APHC010589162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 30975/2025 Between: 1. TUMPATI SRINIVASULU, S/O. SRI RAMULU @ SRI RAMA MURTHY, AGED 60 YEARS, OCC. CULTIVATION, R/O. 5-89, SRINIVASAPURAM VILLAGE, OPP. GOVT. TIMBER DEPOT, JANGAREDDYGUDEM MANDAL, ELURU DISTRICT (ERSTWHILE WEST GODAVARI DIST.) ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH. 3. THE LAND ACQUISITION OFFICER CUM SPECIAL COLLECTOR LA, POLAVARAM, IRRIGATION PROJECT, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 4. THE SPECIAL DEPUTY COLLECTOR LA, POLAVARAM IRRIGATION PROJECT, V.R.PURAM, UNIT-1, CHINTOOR. 5. THE SPECIAL DEPUTY COLLECTOR LA, POLAVARAM IRRIGATION PROJECT, V.R.PURAM, UNIT-2, CHINTOOR. 6. THE AGENT TO THE GOVERNMENT CUM DISTRICT COLLECTOR, ELURU, ELURU DISTRICT (ERSTWHILE WEST GODAVARI DISTRICT). 7. THE REVENUE DIVISIONAL OFFICER, ELURU ELURU DISTRICT (ERSTWHILE WEST GODAVARI DISTRICT). 8. THE TAHSILDAR, BUTTAIGUDEM MANDAL, ELURU DISTRICT (ERSTWHILE WEST GODAVARI DISTRICT). 2 9. TUMPATI UDAYA BHANU, S/O. SRI RAMULU @ SRI RAMA MURTHY, AGED 58 YEARS, OCC. CULTIVATION, R/O. 3-75, SRINIVASAPURAM VILLAGE, REDDYGANAPAVARAMVILLAGE, BUTTAIGUDEM MANDAL, ELURU DISTRICT (ERSTWHILE WEST GODAVARI DIST.). ...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 to issue an appropriate writ or order or a direction more particularly one in the nature of writ of MANDAMUS declaring the action of the respondents more particularly the 3rd respondent trying to acquiring the land an extent of Ac. 1.02 cents in Survey No. 156/1 of Ganapavaram Village, Buttaigudem Mandal, Eluru District (erstwhile West Godavari District) by showing the name of the 9th respondent alone as owner of the property without considering that on entitled half of the property as per the partitioned decree, in spite of representation and trying to pay entire compensation to the 9th respondent, as illegal, arbitrary and violative of Article 300-A of the Constitution of India and consequently to direct the respondents to permit the petitioner to participate the land acquisition proceedings including the award and pass 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 to direct the respondent not to disburse the compensation in favour of the 9th respondent in respect of the property admeasuring Ac. 1.02 cents in Survey No.256/1 of Ganapavaram, Buttaigudem Mandal, Eluru District (erstwhile West Godavari District) and pass Counsel for the Petitioner: 1. RAMAKRISHNA AKURATHI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR LAND ACQUISITION 3. GP FOR IRRI AND CAD 4. NIMMAGADDA REVATHI The Court made the following: 3 ORDER: The present Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief: <to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus or an appropriate writ or order declare the action of the respondents particularly that of the Respondents 5 and 6 threatening to dispossess the petitioner from 00.16 cents of land in Sy.No.243/llB of Nagari village and Mandal, Chittoor District though the above land is not included in the Notification issued in the Gazette of India and the local newspapers issued U/sec. 3A(1) of the National Highways Act and the publication made in the Gazette of India and two local newspapers made U/sec.3D(l) of the Act as arbitrary, illegal, without jurisdiction, opposed to the principles of nature justice, violative of the provisions of Land acquisition Act and National Highway Authorities Act of 1956 and Article-300A of Constitution of India and consequently direct the respondents particularly Respondents 5 and 6 not to trespass or interfere with the possession and enjoyment of petitioners land of Ac.0.16 cents in Sy.No.243/11B of Nagari village and Mandal, Chittoor District without following due process of law and to pass….= 2. Heard M/s. A.Ramakrishna, learned counsel for the petitioner and learned Assistant Government Pleader appearing for official respondents. 3. The contention of the petitioner is that the petitioner has filed a suit for partition and the same is numbered as O.S.No.13/2017 before the Agent of Government-cum-District Collector. After enquiry, respondent no.6 disposed of the said suit with a direction to respondent no.7 to take necessary action to partition the properties as per the report 4 dated 18.12.2018 of the Tahsildar, Buttaigudem. As against the same, respondent no.6 has preferred an appeal and the same is numbered as A.S.no.94/2019 on the file of this Court. The orders and decree passed by respondent no.6 is suspended vide order dated 27.02.2019. When that being the position, when the respondent authorities have proceeded to initiate notification under Form 11(1) showing the name of respondent no.9, accordingly, the petitioner has submitted objections under Section 15 of the Act stating that the petitioner is also entitled for compensation in view of the pendency of the suit and the appeal. Respondents without considering the objections filed by the petitioner are proceeding with the land acquisition proceedings. Hence the Writ Petition. 4. After notice, respondent no.9 has filed counter and admitted about the pendency of the first appeal. He has submitted that the appellate Court has already suspended the operation of the proceedings issued by respondent no.6. But the fact remains that there is a civil dispute between the petitioner as well as respondent no.9 and it is also a fact that he made objections under Section 15 of the Act. Once any aggrieved party files any objection under Section 15 of the Act, the authorities have to consider said objections under Section 1592) of the Act and after enquiry and also after providing an opportunity of hearing, the authority has to consider the said objections and forward the report to Government. 5 5. Learned Assistant Government Pleader appearing for the official respondents submitted that the Court may pass appropriate orders. 6. Considering the said circumstances, as objections filed by the petitioner under Section 15 of the Act has not been considered, the respondents are directed to consider the objections as per the provisions of Section 15(2) of the Act and pass appropriate orders. 7. With the above observation, the Writ Petition is disposed of. No costs. As a sequel thereto, interlocutory applications pending, if any, in the writ petition, shall also stand closed. ___________________ JUSTICE D.RAMESH 23.12.2025 RD 6 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.30975 of 2025 23.12.2025 RD