APHC010592262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY, THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 30586/2025 Between: 1. KATTAM CHINNA BABU, S/O VENKATESWARAO AGED 30 YEARS 'OCC AGRICULTURE, R/O.BUTTAYIGUDEM VILLAGE, BUTTAYIGUDEM MANDAL, ELURU DISTRICT, ANDHRA PRADESH. 2. KAKI JAYRAJU, S/O. KAKI KESAIAH, AGED ABOUT 38 YEARS, R/O. D.NO.4- 12, VELUTHURUVARIGUDEM, BUTTAYAGUDEM, GANAPAVARAM, WEST GODAVARI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT (LAND ACQUISITION), SECRETARIAT, VELAGAPUDI, AMARAVATI - 522 503. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, TRIBAL WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI - 522 503. 3. THE DISTRICT COLLECTOR AND AGENT TO THE GOVERNMENT, ELURU DISTRICT, ELURU. 4. THE JOINT COLLECTOR, ELURU DISTRICT, ELURU. 5. THE SPECIAL COLLECTOR, (LAND ACQUISITION), POLAVARAM IRRIGATION PROJECT, RAJAMAHENDRAVARAM, EAST GODAVARI DT. 6. THE SPECIAL DEPUTY COLLECTOR, (LAND ACQUISITION), POLAVARAM IRRIGATION PROJECT, V.R. PURAM UNIT-LL, CHINTURU, ALLURI SITHARAMA RAJU DISTRICT. 7. THE TAHSILDAR, BUTTAYIGUDEM MANDAL, BUTTAYIGUDEM, ELURU DISTRICT. 2 8. THE PROJECT OFFICER AND ADDITIONAL AGENT TO THE GOVERNMENT, INTEGRATED TRIBAL DEVELOPMENT AGENCY (I.T.D.A.), K.R. PURAM, ALLURI SITHARAMA RAJU DISTRICT. 9. THE REVENUE DIVISIONAL OFFICER, JANGAREDDYGUDEM, ELURU 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 a Writ Order or direction, particularly, one in the nature of a writ of Mandamus declaring the action of respondent no 5 in issuing the Preliminary Notification dated 26.07.2025 bearing Ref. No. B1/48/2025under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, without prior consent of the Gram Sabha as mandatorily required under Section 41(3) of the said Act 2013 and the Panchayats (Extension to Scheduled Areas) Act, 1996 is as illegal, arbitrary, unconstitutional and violative of the fundamental rights guaranteed under Articles 14, 21 and 300-A of the Constitution of India, and consequently set aside the impugned notification duly directing the authorities not to proceed with the land acquisition without following the procedure established by the law and to 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 pleased to suspend the operation of the impugned Preliminary Notification dated 26.07.2025 issued by the respondent no 5 vide its bearing Ref. No. B1/48/2025under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, \A/ithout prior consent of the Gram Sabha as mandatorily required under Section 41(3) of the said Act 2013 and the Panchayats (Extension to Scheduled Areas) Act, 1996 pending disposal of this writ petitionduly directing the authorities not to acquire any land in pursuance of the impugned notification without following the procedure established by the law pending disposal of the above writ petition and to pass Counsel for the Petitioner(S): 1. JADA SRAVAN KUMAR Counsel for the Respondent(S): 1. GP FOR LAND ACQUISITION 2. GP FOR SOCIAL WELFARE The Court made the following: 3 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION NO: 30586 of 2025 ORDER: This writ petition is filed questioning the action of respondent No.5 in issuing the Preliminary Notification dated 26.07.2025 bearing Reference No.B1/48/2025 under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (for short ‘the Act’), without prior consent of the Gram Sabha as mandatorily required under Section 41(3) of the Act and the Panchayats (Extension to Scheduled Areas) Act, 1996 as illegal and consequently set aside the impugned notification duly directing the authorities not to proceed with the land acquisition without following the procedure established by the law. 2. The learned counsel for the petitioners has brought to the notice of this Court that the petitioners have submitted their objections on 01.09.2025 under Section 15(1) of the Act and the same have acknowledged by the Special Collector (Land Acquisition), Irrigation Project, Rajamahendravaram/ 5th respondent on 08.09.2025. The 5th respondent ought to have disposed of the objections as per Section 15(2) of the Act. 3. Considering the submissions made by both the learned counsels and on perusal of the objections filed by the petitioners and the same was acknowledged by the 5th respondent on 08.09.2025, 4 instead of keeping pending the Writ Petition, the same is disposed of, directing the 5th respondent to consider the objections filed under Section 15(1) of the Act and take appropriate decision as per Section 15(2) of the Act. Till disposal of the objections under Section 15(2) of the Act, the respondent authorities are directed not to proceed further. 4. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous applications, pending, if any, shall also stand closed. __________________ JUSTICE D.RAMESH Dt:05.11.2025 SJ 5 147 THE HON’BLE SRI JUSTICE D. RAMESH WRIT PETITION NO: 30586 of 2025 05.11.2025 ssjj