sri P. Ganga Rami Reddy, Advocate [OPUC] 8. One CC to M/s. Santhi Chandra, SC for APIIC[OPUC] 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 10. Three CD Copies. ssb HIGH COURT DATED:30/04/2025 ORDER WP.No.9960 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS