r^.'n IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT the honourable SRI JUSTICE WRIT PETITION NO: .^8668 OF 909? T.C.D.SEKHAR^ Between: 1. Ruttala Yerra Patrudu, S/o Venkata Ramaiah, Aged about Rachapall, Village, Makavarapalem Mandal, Anakapalli District Ra tala Venkata Satya Sri Ramachadnra Ganesh Kishore Patrudu, aged about 38 64 years, R/o S/o. Yerra years, R/o Rachapalll Village, Makavarapalem Mandal, Anakapalli District. 3. Ruttala Varaha Venkata about 32 Rama Chaitanya, S/o. Yerra years, R/o Rachapalli Village Patrudu, aged Makavarapalem Mandal, Anakapalli District -PETITIONERS AND B^Mna' Pradesh, Revenue Department, Secretariat Bu,r.ng VelagapudI, Guntur District, Rep by Its Principal Secretary • The District Collector, Anakapalli District. 3. The Revenue Divisional Officer, Narsipatnam Division, Anakapalli 4. The Tahsildar, Makavarapupalem Mandal, Anakapalli District. ...RESPONDENTS praying that in the High Court may particularly one in the respondent authorities in Resettlement) purpose Petition under Article 226 of the Constitution of India e circumstances stated in the affidavit filed therewith be pleased to issue writ order or direction nature of Mandamus declaring the action of the assigning house sites under R more not &R (Rehabilitation & package to the petitioners for acquiring the petitioners' land for the V-" of construction of Integrated Special Economic Zone at Rachapalli Village, ^ Makavarapalem Mandal, Visakhapatnam District (now Anakapalli District), is highly illegal, arbitrary, unconstitutional and in violation of Articles 14 and 300-A of the Constitution of India and consequently direct the respondent authorities to assign the house sites under R & R (Rehabilitatio n & Resettlement) package to the petitioners pursuant to the acquisition of the land of the petitioners for establishment of Integrated Special Economic Zone at Rachapalli Village, Makavarapalem Mandal, Visakhapatnam District (now Anakapalli District). lA 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 respondent authorities to assign the house sites under R & R (Rehabilitation & Resettlement) package to the petitioners pursuant to the acquisition of the land of the petitioners for establishment of Integrated Special Economic Zone at Rachapalli Village, Makavarapalem Mandal, Visakhapatnam District (now Anakapalli District) pending disposal of the above writ petition. Counsel for the Petitioners: SRI V. V. N. NARAYANA RAO Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE The Court made the following: ORDER TCDS,J WP_38668_2022 1 APHC010648392022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] FRIDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION No.38668/2022 Between: ...PETITIONER(S) Rutala Yerra Patrudu and Others AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner(S): 1.VVN NARAYANA RAO Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the following: TCDS.J WP_38668_2022 2 ORDER:- 1. It is the case of the petitioner that the has acquired land admeasuring Rachapalli Village Makavarapalem Government an extent of Ac.59.14 cents in mandal, Visakhapatnam District for establishment of Integrated Special APIIC, Visakhapatnam. Economic Zone by It is further stated that the acquisition the lands of the petitioners acquired, that the Government issued G.O.Ms.No.68 said It is further stated dated 08.04.2005 announcing Rehabilitation and Resettlement (R & R) Package the land loosers. to 2. If is further case of the petitioner that I issuance of the above G.O., the petitioners in spite of were not extended with the benefit. It is further stated they made the respondents and i a representation to in turn the Special Grade Deputy Collector, a letter dated 06.06.2015 provide house site plot to as per the said G.O., in favour of R & R APIIC, Achuthapuram addressed to the 4*'" respondent requesting him to an extent of Ac.0.05 cents each the petitioners subject to them and to report compliance in the matter. no other dwelling houses possessed by wp : 3 It is further case of the petitioner despite the said letter dated 06.06.2015, the respondents have not taken any action in the matter and therefore he approached this Court by 3. filing the writ petition. On the other hand, the 4'^ respondent filed counter affidavit stating that before acquiring the dwelling houses, notices/receipts were issued to the displaced families. It is further contended that if, the dwelling houses of the petitioners were acquired, they must produce such notices/receipts before the authorities concerned, but the petitioners have not filed any documentary proof to show that their dwelling houses were acquired. It is further stated that the benefit of G.O.Ms.No.68, dated 08.04.2005 cannot be extended to the petitioner inasmuch they own massive slabbed buildings with assessment Number No.300 & 302 in Rachapalli Village and therefore they are not 4. as entitled to the said benefit. It is not in dispute that the lands of the petitioners acquired for the purpose of establishment of Integrated Special Economic Zone. The case of the petitioners is that they dwelling houses were also acquired in the said acquisition and 5. were \ TCDS.J WP_38668_2022 4 the benefit of G.O.Ms.No.68, dated 08.04.2005 is not given to them. In support of the case of the petitioners they placed reliance on letter dated 06.06.2015 addressed by Special Deputy Collector, R & R (FAC) APIIC, Achuthapuram to the 4‘^ Grade respondent, whereunder the case of the petitioners recommended to extend the benefit under said G.O. subject to other dwelling houses possessed by them. were no 6. Though a counter affidavit is filed stating that the petitioners did not produce notices/receipts to prove that their dwelling houses were also acquired. It is further stated that the petitioners are possessing massive slab house with Assessment No.300 & 302 in Rachapalli Village. In support of the said contention, the respondents have not placed anything In the absence of documentary proof the said statements by the 4^^ respondents cannot be believed. Apart from the the counter affidavit is silent with regard to on record. made same. as to what action was taken pursuant to letter dated 06.06.2015 Special Grade Deputy Collector, Achuthapuram. It is not known addressed by the R & R (FAC), APIIC, any enquiry was undertaken pursuant thereto. Unless an enquiry is conducted in the matter WP 5 the eligibility of the petitioners under G.O.Ms.No.68, 08.04.2005 cannot be decided. dated 7. Taking into consideration of the submissions made by both counsel, the present writ petition is disposed of directing the respondents to conduct eligibility of the petitioners 08.04.2005 and to enquiry into the matter as to the under G.O.Ms.No.68, pass appropriate orders thereon, after affording an opportunity of being heard the petitionSrs. dated 8. It is needless to mention the said completed within a period of eight (08) weeks from receipt of the copy of the order. exercise shall be the date of 9. With the above directions, the writ petition iIS disposed of. As a sequel, pending applications. if any, shall stand closed. Sd/- SHAIK MOHD./RAFI ASSISTANTj REGISTRAR OFFICER //TRUE COPY// SEC To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Building, Velagapudi, Guntur District. 2. The District Collector, Anakapalli District. 3. The Revenue Divisional Officer, Narsipatnam Division, Anakapalli District. 4. The Tahsildar, Makavarapupalem Mandal, Anakapalli District. 5. One CC to Sri V. V. N. Narayana Rao, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. 7. Three CD Copies. [OUT] ssh I HIGH COURT DATED:21/03/2025 ORDER WP.No.38668 of 2022 DISPOSING OF THE W.P. WITHOUT COSTS