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2025 DAILYLAW 48166 (AP)

MAGANTI PRASAD v. THE STATE OF ANDHRA PRADESH

WP/12025/2025 · 2025-05-05

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12025 OF 2025 Between; Maganti Prasad, S/o. Krishnaji, aged about 61 years. Business, R/o. Plot No. 12, Phase-IV, HIG-1B, VUDA Colony, Ayyanapeta, Vizianagaram. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue and Land Administration Department, Secretariat Building, Velagapudi, Guntur District-522503. 2. The Chief Commissioner, Land Administration, D. No. 189, 2nd Floor, Himagna Towers, NTR Marg, LIC Colony, B-Block, Gollapudi- 521225. 3. The District Collector, for Manyam, Collectorate Office, Parvathipuram Manyam, A.P. 4. The District Collector, Vizianagaram, A.P. 5. The Special Deputy Collector, Land Acquisition Officer, TBP-Unit -1, Parvathipuram, Vizianagaram for Vizianagaram, Collectorate Office ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in may the circumstances stated in the affidavit filed therewith, the High Court be pleased to pass orders, to issue writ order or direction, more particularly, in the nature of Writ of Mandamus, aggrieved by the inaction of the Respondents in considering the Petitioners one representation dated 24-03-2025, and failing to calculate compensation of my land acquired vide .notification No. 2811/2018/G3 dated 25-09-2019, in square yards at the , prevailing market value being Rs. 4,200 per Square Yard for the acquired land measuring 87 cents (4210.8 Sq. Yards) in the present R.S. No. 41-IB and 41-2B of Vizianagaram Mandal, Vizianagaram Municipality, thereby direct the Respondents to calculate the compensation of the Petitioners land acquired in Land Acquisition Proceedings vide notification No 2811/2018/G3 dated 25-09-2019, issued by the 4th Respondent and initiated by the Respondents for the Project Railway By Pass Line and pay the compensation accordingly, to the Petitioner, in the interest of justice. 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 be pleased to pass interim orders directing the Respondents, to initiate immediate steps to consider the representation dated 24-03-2025 made to the Respondents as expeditiously as possible in order to calculate the compensation for the Petitioner’s land acquired in the impugned land acquisition proceedings in 2811/2018/G3 dated 25-09-2018 issued by the 4*^ Respondent @ Rs. 4,200 per Square Yard for the acquired land 87 cents (4210.8 Sq.yards), in the interest of justice. Counsel for the Petitioner: SRI ANIL KUMAR DASARI Counsel for the Respondent Nos. 1, 2 & 5: GP FOR LAND ACQUISITION Counsel for the Respondent Nos. 3 & 4: GP FOR REVENUE The Court made the following: ORDER % APHC010228552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12025/2025 Between: ...PETITIONER Maganti Prasad AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.ANIL KUMAR DASARI Counsel for the Respondent{S): 1.GP FOR LAND ACQUISITION 2.GP FOR REVENUE The Court made the following: 2 NVJ W.P. NO. 12025 OF 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12025/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: pleased to pass orders to issue writ order or direction more particuiarly one in the nature of Writ of Mandamus aggrieved by the inaction of the Respondents in considering the Petitioners representation dated 24.03.2025 and faiiing to calculate compensation of my land acquired vide notification No 2811/2018/G3 dated 25.09.2019 in square yards at the prevailing market vaiue being Rs 4,200 per Square Yard for the acquired land measuring 87 cents 4210.8 Sq Yards in the present RS.No.41-IB and 41-2B of Vizianagaram Mandal, Vizianagaram Municipality thereby direct the Respondents to calculate the compensation of the Petitioners land acquired in Land Acquisition Proceedings vide notification No 2811/2018/G3 dated 25.09.2019 issued by the 4^^ Respondent and initiated by the Respondents for the Project Railway By Pass Line and pay the compensation accordingiy to the Petitioner in the interest ofJustice and to pass ....” 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. Though IhS petitioner made several allegations against the respondents, during hearing, learned counsel for the petitioner 3. 3 NVJ W.P. NO. 12025 OF 2025 requested this Court, without touching the merits of the case, to issue a direction to the respondents to consider and dispose of the representations dated 24.03.2025 submitted by the petitioner. Learned Government Pleader for Revenue readily agreed to dispose of the representations of the petitioner dated 24.03.2025 pending with the authorities, within a reasonable time. 4. In view of the submission of the learned Government Pleader for Revenue, this Court need not decide the truth otherwise of the allegations made in the petition. This Court is conscious that no such direction be issued, in view of the judgment of the Apex Court in “The Government of India v. P.Venkatesh^", wherein the Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do not serve to the cause of justice. As the learned counsel for the petitioner himself requested to issue a direction to dispose of the representations dated 24.03.2025, this Court find no other alternative except to issue such direction. 5. or 2004 (1) see 769 4 NVJ W.P. NO. 12025 OF 2025 6. In the result, the writ petition is disposed of, directing the respondents to consider and dispose of the representation dated 24.03.2025, after providing opportunity of hearing to all the parties concerned, within a period of two (02) months from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue and Land Administration Department, Secretariat Building, Velagapudi, Guntur District-522503. 2. The Chief Commissioner, Land Administration, D. No. 189, 2nd Floor, Himagna Towers, NTR Marg, LIC Colony, B-Block, Gollapudi- 521225. 3. The District Collector, for Manyam, Collectorate Office, Parvathipuram Manyam, A.P. 4. The District Collector, for Vizianagaram, Collectorate Office Vizianagaram, A.P. 5. The Special Deputy Collector, Land Acquisition Officer, TBP-Unit -1, Parvathipuram, Vizianagaram 6. One CC to Sri Anil Kumar Dasari Advocate [OPUC] 7. Two CCs to GP for Land Acquisition, High Court of Andhra Pradesh. {OUT] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 9. Three CD Copies TF HIGH COURT DATED:06/05/2025 ORDER WP.No.12025 of 2025 DISPOSING OF THE W.P., WITHOUT COSTS