APHC010098612021 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 5716/2021 Between: 1. VAITLA RAMA SATYANARAYANA, S/O. LATE KANAKAM, AGED 85 YEARS, OCC.- AGRICULTURE, R/O. D.NO.6 GARI STREET, ATTILI VILLAGE AND MANDAL, PM GODAVARI DISTRICT, ANDHRA PRADESH STATE. 1. THE STATE OF ANDHRA PRADESH, REP. BY THE PRINCIPAL SECRETARY TO DEPARTMENT OF LAND ACQUISITION, SECRETARIAT, VELAGAPUDI, TULLURU MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH STATE. 2. THE COLLECTOR AND DISTRICT MAGISTRATE LAND ACQUISITION, WEST GODAVARI DISTRICT ELURU, WEST GODAVARI DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISION, KOVVUR, WEST GODAVARI DISTRICT. 4. THE TAHSILDAR, ATTILI MANDAL, WEST GODAVARI DISTRICT. 5. THE VILLAGE REVENUE OFFICER, ATTILI VILLAGE. AND WEST GODAVARI DISTRICT 6. BANDI SURI BABU, S/O. BABJI, C/O SURYAKANTAM, AGED 40 YEARS, OCC.- BUSINESS, R/O.D.NO.18 534134, ATTILI MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH STATE. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 5716/2021 VAITLA RAMA SATYANARAYANA, S/O. LATE KANAKAM, AGED 85 AGRICULTURE, R/O. D.NO.6-13-3, PEMMA RAJU GARI STREET, ATTILI VILLAGE AND MANDAL, PM- 534134, WEST GODAVARI DISTRICT, ANDHRA PRADESH STATE. ...PETITIONER AND STATE OF ANDHRA PRADESH, REP. BY THE PRINCIPAL SECRETARY TO DEPARTMENT OF LAND ACQUISITION, SECRETARIAT, VELAGAPUDI, TULLURU MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH STATE. THE COLLECTOR AND DISTRICT MAGISTRATE LAND ACQUISITION, WEST GODAVARI DISTRICT, 0/O. COLLECTORATE, ELURU, WEST GODAVARI DISTRICT. THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISION, KOVVUR, WEST GODAVARI DISTRICT. THE TAHSILDAR, ATTILI MANDAL, WEST GODAVARI DISTRICT. THE VILLAGE REVENUE OFFICER, ATTILI VILLAGE. AND WEST GODAVARI DISTRICT BANDI SURI BABU, S/O. BABJI, C/O SURYAKANTAM, AGED 40 BUSINESS, R/O.D.NO.18-23, ATTILI VILLAGE, PIN 534134, ATTILI MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH STATE. IN THE HIGH COURT OF ANDHRA PRADESH [3233] THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN VAITLA RAMA SATYANARAYANA, S/O. LATE KANAKAM, AGED 85 3, PEMMA RAJU 534134, WEST ...PETITIONER STATE OF ANDHRA PRADESH, REP. BY THE PRINCIPAL SECRETARY TO DEPARTMENT OF LAND ACQUISITION, SECRETARIAT, VELAGAPUDI, TULLURU MANDAL, GUNTUR THE COLLECTOR AND DISTRICT MAGISTRATE LAND , 0/O. COLLECTORATE, THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISION, THE TAHSILDAR, ATTILI MANDAL, WEST GODAVARI DISTRICT. THE VILLAGE REVENUE OFFICER, ATTILI VILLAGE. AND MANDAL BANDI SURI BABU, S/O. BABJI, C/O SURYAKANTAM, AGED 40 23, ATTILI VILLAGE, PIN- 534134, ATTILI MANDAL, WEST GODAVARI DISTRICT, ANDHRA 2 BKM,J W.P.No.5716 of 2021 7. BANDI KRISHNA VENI, W/O. RAMAKRISHNA AGED 35 YEARS, OCC.- EMPLOYEE, R/O.D.NO.2-230,ATTILI VILLAGE, PIN-534134, ATTILI MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH STATE. 8. BANDI SUBRABHMANAYA VARA PRASAD, S/O. BALARAMAMURTHY AGED 40 YEARS, OCC.- EMPLOYEE, R/O.D.NO.18-24,ATTILI VILLAGE, PIN-534134, ATTILI MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH STATE. 9. BANDI SURYAPRAKSHAHARAO, S/O. NARASIMHAMURTHI AGED 72 YEARS, OCC.- AGRICULTURE, R/O. D.NO.7-55,AFTILI VILLAGE, PIN-534134, ATTILI MANDAL, WEST GODAYARI DISTRICT, ANDHRA PRADESH STATE. 10. BANDI ADINARYANA, S/O. SUBBA RAO AGED- 50YEARS, OCC. BUSINESS, R/O. D.NO.7-58, ATTILI. VILLAGE, PIN-534134, ATTILI MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH STATE. 11. BANDI DHANALAKSHMI, S/O. SATYANARAYANA MURTHY AGED 60 YEARS, OCC.- HOUSE WIFE, R/O. D.NO.3-75/5,SARAPAVARAM VILLAGE, PIN-533005, SARAPAVARAM MANDAL, KAKINADA, EAST GODAVARI DISTRICT, ANDHRA PRADESH STATE. 12. BANDI NAGABHUSHANAM, S/O. AMMIRAJU AGED 65 YEARS, OCC.- AGRICULTURE, RJO.D.NO.7-57/1, ATTILI VILLAGE, PIN- 534134, ATTILI MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH STATE. 13. BANDI SURYA PRAKSHA RAO, S/O. SATYANARAYANA AGED 68YEARS, OCC.- BUSINESS, R/O. D.NO. 18-18, ATTILI VILLAGE, - PIN- 534134, ATTILI MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH STATE. 14. BANDI VENKATESWARA RAO, S/O. SATYANARAYANA, C/O SURYA PRAKAHSA RAO, AGED 60YEARS, OCC.- CLERK IN CLOTH STORE, RIO. D.NO.18-18, ATTILI VILLAGE, PIN- 534134, ATTILI MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH STATE. 15. BANDI TULASI, W/O ADINARAYANA AGED 62 YEARS, OCC.- HOUSE WIFE, R/O. D.NO.1-9, KONDEPADU VILLAGE, PIN-534134, ATTILI MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH 3 BKM,J W.P.No.5716 of 2021 STATE. 16. BANDI KOTA SATYAVATHY, W/O.SURAYYA AGED 70 YEARS, OCC.- HOUSE WIFE, R/O. D.NO.7-55, ATTILI VILLAGE, PIN- 534134, ATTILI MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH STATE 17. BANDI MALLESWARA RAO, S/O. GANGADHARA RAO AGED 62 YEARS, OCC.- BUSINESS, R/O. D.NO.1-80, ATTILI VILLAGE, PIN- 534134, ATTILI MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH STATE. 18. SANDI RAMA RAO, S/O. SURANNA AGED 68YEARS, OCC.- RTD., EMPLOYEE, R/O. D.NO.7-74/2, ATTILI VILLAGE, PIN- 534134, ATTILI MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH STATE. 19. BANDI VENKATA KRISHNA MANI KANTA, S/O. NAGESWARA RAO AGED 27 YEARS, OCC.- BUSINESS, R/O. D.NO.7-55, ATTILI VILLAGE, PIN- 534134, ATTILI MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH STATE. 20. BANDI VENKATA LAKSHMI, W/O. VEERA NAGESWARA RAO AGED 62 YEARS, OCC.- HOUSE WIFE, R/O. D.NO.755, ATTILI VILLAGE, PIN-534134, ATTILI MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH STATE. 21. BANDI VENKATESWARA RAO, S/O. BALARAMAMURTHY AGED 62 YEARS, OCC.- BUSINESS, R/O. D.NO.2-30, ATTILI VILLAGE, PIN- 534134, ATTILI MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH STATE. 22. B SARASWARTHI DEVI, W/O. PURUSHOTTAM AGED 66 YEARS, OCC.- HOUSE WIFE, R/O. D.NO.18-24, ATTILI VILLAGE, PIN- 534134, ATTILI MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH STATE. 23. B V RAMA KRISHNA, S/O. SATYANARAYANA BANDI AGED 40 YEARS, OCC.- BUSINESS, R/O. D.NO.9-1-16, PAYLAVARI STREET, BESIDES SRI CURRY POINT, SHOP NO.2, TADEPALLIGUDEM, PIN- 534101, WEST GODAVARI DISTRICT, ANDHRA PRADESH STATE. 4 BKM,J W.P.No.5716 of 2021 24. J SUBBA RAO, , S/O. APPALA RAJU NAIDU AGED 47 YEARS, OCC.- POLITICIAN, R/O. D.NO.2-25B, KOTHAPALLI VILLAGE, PIN- 533285, GOKAVARAM MANDAL, EAST GODAVARI DISTRICT, ANDHRA PRADESH STATE. ...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 topleased to issue an appropriate writ order or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents in not paying compensation to the petitioner being legal heir of the one of the co-shares of 5 families of the Land, Red Soil Pits(yerra matti guntalu) using fore house construction materials, for an total extent of Ac.06- 675 cents out of full extent of Ac.7-69 Cents in RS.No.1122-2 as per the RSR at Sl.No.7,8 and9 vide Deed NO.3089 of the Village No.32 situated at Bonthuvaraipalem Road Hamlet of Attili Village and Mandal of West Godavari District on par with the compensation to pay/ is being paid to the Respondents 6 to 24 by manipulating the revenue records to the one Family in their names by issuing Gazette notifications ROC.NO.e-1788187/2020/G4 dated 13-02- 2020, ROC.NO.e-1789834/2020/G4 dated 05-03-2020 and ROC.No.e- 1793990/2020/G4 dated 07-03-2020 without reference to the names of the petitioner as per the RSR of the Village No.32 of Attili Village and Mandal of West Godavari District issued by respondent authorities as acquired by them for the purpose of new housing scheme under the flagship of Navaratnalu- Pedaladariki Illu despite representations 20-04-2020, 23-06-2020 and 23-09- 2020 is arbitrary, illegal and void and violative of provisions of Act, 2013 apart from violative of Article 14, 21, 300-A and 350 of the constitution of India. Consequently direct the respondents to pay compensation amount as entitled on par with the other family members enlisted in relation to land in RS.No.1122-2 as per the RSR vide deed No.3089 of Village No.32 situated at Bonthuvaripalem Hamlet of Attili Village and Mandal of West Godavari District to the petitioner by quashing the Gazette notifications ROC.NO.e- 1788187/2020/G4 dated 13-02- 2020, ROC.NO.e-1789834/2020/G4 dated 05- 03-2020 and ROC.No.e-1793990/2020/G4 dated 07-03-2020 forthwith in the interest of justice and fair play 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 direct the 2nd Respondent to consider the representation dated 23- 5 BKM,J W.P.No.5716 of 2021 09-2020 made by the petitioner forthwith pending disposal of the above Writ Petition in the interest of justice and pass IA NO: 2 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 direct the respondents not to disburse compensation amount to the respondents 6 to 24 in pursuant to the Gazette notifications ROC.NO.e- 1788187/2020/G4 dated 13-02-2020, ROC.NO.e-1789834/2020/G4 dated 05- 03-2020 and ROC.No.e-1793990/2020/G4 dated 07-03-2020 without reference to the petitioner as being legal heirs to the beneficiary in respect of land for an total extent of Ac.06-675 cents out of Full extent of Ac.7-69 Cents in RS.No.1122-2 as per the RSR Tapsi list at Sl.N0s,7,8 &9 vide Deed NO.3089 of the Village No.32 situated at Bonthuvaraipalem Road Hamlet of Attili Village, Attili Mandal of West Godavari District without crate any third party interest over the subject land party forthwith pending disposal of the above Writ Petition in the interest of justice 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 may be pleased to condone delay of 971 days respectively in filing application to set aside abetment in WP.No.5716 of 2021 in bringing the proposed Respondents 29 & 30 herein on record as legal heir of deceased RespondentNo.14 by adding them as Respondent Nos.29 & 30 in W.P.No.5716 of 2021 including all the interlocutory applications therein in the interest of justice and pass. IA NO: 2 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 may be pleased to set aside abatement of writ petition in VV.P.No.5716 of 2021 including all interlocutory applications against the deceased respondent No. 14 who died on 30-10-2021 respectively in interest of justice and pass IA NO: 3 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 may be pleased to bring the proposed Respondents 29 & 30 herein on record as legal heir of deceased Respondent No. 14 by adding them as 6 BKM,J W.P.No.5716 of 2021 Respondents 29 & 30 in W.P.No.5716 of 2021 including ail interlocutory applications in WP.No.5716 of 2021 by substituting Respondent No.14 respectively in the interest of justice and pasS IA NO: 4 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 may be pleased to condone delay of 1169 days respectively in filing application to set aside abetment in WP.No.5716 of 2021 in bringing the proposed Respondents 25 to 27 herein on record as legal heir of deceased Respondent No. 10 by adding them as Respondents 25 to 27 in W.P.No.5716 of 2021 including all the interlocutory applications therein in the interest of justice and pass IA NO: 5 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 may be pleased to set aside abatement of writ petition in W.P.No.5716 of 2021 including all interlocutory applications against the deceased respondent No. 10 who died on 25-04-2021 in interest of justice and pass IA NO: 6 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 may be pleased to dispense with of the death certificate of the 10th respondent at present timing being in the above matter in the interest of justice and pass IA NO: 7 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 may be pleased to bring the proposed Respondents 25 to 27 herein on record as legal heir of deceased Respondent Nos. 10by adding them as Respondents 25 to 27 in W.P.No.5716 of 2021 including aii interlocutory applications in WP.No.5716 of 2021 by substituting Respondents 10 in the interest of justice and pass 7 BKM,J W.P.No.5716 of 2021 IA NO: 8 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 may be pleased to condone delay of 843 days in filing application to set aside abetment in WP.No.5716 of 2021 in bringing the proposed Respondent No.28 herein on record as legal heir of deceased Respondent No. 12 by adding them as Respondent No.28 in W.P.No.5716 of 2021 including all the interlocutory applications therein in the interest of justice and pass IA NO: 9 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 may be pleased to set aside abatement of writ petition in W.P.No.5716 of 2021 including all interlocutory applications against the deceased respondent No. 12 who died on 09-03-2022 in interest of justice and pass IA NO: 10 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 may be pleased to bring the proposed Respondent No.28 herein on record as legal heir of deceased Respondent No. 12 by adding them as Respondent No.28 in W.P.No.5716 of 2021 including oil interlocutory applications in WP.No.5716 of 2021 by substituting Respondent No.12 in the interest of justice and pass Counsel for the Petitioner: 1. RAMA MURTY P V S A Counsel for the Respondent(S): 1. GP FOR LAND ACQUISITION 2. GP FOR REVENUE 3. POLISETTY RADHA KRISHNA 8 BKM,J W.P.No.5716 of 2021 The Court made the following ORDER: Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for the respondent Nos.1 to 5 and Sri P.Radha Krishna, learned counsel appearing for the respondent Nos.7 to 9, 13, 14, 16 to 20, 22 & 24. 2. This writ petition was filed questioning the action of the respondents in not paying the compensation to the petitioner, being legal heir of the one of the co-shares of 5 families of the Land, “Red Soil Pits (yerra matti guntalu)” using for house construction materials, for total extent of Ac.06.675 cents out of full extent of Ac.7.69 Cents in R.S.No.1122-2 as per the RSR at Sl.No.7, 8 & 9 vide Deed No.3089 of the Village No.32 situated at Bonthuvaripalem Road, Hamlet of Attili Village and Mandal of West Godavari District, on par with the compensation to pay/is being paid to the respondent Nos.6 to 24 by manipulating the revenue records to the one Family in their names by issuing Gazette notifications ROC.No.e-1788187/2020/G4 dated 13.02.2020, ROC.No.e-1789834/2020/G4 dated 05.03.2020 and ROC.No.e- 1793990/2020/G4 dated 07.03.2020 without reference to the names of the petitioner as per the RSR of the Village No.32 of Attili Village and Mandal of West Godavari District issued by the respondent authorities as acquired by them for the purpose of new housing scheme under the flagship of “Navaratnalu - Pedaladariki Illu”, despite the representations dated 20.04.2020, 23.06.2020 and 23.09.2020. 9 BKM,J W.P.No.5716 of 2021 3. It is the grievance of the petitioner that his representations dated 20.04.2020, 23.06.2020 and 23.09.2020 are not considered so far. 4. On the other hand, the learned Assistant Government Pleader appearing for the respondent Nos.1 to 5, relying upon the written instructions of the 4th respondent dated 22.09.2025, submits that the petitioner was never in possession of the subject land and his name is also not there in the revenue records by way of mutation at the instance of the petitioner, as he did not seek for the same at any time previously, but, at present claiming compensation by way of this writ petition. The respondent authorities concerned, following the due procedure, acquired the subject land and possession was taken for the purpose of distribution of house sites by preparing the layout and plots and accordingly, the compensation was also paid as per the RFCTLR Act, 2013 & Rules, 2014 and the Amendment Act, 2018 & Rule, 2018. 5. Similarly, the learned counsel appearing for the un-official respondents also submits that the petitioner has not established any right to make a claim for any compensation for the subject land acquisition for the purpose of distribution of house sites to the eligible beneficiaries, as per the then policy of the Government. 6. The relief sought in this writ petition cannot be considered by this Court, as the petitioner has not established even a prima facie case. 10 BKM,J W.P.No.5716 of 2021 7. In view of the above said facts and circumstances, and upon consideration of the submissions made by the respective counsels, this Court in its considered view, permits the petitioner to make representation to the respondent Nos.2 to 5 afresh, if any cause survives, by enclosing all the necessary documents in support of his claim with respect to the relief sought in this writ petition, within a period of four (4) weeks from the date of receipt of this order. On receipt of the same, the respondent Nos.2 to 5 are directed to consider and dispose of all the earlier representations of the petitioner, if any, as claimed dated 20.04.2020, 23.06.2020 and 23.09.2020 and the fresh representation of the petitioner as indicated above, strictly in accordance with law by hearing all the parties concerned, giving due opportunity including the petitioner and the respondent Nos.6 to 30, as some of them are added as legal representatives of the deceased respondent Nos.10, 12 & 14 and all others concerned, upon verification of the records and the subject land, appropriate decision shall be taken on its own merits, as expeditiously as possible, preferably, within a period of four (4) months, thereafter. 8. Accordingly, the Writ Petition is disposed of. The written instructions of the 4th respondent dated 22.09.2025 shall be made as part of the Court record. There shall be no order as to costs. 11 BKM,J W.P.No.5716 of 2021 As a sequel, Interlocutory Applications pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 06.10.2025 MDP