IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) i THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1951 OF 2025 Between: Devarapalli Subbarao, S/o Laxmaiah, age 50 Years, R/o Near Durga Bhavani Temple, H.No. 11-70, Gopinagar, Serilingampalli, Rangareddy District, Telangana State. Temporarily residing at C/o Prathipati Rajkumar, Door NO. 10.158, Ettili Road Mylarayee Center, Harizanawada, Gollapudi, N.T.R. District, Vijayawada Rural Mandal, N.T.R. District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Revenue Department, Secretariat Building, Velagapudi, Amaravathi, Guntur Dist. 2. The District Collector and District Magistrate, N.T.R., District Vijayawada. 3. The Land Acquisition Officers Sub-Collector, Vijayawada, N.T.R.Dist. 4. The Revenue Divisional Officer, Vijayawada Division, (RDO Vijayawada, N.T.R. District. 5. The Tahsildar, Vijayawada Rural Mandal, Vijayawada, NTR District. t 6. The South Central Railway (SCR), Rep by its Divisional Railway Manager (DRM), Vijayawada, N.T.R. District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed 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 entire action of the f > respondents trying to dispossess the petitioner without paying the Compensation provisions of the right to Fair compensation and transparency in land Acquisition, rehabilitation and resettlement Act, 2013 and not considering the representation dated 09.12.2024 of the petitioner to the 3rd respondent regarding the site of the petitioner to an extent of 117-77 Sq.yards in R.S.No. 219/4 in Plot NO. 27 towards North side , in Gollapudi Village, Vijayawada Registration District area, Krishna District (Now N.T.R. District), as illegal, arbitrary , contrary to law and violation of Article 14, 21 and 300(A) of Constitution of India and further direct the respondents consider the representation dated 09.12.2024 of the petitioner to the 3rd respondent and not to take possession and not to construct “Bye pass line with Rail-over-Rail Flyovers at ends between Mustabada and Rayanapadu Stations connecting BZA-VSPK Line and BZA-KZJ line with electrification-11(1)” on the above site to an extent of 117-77 Sq.yards in R.S.No. 219/4 in Plot NO. 27 towards North side, in Gollapudi Village, Vijayawada Registration District area, Krishna District (Now N.T.R. District) without paying compensation to the petitioner. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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 to consider the representation dated 09.12.2024 of the petitioner by staying the dispossession of the petitioner from his site to an extent of 117-77 Sq.yards in R.S.No. 219/4 in Plot NO. 27 towards North side, in Gollapudi Village, Vijayawada Registration District area, Krishna District (Now N.T.R. District). Counsel for the Petitioner: SRI T V V KOTESWARA RAO Counsel for the Respondent Nos. 1,2, 4 & 5: GP FOR REVENUE Counsel for the Respondent No.3: GP FOR LAND ACQUISITION Counsel for the Respondent No.6: SRI PASALA PONNA RAO (DEPUTY SOLICITOR GENERAL OF INDIA) 1 The Court made the following: ORDER 1 t 1 4 APHC010035192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY ,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1951/2025 Between: 1.DEVARAPALLI SUBBARAO, S/0 LAXMAIAH, AGE 50 YEARS, R/0 NEAR DURGA BHAVANI TEMPLE, H.NO. 11-70, GOPINAGAR, SERILINGAMPALLI, RANGAREDDY STATE. TEMPORARILY RESIDING AT C/0 RAJKUMAR, DOOR NO. 10.158, ETTILI ROAD CENTER, HARIZANAWADA, GOLLAPUDI, N.T.R. DISTRICT VIJAYAWADA RURAL MANDAL N.T.R. DISTRICT DISTRICT, TELANGANA PRATHIPATI MYLARAYEE ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL REVENUE DEPARTMENT, SECRETARY, DEPARTMENT OF SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI GUNTUR DIST. 2.THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, N.T.R., DISTRICT VIJAYAWADA. 3.THE LAND ACQUISITION OFFICERS SUBCOLLECTOR, VIJAYAWADA, N.T.R.DIST. 4.THE REVENUE DIVISIONAL OFFICER, , VIJAYAWADA DIVISION, (RDO VIJAYAWADA, N.T.R. DISTRICT. 5.THETAHSILDAR, VIJAYAWADA RURAL MANDAL, VIJAYAWADA, NTR DISTRICT. T 2 6.THE SOUTH CENTRAL RAILWAY SCR, REP BY ITS DIVISIONAL RAILWAY MANAGER (DRM), VIJAYAWADA, N.T.R. DISTRICT. ...RESPONDENT{S): Counsel for the Petitioner; 1 .T V V KOTESWARA RAO Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR LAND ACQUISITION The Court made the following ORAL ORDER: Heard Sri T.V.V. Koteswara Rao, Ld. Counsel for the Writ Petitioner, Sri Arjun Chowdary, Ld. Asst. Government Pleader for Revenue and Sri Divya Teja, Ld. Asst. Government Pleader for Land Acquisition. 2. Ld. Asst. Government Pleader for Land Acquisition has submitted the Written Instructions dated 05.02.2025 furnished by the Tahsildar, Vijayawada Rural Mandal. Copy of it is supplied to the Ld. Counsel for the Writ Petitioner and the same is taken on record. 3. The Written Instructions would indicate that the Writ Petitioner does not have valid title. This apart, it is also stated in the Written Instruction that the Writ Petitioner has filed W.P.No.28417 of 2024 with the same prayer, which was dismissed on 05.12.2024. This Court has perused the Order of this Court dated 05.12.2024 passed in W.P.No.28417 of 2024 (Ex.P.3). The said order would indicate that, the Writ Petitioner was permitted to withdraw the W.P.No.28417 of 2024 with liberty to approach the Competent Authority by filing appropriate grievance. 4. Ld. Counsel for the Writ Petitioner has drawn the attention of this Court to the consequential steps initiated by him by submitting a Report to the Respondent No.3 dated; 09.12.2024 (Ex.P.11). Ld. Counsel for the Writ Petitioner would submit that the Writ Petitioner is constrained to approach this 5. ! 3 4 Court due to inaction on the part of the Respondent No.3 to the Representation given by the Writ Petitioner dated 09.12.2024 (Ex. P.11). He would also submit that in the meantime, the Respondents have commenced the work on the field without paying any compensation. 6. Sri Divya Teja, Ld. Asst. Government Pleader submits that the Writ Petitioner does not have valid title. 7. Having considered the above facts, this Court is constrained to observe that the Official Respondents, instead of stating in the Written Instructions that the Writ Petitioner does not have the valid title, ought to have conveyed such opinion on merit and in accordance with law through proper communication to the Writ Petitioner, in response to the Representation submitted by the Writ Petitioner dated 09.12.2024 (Ex.P.1). Under these circumstances, this Court deems it appropriate to dispose of this Writ Petition at the admission stage, without going into merit directing the Respondent No.3 to consider the Representation submitted by the Writ Petitioner dated 09.12.2024 and pass a Speaking Order in accordance with law within a period of four weeks from today and communicate such Order to the Writ Petitioner forthwith. 8. The Writ Petitioner is directed to submit a copy of this Order along with the photocopy of the Representation dated: 09.12.2024 to the Respondent No.3 within one week from today for effective compliance. 9. 10. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 11. Interlocutory Applications, if any, stand closed Jn terms of this order. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// / SECTION OFFICER To, 1. The Principal Secretary, Department of Revenue Department Secretariat Building, Velagapudi, Amaravathi Guntur Dist. 2. The District Collector and District Magistrate, N.T.R., District Vijayawada. 3. The Land Acquisition Officers Sub-Collector, Vijayawada, N.T.R.Dist. 4. The Revenue Divisional Officer, Vijayawada Division, (RDO Vijayawada, N.T.R. District. 5. TheTahsildar, Vijayawada Rural Mandal, Vijayawada, NTR District. 6. The Divisional Railway Manager (DRM), South Central Railway (SCR), Vijayawada, N.T.R. District. 7. One CC to Sri T V V Koteswara Rao Advocate [OPUC] 8. One CC to Sri Pasala Ponna Rao, Deputy Solicitor General of India, High Court of A.P. [OPUC] 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 10. Two CCs to GP for Land Acquisition, High Court of Andhra Pradesh. [OUT] 11. Three CD Copies TF HIGH COURT DATED:06/02/2025 ORDER =fSrANDS^ WP.No.1951 of 2025 12 FEB 2025 % ^ Current Section DISPOSING OF THE W.P., WITHOUT COSTS