APHC010526432021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] MONDAY,THE THIRTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 6/2022 Between: 1. RAPETI SRINIVASA RAO, S/O. LATE GOWRISWARA RAO, HINDU, AGED ABOUT 39 YEARS, CULTIVATION, R/O. UMMALADA VILLAGE, MUNAGAPAKA MANDAL, VISAKHAPATNAM DISTRICT, A.P. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT, A.P. 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM, A.P. 3. THE REVENUE DIVISIONAL OFFICER, ANAKAPALLI, VISAKHAPATNAM DISTRICT, A.P. 4. THE TAHSILDAR, MUNAGAPAKA MANDAL, MUNAGAPAKA, VISAKHAPATNAM DISTRICT, A.P. 5. THE REVENUE INSPECTOR, UMMALADA VILLAGE, MUNAGAPAKA MANDAL, VISAKHAPATNAM DISTRICT, A.P. ...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 a Writ Order or direction more Particularly one in the nature of Writ of Mandamus declaring the high handed action of the respondents 4 and 5 in dispossessing me under Navarathnalu Pedalandariki Houses scheme without following the procedure as contemplated, without issuing notice and Principles of natural justice form the agricultural wet lands to an extent of Ac. 0-24 Cents in Survey No. 38/5C situated in Ummalada Village, Munagapaka Mandal, Visakhapatnam District, without following the procedure established under law, without issuing any notice to me is highly illegal, arbitrary, unconstitutional and in violation of Article 14 and 300-A of the Constitution of India and consequently direct the respondents 3 to 5 not to dispossess the petitioner from the agricultural land to an extent of ac. 0-24 cents in Survey No. 38/5Csituated at Ummalada Village, Mungapaka Mandal, Visakhapatnam except under due process of law and to pass IA NO: 1 OF 2022 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 stay all further proceedings in dispossessing the petitioner from the agricultural land by respondents 2 to 5 to lay a road in S.No. 38/5C in an extent of Ac. 0-24 Cents of Ummalada Village, Munagapaka Mandal, Visakhapatnam District without following due process of law pending disposal of the above Writ Petition on the file of this Hon'ble Court and to pass Counsel for the Petitioner: 1. K SUBRAHMANYAM Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: ORDER: To Declare the action of respondent Nos.4 & 5 in trying to dispossess the petitioner from the agricultural wet lands admeasuring Ac.0.24 cents in Sy.No.38/5C situated at Ummalada Village, Munagapaka Mandal, Viskhapatnam District, under Navarathnalu Pedalandariki Houses Scheme without following the procedure contemplated under law and without issuing any notice, as illegal arbitrary, the present Writ Petition is filed. 2. Heard Sri K.Subrahmanyam, learned counsel for the petitioner and Ms.Vijayeswari, learned Assistant Government Pleader for the Respondents. 3. Learned counsel for the petitioner while reiterating the contents of the affidavit contended that on 11.06.1994, the revenue authorities issued pattadhar passbook in favour of the father of the petitioner for the subject land and ever since he has been in possession of the property and after his demise, the petitioner and his brother and sister were continuing possession of the said land. While so, when the respondent authorities were trying to lay road in the subject land by dispossessing them, the petitioner made representation to the respondent authorities and as no action has been taken on the same, filed the present writ petition. He further contended that this Court, on 07.07.2022, directed respondent No.3 to verify the records and take action as per the letter of the District Collector dated 20.11.2021 and submit report with regard to the action taken by way of an affidavit within four weeks or else, he should appear before this Court along with connected documents and offer his explanation. Learned counsel further submitted that pursuant to the said orders, endorsement was given on the petitioner’s representation, as such, nothing survives for further adjudication in this writ petition, accordingly, prayed to pass appropriate orders. 4. On the other hand, learned Assistant Government Pleader contended that the endorsement dated 14.12.2024 of the Revenue Divisional Officer, Anakapalli, states that the petitioner made representation to pay compensation to the land acquired from him for the purpose of laying road, however, after inspection it was found that there is a katcha road in existence which was being utilized by the people of Mutrasi Colony. She further submitted that there is also a proposal to lay C.C. road for which panchayat resolution dated 12.01.2006 has also been passed. Therefore, no land was acquired from the petitioner for the purpose of laying road, as such, it is not possible to pay compensation to the petitioner. In the said circumstances, no indulgence can be shown on the petitioner and the Writ Petition deserves dismissal and prayed to dismiss the Writ Petition. 5. A perusal of the record would indicate that pursuant to the orders of this Court dated 07.07.2022, respondent authorities have passed an endorsement vide Rc.No.1880/2024/C/dated 14.12.2024 wherein it is stated that no land was acquired from the petitioner to lay road, as such, no compensation need to be paid. In view of the facts and circumstances of the case, the Writ Petition is liable to be closed. 6. Accordingly, the Writ Petition is closed. If at all the petitioner has any grievance, he shall approach appropriate forum. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 13th October, 2025 RKS