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2025 DAILYLAW 48588 (AP)

Bypa Surya Rao v. State of Andhra Pradesh

WP/23543/2020 · 2025-09-23

B Krishna Mohan

body2025

Judgment text

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APHC010354072020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 23543/2020 Between: 1. BYPA SURYA RAO, S/O SRI TALUPULU, OCC CULTIVATION, R/O S.C.PETA, SRUNGAVARAM, ROWTHULAPUDI MANDAL, EAST GODAVARI DISTRICT ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRL. SECRETARY, REVENUE (LAND ACQUISITION) DEPT., A.P. SECRETARIAT, VELAGAPUDI - 522 237, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, EAST GODAVARI AT KAKINADA 3. THE REVENUE DIVISIONAL OFFICER, PEDDAPURAM - 533 437, EAST GODAVARI DISTRICT 4. THE TAHSILDAR, ROWTHAPUDI, EAST GODAVARI DISTRICT 5. YAMANA APPA RAO, S/O SRI TAMMI RAJU, R/O SRUNGAVARAM, ROWTHULAPUDI MANDAL, EAST GODAVARI 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 toto issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent authorities in proposing to acquire the land of an extent of Ac. 1.00 Cents in Sy.No. 164/1A of Srungavaram Village, Rowthulapudi Mandal, East Godavari 2 BKM,J W.P.NO.23543 OF 2020 District for house sites under Navaratnalu - Pedalandariki Illu scheme by paying compensation to the 5th respondent as land owner as illegal, arbitrary and unjust and consequently direct the Respondent authorities to drop all further proceedings in this regard against the said land and pass IA NO: 1 OF 2020 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 grant stay of all further proceedings relating to the acquisition of the land of an extent of Ac. 1.00 Cents in Sy.No. 164/1A of Srungavaram Village, Rowthulapudi Mandal, East Godavari District for house sites under >Navaratnalu – Pedalandariki Illu? scheme, pending disposal of the present Writ Petition and pass IA NO: 1 OF 2021 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 pleased to vacate the interim order granted on 11.12.2020 in W.P.No.23543 of 2020and dismiss the writ petition Counsel for the Petitioner: 1. BATTU PRASANTHI Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. GP FOR LAND ACQUISITION (AP) The Court made the following: 3 BKM,J W.P.NO.23543 OF 2020 ORDER Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondent Nos.1 to 4. None appears for the 5th respondent. 2. This writ petition was filed questioning the action of the Respondent authorities in proposing to acquire the land of an extent of Ac.1-00 Cents in Sy.No.164/1A of Srungavaram Village, Rowthulapudi Mandal, East Godavari District for house sites under <Navaratnalu - Pedalandariki Illu= scheme by paying compensation to the 5th respondent as land owner. 3. The learned counsel for the petitioner submits that the respondent authorities already paid compensation to the 5th respondent and the subject land was utilized for the above said welfare scheme of housing. 4. On the other hand, the learned Assistant Government Pleader relying upon the counter of the 4th respondent submits that since the subject land is a Zirayati land, the compensation was paid to the wife of the 5th respondent and the land was acquired for the above said housing scheme for the landless poor. 5. In view of the above said facts and circumstances, as the said land was utilized for the above said public purpose by paying compensation to the wife of the 5th respondent, no further orders are required. 4 BKM,J W.P.NO.23543 OF 2020 6. Accordingly, the writ petition is disposed of. Interim order if any deemed to have been vacated. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 24.09.2025 LSP 5 BKM,J W.P.NO.23543 OF 2020 236 THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 23543/2020 24.09.2025 LSP