APHC010516772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 26910/2025 BETWEEN: 1. DEGAPUDI SRAVANI, W/O DEGAPUDI ANISH REDDY, AGED ABOUT 40 YEARS, OCC HOUSEWIFE, R/o. D.NO.27-1-1547, ADITYA NAGAR, NELLORE CITY, NELLORE. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, NELLORE DISTRICT, NELLORE. 3. THE JOINT COLLECTOR, NELLORE DISTRICT, NELLORE. 4. THE TAHSILDHAR, KODAVALURU MANDAL, KODAVALURU, NELLORE DISTRICT, NELLORE. 5. THE STATION HOUSE OFFICER, KODAVALURU POLICE STATION, KODAVALURU MANDAL, KODAVALURU, NELLORE DISTRICT, NELLORE. 6. MAVILLA SRINIVASULU REDDY, S/o. PEDA VENKU REDDY, AGED ABOUT 48 YEARS, R/o. VAVILEPADU VILLAGE, NELLORE RURAL MANDAL, SPSR NELLORE DISTRICT. 7. MAVILLA MOHANAIAH, S/O PEDA VENKU REDDY, AGED ABOUT 52 YEARS, R/o. VAVILEPADU VILLAGE, NELLORE RURAL MANDAL, SPSR NELLORE DISTRICT. 8. CHELAMCHERLA SANJEEVAIAH, S/O CHENCHU RAMAIAH, AGED ABOUT 62 YEARS, OCC: RTD RTC EMPLOYEE, R/o. YELLAYAPALEM VILLAGE, KODAVALUR MANDAL, SPSR NELLORE DISTRICT. 9. SK SALEEM BI, W/o. RASOOL SAHEB, AGED ABOUT 55 YEARS, R/o. YELLAYAPALEM VILLAGE, KODAVALUR MANDAL, SPSR NELLORE DISTRICT. 10. NADAVALA AUDISESHAIAH, S/o. SESHAIAH, AGED ABOUT 2 60 YEARS, R/O DASARI PALEM, R/O YELLAYAPALEM VILLAGE, KODAVALUR MANDAL, SPSR NELLORE DISTRICT. ...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 order or order, direction of directions. Writ or Writs particularly in the nature of Writ of Mandamus declare the action of the Respondent No.4 and 5 laying road in the fields of the Petitioner admeasuring to an extent of Ac.1.86 3/4 in Sy. No.581-A-1, Ac.3.56 Cents in Sy. No.580-1, Ac.0.32 Cents in Sy.No.583-1, Ac.0.53 Cents in Sy.No.582-3, Ac.0.29 Cents in Sy.No.583-2, Ac.0.30 Cents in Sy.No.601-B, Ac.1.00 Cents in Sy.No.582- 1 and Ac.1.00 Cents in Sy.No.582-2 in Yellayapalem Village, Kodavaluru Mandal, Nellore District without prior notice or issue of Notification under the Provisions of The Right of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013 at the behest of Unofficial Respondents as illegal, arbitrary, violation of Article-14, 21 and 300-A of the Constitution of India and misusing their official power and consequently direct the Respondents not to interfere and disposses the Petitioner in the lands i.e. land to an extent of Ac.1.86 3/4 In Sy. No.581-A-1, Ac.3.56 Cents in Sy. No.580-1, Ac.0.32 Cents in Sy.No.583-1, Ac.0.53 Cents in Sy.No.582-3, Ac.0.29 Cents in Sy.No.583- 2, Ac.0.30 Cents in Sy.No.601-B, Ac.1.00 Cents in Sy.No.582-1 and Ac.1.00 Cents in Sy.No.582-2 in Yellayapalem Village, Kodavaluru Mandal, Nellore District and pass such other order or orders. Counsel for the Petitioner: 1. HARINATH REDDY SOMA Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE The Court made the following: 3 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India, for the following relief/s: “………to issue an order or order, direction or directions, Writ or Writs particularly in the nature of Writ of Mandamus declare the action of the Respondent No.4 and 5 laying road in the fields of the Petitioner admeasuring to an extent of Ac.1.86 ¾ in Sy.No.581-A-1, Ac.3.56 Cents in Sy.No.580-1, Ac.0.32 Cents in Sy.No.583-1, Ac.0.53 Cents in Sy.No.582-3, Ac.0.29 Cents in Sy.No.583-2, Ac.0.30 Cents in Sy.No.601-B, Ac.1.00 Cents in Sy.No.582-1 and Ac.1.00 Cents in Sy.No.582-2 in Yellayapalem Village, Kodavaluru Mandal, Nellore District without prior notice or issue of Notification under the Provisions of The Right of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013 at the behest of Unofficial Respondents as illegal, arbitrary, violation of Article- 14, 21 and 300-A of the Constitution of India and misusing their official power and consequently direct the Respondents not to interfere and dispossess the Petitioner in the lands i.e. land to an extent of Ac.1.86 ¾ in Sy.No.581-A-1, Ac.3.56 Cents in Sy.No.580-1, Ac.0.32 Cents in Sy.No.583-1, Ac.0.53 Cents in Sy.No.582-3, Ac.0.29 Cents in Sy.No.583-2, Ac.0.30 Cents in Sy.No.601-B, Ac.1.00 Cents in Sy.No.582-1 and Ac.1.00 Cents in Sy.No.582-2 in Yellayapalem Village, Kodavaluru Mandal, Nellore District and pass such other order or orders….. 4 2. Learned counsel for the petitioner would submit that interfering with the petitioner's possession of the properties without proper notification and acquisition as contemplated under the Act is an infringement of Article 300-A of the Constitution of India. Therefore, the petitioners pray that the respondent authorities be directed not to acquire their lands without following due process of law. 3 In the recent judgment of the Apex Court in Kolkata Municipal Corporation vs Bimal Kumar Shah1, highlighted the seven basic rights of private citizen's which constitute the “real content of the right to property under Article 300A” that the state should respect before depriving them of their private property. Which are extracted hereunder: (i) Right to Notice: The state must inform the landowner that it intends to acquire their property. (ii) Right to be Heard: The state must provide a platform for the landowner to raise objections against the acquisition. (iii) Right to a Reasoned Decision: The state must communicate its final decision, along with the reasons for it. (iv) Duty to Acquire Only for Public Purpose: The state must demonstrate that the acquisition is for a genuine public purpose. (v) Right of Restitution or Fair Compensation: The landowner is entitled to just and reasonable compensation for their property, reflecting its true market value. 1 (2024) 10 SCC 533 5 (vi) Right to an Efficient and Expeditious Process: The acquisition process must be conducted efficiently and completed within prescribed timelines. (vii) Right of Conclusion: The process must reach a final conclusion, with the property ultimately vesting with the state. 3.1. Further stated that the above seven rights are foundational components of a law that is tune with Article 300A, and the absence of one of these or some of them would render the law susceptible to challenge. 3.2. The seven principles which have been discussed are integral to the authority of law enabling compulsory acquisition of private property. Union and State statutes have adopted these principles and incorporated them in different forms in the statutes provisioning compulsory acquisition of immovable property. The importance of these principles, independent of the statutory prescription have been recognised by our Constitutional Courts and they have become part of our administrative law jurisprudence. 3.3. The culmination of an acquisition process is not in the payment of compensation, but also in taking over the actual physical possession of the land. If possession is not taken, acquisition is not complete 4. Learned Assistant Government Pleader placed written instructions dated 24.09.2025 addressed by the Tahsildar, Kodavaluru Mandal, as part of the record. The said proceedings transpires that 6 the respondent No.4 is not interfering in any manner or dispossessing the petitioner from the subject property of the Writ Petition and also further asserted that they have not initiated any action against the petitioner including issuance of notice against the petitioner dispossessing from the subject property of the Writ Petition. 5. Learned Assistant Government Pleader further stated that if the land is required for the public purpose, the respondent authorities will follow due process of law. 6. Recording the same and in the light of the written instructions, the Writ Petition is disposed of with a direction to the respondents to follow due process of law before acquiring the writ petitioner’s land. There shall be no order as to costs. As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 26.09.2025 Harin 7 171 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.26910 of 2025 Date: 26.09.2025 Harin