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2025 DAILYLAW 54972 (AP)

Somula Venkata Rami Reddy v. State of Andhra Pradesh,

WP/31991/2025 · 2025-11-30

D Ramesh

body2025

Judgment text

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APHC010614952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY,THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 31991/2025 Between: 1. SOMULA VENKATA RAMI REDDY, S/O PEDDA RAMI REDDY, AGE 39 YEARS, R/O 2-10, MAIN ROAD, PUCHHAKAYALAPALLE, UYYALAWADA MANDAL, NOSSAM POST, NANDYAL DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY TO GOVT., REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. DISTRICT COLLECTOR, KADAPA DISTRICT. 3. LAND ACQUISITION OFFICER CUM REVENUE DIVISIONAL OFFICER, JAMMALAMADUGU DISTRICT. 4. THE TAHSILDAR, PEDDAMUDIUM MANDAL, YSR KADAPA DISTRICT. 5. MANDAL SURVEYOR, PEDDAMUDIUM MANDAL, YSR KADAPA DISTRICT. ...RESPONDENT(S): This Court made the following ORDER: 1. This Writ Petition is filed under Article 226 of the Constitution of India by the Petitioners for the following relief: “to issue a appropriate writ. Order or direction, particularly a Writ of Mandamus declaring action of the respondent No 4 in admeasuring Ac.0.024,01 cents in survey No 64/B-2 Ac.0.0904 cents in survey No 63/B-2 Ac.0.04599 cents in 64/B-1 Ac. 0.0796 cents in survey No 63/B-1 and Ac.0.033 cents in survey No 62/B-1A of Nagireddypalle Revenue Village, Peddamudiam Mandal, YSR Kadapa District, without invoking the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, as illegal, irregular, unjust, high handed besides arbitrary and violative of Articles 14 and 21 of Constitution of India and consequently direct the respondent No 4 not to form any road from the land of the petitioner admeasuring Ac.0.02401 cents in survey No 64/B-2 Ac.0.0904 cents in survey No 63/B-2 Ac.0.04599 cents in 64/B- 1 Ac. 0.0796 cents in survey No 63/B-1 and Ac.0.033 cents in survey No 62/B-1A of Nagireddypalle Revenue Village Peddamudiam Mandal, YSR Kadapa District, without there being any land acquisition proceedings or any recourse to law and to pass such…” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3. Learned Assistant Government Pleader has placed reliance on the written instructions received from the Tahsildar, Peddamudium. According to the instructions, though the respondents have not made any specific averment about the issuance of notification, they have made averments that the subject properties were required for expanding the National Highways NH-167K from Kurnool/Kadapa border to Jammalamadugu and the respondents have undertaken procedure under Section 28 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and already enquiry is being conducted. 4. In the said circumstances, the Writ Petition is disposed of directing the respondents not to dispossess the petitioner from the subject properties without following due process of law by paying compensation. There shall be no order as to costs. 5. With the above direction, the writ petition is disposed of. No costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________ JUSTICE D. RAMESH 01.12.2025 klk 313 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION No.31991 of 2025 01.12.2025 kkllkk