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2025 DAILYLAW 48236 (AP)

ANNE JAGADEESH BABU v. The State of Andhra Pradesh,

WP/23129/2024 · 2025-09-11

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010447112024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) T FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23129 OF 2024 Between: 1. Anne Jagadeesh Babu, S/o.Babu Rao, aged about 64 years R/o.Flat No.4B, Visaal's Durga Residency,Greenlands Road, Brundavan Colony,Vijayawada. 2. Anne Srinivas Babu, S/o.Babu Rao, aged about 62 years R/o.Flat No.4B, Visaal's Durga Residency, Greenlands Road, Brundavan Colony, Vijayawada. 3. Bobba Deepthi, D/o. Yagna Narayana Rao, aged about 41 years, R/o.Piot No.7, RTC Colony, Road No.3, Behind Stella College, Patamata, Vijayawada NTR District. 4. Bobba SwathI, D/o. Yagna Narayana Rao, aged about 38 years R/o.H.No.107, RTC Colony, Road No.3, Behind Stella College, Patamata, Vijayawada, NTR District ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by Principal Secretary, (LA) and GAD, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Guntur, Guntur. District 3. The Tadepalli Municipal Corporation, Rep by its Commissioner, Tadepalli Guntur District. 4. The Revenue Divisional Officer, Tadepalli, Guntur District. , . V-. 5. The Mandal Revenue Officer, Tadepalii, Guntur District ...RESPONDENTS Petition under Articie 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 Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3" Respondent in laying down a road in the property of an extent of 615 sq.yards belonging to us without issuing any notice or conducting any proceedings as per the mandates of the Right to fair compensation and transparency in Land Acquisition Act 2013 illegal, violation of Article 21 and 300-A as of the Constitution of India, principles of natural justice, highly unreasonable Respondents to unjust, and to consequently direct the pay compensation to us for the property of an extent of 615 sq. yards which was encroached upon, as per the mandates of the Right to transparency in Land Acquisition Act 2013 along interest from the from the date of the fair compensation and with encroachment till the date of realization per the Act 1 of 2015, for the mental us by the high handed and illegal acts committed by authorities of the 3™ Respondent, and also to pay damages to and stress caused to us as agony the Counsel for the Petitioners: Counsel for the Respondent Nos. Counsel for the Respondent No.3: SRI SUNKARA RAJENDRA PRASAD 1,2,4 & 5: GP FOR REVENUE SRI A.S.C. BOSE, SC FOR MUNICIPAL CORPORATIONS The Court made the following: 1 HN, J W.P.No.23129 2024 APHC010447112024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) r [3457] FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23129/2024 Between: 1.ANNE JAGADEESH BABU, S/O.BABU RAO, AGED ABOUT 64 R/O.FIAT N0.4B, VISAAL'S DURGA ROAD, YEARS RESIDENCY,GREENLANDS COLONY,VIJAYAWADA. BRUNDAVAN 2.ANNE SRINIVAS BABU,, S/O.BABU RAO, AGED ABOUT 62 YEARS R/O.FLAT N0.4B, VISAAL’S DURGA RESIDENCY, GREENLANDS ROAD, BRUNDAVAN COLONY. VIJAYAWADA. 3.BOBBA DEEPTHI,, D/O. YAGNA NARAYANA RAO, AGED ABOUT 41 YEARS, R/O.PLOT NO.7, RTC COLONY, ROAD N0.3, BEHIND STELLA COLLEGE,PATAMATA, VIJAYAWADA NTR DISTRICT. 4.BOBBA SWATHI,, D/O. YAGNA NARAYANA RAO. AGED ABOUT 38 YEARS, R/O.H.NO.L07 STELLA COLLEGE, PATAMATA. VIJAYAWADA, NTR DISTRICT RTC COLONY, ROAD N0.3, BEHIND ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY,(LA) AND GAD, AMARAVATI, GUNTURDISTRICT. 2.THE DISTRICT COLLECTOR, GUNTUR, GUNTUR. DISTRICT 3.THE TADEPALLI MUNICIPAL CORPORATION, REP BY ITS SECRETARIAT, VELAGAPUDI 2 HN,J ^ W.P.No.23129 2024 COMMISSIONER, TADEPALLI GUNTUR DISTRICT. 4.THE REVENUE DIVISIONAL DISTRICT. 5.THE MANDAL REVENUE OFFICER, TADEPALLI, OFFICER, TADEPALLI, GUNTUR GUNTUR DISTRICT ...RESPONDENT(S): Pern,on under Article 226 of the Constitution of India praying that in the c rcumstances stated in the affidavit filed therewith, the H^h Courtly be pleased top eased to issue Writ, Order or Direction ntore particularly one in Linn 7^ 7 the action of the 3rd Respondent in ying down a road in the property of an extent of 615 sq yards betongino to US without issuing any notice or conducting any proceedings as oer^thP mandates of the Right to faircompensation and transparency in Land cZr. r f, 21 and 300-A of the and T" justice, highly unreasonable unjust and to consequently direct the Respondents to pay compensation to ust; he property of an extent of 615 sq. yardswhich was encroached upon as pL the mandates of the Right to fair compensation and transparency in Land Acquisition Act 2013 along with interest from the from L dal encroachment till the date of realization and also to pay damages to the Act 1 of 2015, for the mental handed and illegal SrdRespondentand to of the usas per agony and stress caused to us by the high acts committed by the authorities of the pass Counsel for the Petitioner(S): 1.SUNKARA RAJENDRA PRASAD Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV \ 3 HNJ W.P.No.23129 2024 ORDER: 1. The petitioners are aggrieved by the inaction on the part of respondent No.3 in not follo\A/ing the procedure contemplated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, while forcible laying a road and undergoing pipelines over the property admeasuring 615 square yards belonging to the petitioners. In this regard, the petitioners, through their counsel, submitted a representation dated 25.02.2023 seeking compensation for the land that was acquired. The learned Standing counsel appearing for the 3'^ respondent has placed 2. on record the instructions received from the authorities. As seen from the said instructions, it is stated that the respondent authorities shall follow the due process of law and that they are willing to pay the compensation. However, the proceedings are being delayed due to protests and objections by other stakeholders. It is also stated that they have never objected to the petitioners seeking compensation. Be that as it may, the petitioners shall submit a fresh representation along with the required documents, including proof of possession and other relevant Upon receipt of such representation from the petitioners, respondent Nos.2 and 3 shall consider the representation of the petitioners, and pass appropriate orders in accordance with the provisions of the Right to Fair 3. records etc. Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, within a period of ten (10) weeks from the date of the receipt of such representation. t 4 HNJ W.P.No.23129 2024 4. Accordingly, the Writ Petition is disposed off. No costs. As a sequel, miscellaneous applications, pending, if any, shall stand closed. Sd/- T. SRINIVASA RAO ASSISTANT REGISTRAR //TRUE COPY// A'T— SECTION OFFICER To, 1. The Principal Secretary,(LA) and GAD, State of Andhra Pradesh, Secretariat, Velagapudi, Amarayati, Guntur District. 2. The District Collector, Guntur, Guntur. District 3. The Commissioner, Tadepalli Municipal Corporation, Tadepalli Guntur District. 4. The Revenue Divisional Officer, Tadepalli, Guntur District. 5. The Mandal Revenue Officer, Tadepalli, Guntur District 6. One CC to Sri Sunkara Rajendra Prasad, Advocate [OPUC] 7. One CC to Sri A.S.C. Bose, SC for Municipal Corporations[OPUC] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 9. Two CD Copies. ssb HIGH COURT DATED:12/09/2025 ORDER WP No. 23129 OF 2024 OCT 20^] DISPOSING OF THE W.P. WITHOUT COSTS