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2025 DAILYLAW 53976 (AP)

Datla Gopalakrishnamraju v. The State of Andhra Pradesh

WP/8403/2020 · 2025-11-16

B Krishna Mohan

body2025

Judgment text

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APHC010139692020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY,THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 8403/2020 Between: 1. DATLA GOPALAKRISHNAMRAJU, S/O SURYANARAYANARAJU, AGE. 46, R/O H.NO.4-62, NEAR WATER TANK, GURRAPALEM- 533435. JAGGAMPETA MANDAL, EAST GODAVARI DISTRICT. 2. DATLA HIMANI RAJ, W/O GOPALAKRISHNAMRAJU, AGE. 40, R/O H.NO.4-62, NEAR WATER TANK, GURRAPALEM-533435. JAGGAMPETA MANDAL, EAST GODAVARI DISTRICT. 3. VATSAVAYI SUBHADRARANI, W/O RAJAM RAJU, AGE. 52, R/O H.NO.5-32, RAMAVARAM (V)-533435. JAGGAMPETA MANDAL. EAST GODAVARI DIST. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY LAND ACQUISITION VELAGAPUDI AMARAVATHI.GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, KAKINADA-533101. 3. THE REVENUE DIVISIONAL OFFICER AND COMPETENT AUTHORITY, PEDDAPURAM -533437. EAST GODAVARI DISTRICT. 4. THE TASHILDAR, JAGGAMPETA MANDAL, JAGGAMPETA- 533435. ...RESPONDENT(S): 2 HBKM,J W.P.No.8403 of 2020 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 appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the Notification vide Ref G4/497/2019 Dt.04-03-2020 issued in the name of the 2nd respondent under Form 6 A pursuant to Section 11(1) of The Right to Fair Compensation and Transparency and Resettlement Act 2013 and Andhra Pradesh rules 2014, Rule 19 sub-rule (1) proposing to acquire the petitioners landed property i.e., coconut and palm oil garden in an extent of Ac.0.63cts in R.S No.318/1 and Ac.5.60cents in R.S.No.318/2 of the 1st petitioner, Ac.1.0cents out of Ac.1.52cents in R.S.No.323/3C of the 2nd petitioner and Ac.1.05cents in R.S.No.323/3B of the 3rd petitioner situated in Gurrapalem (v) of Jaggampeta Mandal, East Godavari District, contemplating to issue house sites under the scheme NAVARATNALU- PEDALANDARIKI ILLU PADHAKAM as illegal arbitrary violation of the provisions of The Right to Fair Compensation and Transparency and Resettlement Act 2013 and also violation of Article 14, 21 and 300A of the Constitution of India and consequently set aside the notification Ref G4/497/2019 Dt.04-03-2020 in respect of the petitioners above property 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 dispossession of the petitioners pursuant to the notification issued by the 2nd respondent vide Ref G4/497/2019 Dt.04-03- 2020 issued in Form 6 A under section 11(1) under The Right to Fair Compensation and Transparency and Resettlement Act, 2013 in proposing to acquire the petitioners land i.e., coconut and palm oil garden in an extent of Ac.0.63cts in R.S No.318/1 and Ac.5.60cents in R.S.No.318/2 of the 1st petitioner, Ac.1.0cents out of Ac.1.52cents in R.S.No.323/3C of the 2nd petitioner and Ac.1.05cents in R.S.No.323/3B of the 3rd petitioner situated in Gurrapalem (v) of Jaggampeta Mandal, East Godavari District pending disposal of the main writ petition 3 HBKM,J W.P.No.8403 of 2020 Counsel for the Petitioner(S): 1. SRINIVASA RAO PAPPU Counsel for the Respondent(S): 1. GP FOR LAND ACQUISITION The Court made the following: 4 HBKM,J W.P.No.8403 of 2020 THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION No.8403 OF 2020 ORDER: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue for the respondent Nos.1 to 4. 2. This writ petition was filed questioning the action of the Notification vide Ref.G4/497/2019, dt.04.03.2020 issued in the name of the 2nd respondent under Form 6 A pursuant to Section 11(1) of The Right to Fair Compensation and Transparency and Resettlement Act 2013 and Andhra Pradesh Rules 2014, Rule 19 sub-rule (1) proposing to acquire the petitioners landed property i.e., coconut and palm oil garden in an extent of Ac.0.63 cents in R.S.No.318/1 and Ac.5.60 cents in R.S.No.318/2 of the 1st petitioner, Ac.1.0 cents out of Ac.1.52 cents in R.S.No.323/3C of the 2nd petitioner and Ac.1.05 cents in R.S.No.323/3B of the 3rd petitioner situated in Gurrapalem (v) of Jaggampeta Mandal, East Godavari District, contemplating to issue house sites under the scheme Navaratnalu-Pedalandariki Illu Padhakam. 3. On the other hand, the learned Assistant Government Pleader relying upon the 4th respondent instructions dated 18.08.2025 submits that in pursuance of the interim orders of this Court, the acquisition proceedings relating to the petitioners’ land were kept in abeyance. Subsequently, the requirement of land for the said housing scheme was fulfilled by acquisition of other suitable lands. Hence, the subject lands are no longer required for the purpose of the scheme. 5 HBKM,J W.P.No.8403 of 2020 4. In view of the above said instructions/submissions, no further orders are necessary in this writ petition. The written instructions shall be made as part of the Court record. 5. Accordingly, this writ petition is disposed of. Interim orders 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 17.11.2025 Pmk 6 HBKM,J W.P.No.8403 of 2020 182 THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION No.8403 OF 2020 Dt.17.11.2025 Pmk