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2025 DAILYLAW 7521 (AP)

Rama v. The State of Andhra Pradesh,

WP/4086/2025 · 2025-07-20

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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• { APHG010075792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT TH^ HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA WRIT PETITION NO: 4086 OF 2025 PRASAD Between: 1. Rama, S/o. Late Sannaobulesappa Hosahatti, District. 2. Hanumantharaya, S/o. Dodda Hanumantharayappa, Aged about 55 years, R/o. Hosahatti, Hemavathi Village, Amarapuram Mandal Satya Sai District. Aged about 52 years, R/o. Hemavathi Village, Amarapuram Mandal Sri Satya Sai Sri ...Petitioners AND 1. TheStateofAndhraPradesh, rep. by its Principal Secretary, Road and Building Department, Secretariat buildings, Velagapudi, Guntur District. 2. The State of Andhra Pradesh Acquisition Department, Secretariat buildings District. 3. The District Collector, Sri Satya Sai District at Puttaparthi. 4. The superintendent engineer. Road and Buildings, Puttaparthi Satya Sai district. 5. The Executive Engineer, Road and Buildings, Puttaparthi, Sri Satya Sai district. 6. The Asst Executive Engineer, Road and Buildings at Hemavathi Mandal Sri Satya Sai District. rep. by its Principal Secretary, Land Velagapudi, Guntur Sri t ...Respondents 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 more particularly one in the nature of mandamus declaring the action of the respondents in not passing the award for payment of compensation in respect of the acquired land being an extent of Ac. 8.00 cents out of Ac. 4.40 Cents in Sy.No. 236-1, Ac. 0.52 Cents in Sy.No. 236-2, Ac. 2.34 Cents in Sy.No. 236-3, Ac. 2.36 Cents 236-4, 0.84 cents in Sy.No. 242/1, Ac. 2.47 cents in Sy.No. 242/2, Ac. 4.80 Cents in Sy.No. 242-4, Ac. 6.49 Cents in Sy.No. 266, Ac. 6.96 Cents Sy.No. 267 and Ac. 1.80 cents in Sy.No. 270/2 and Ac. 6.75 Cents in Sy.No. 269-2 situated at Hemavathi Village, Amarapuram Mandal, District is as illegal, arbitrary and violative article 14 in Sy.No. in Sri Satya Sai 21 and 300-A of the Constitution of India and contrary to the Right to Fair Compensation Transparency in Land Acquisition, Rehabilitation and Resettlement and Act, 2013 and consequently direct the respondents to pay the compensation after passing the awards in respect of the above subject land. lA NO: 1 OF 202*; 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 direct the respondents to consider the payment of compensation after passing the award in respect of the acquired land being an extent of Ac. 8.00 Cents out of Ac. 4.40 Cents in Sy.No. 236-1, Ac. 0.52 Cents in Sy.No. 236-2, Ac. 2.34 Cents in Sy.No. 236-3, Ac. 2.36 Cents in Sy.No. 236-4, 0.84 cents i ' Sy.No. 242/1, Ac. 2.47 cents in Sy.No. 242/2, Ac. 4.80 Cents in Sy.No. 242-4, Ac. 6.49 Cents in Sy.No. 266, Ac. 6.96 Cents in Sy.No. 267 and Ac. 1.80 cents in Sy.No. 270/2 and Ac. 6.75 Cents in Sy.No. 269-2 situated at Hemavathi Village, Amarapuram Mandal, in Sri Satya Sai District, pending disposal of the writ petition f Counsel for the Petitioners: SRI P NARASIMHULU Counsel for the Respondent Nos.1,3,4,5,6: GP FOR ROADS BUILDINGS Counsel for the Respondent No.2: GP FOR LAND ACQUISITION The Court made the following order: % APHC010075792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 4086/2025 Between: 1.RAMA, S/0. LATE SANNAOBULESAPPA, AGED ABOUT 52 YEARS, R/0. HOSAHATTI, HEMAVATHI VILLAGE, AMARAPURAM MANUAL SRI SATYA SAI DISTRICT. 2.HANUMANTHARAYA, S/0. DODDA HANUMANTHARAYAPPA, AGED ABOUT 55 YEARS, R/0. HOSAHATTI, AMARAPURAM MANUAL, SRI SATYA SAI DISTRICT. HEMAVATHI VILLAGE, ...PETITIONER{S) AND 1.THE STATE OF ANDHRA PRADESH. REP. BY ITS PRINCIPAL SECRETARY, ROAD AND BUILDING DEPARTMENT, SECRETARIAT BUILDINGS. VELAGAPUDI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, LAND ACQUISITION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 3.THE DISTRICT COLLECTOR, SRI SATYA SAI DISTRICT AT PUTTAPARTHI. 4.THE SUPERINTENDENT ENGINEER, ROAD AND BUILDINGS, PUTTAPARTHI SRI SATYA SAI DISTRICT. 5.THE EXECUTIVE ENGINEER. ROAD AND BUILDINGS PUTTAPARTHI, SRI SATYA SAI DISTRICT. » 2 6.THE ASST EXECUTIVE ENGINEER, ROAD AND HEMAVATHI MANDAL SRI SATYA SAI DISTRICT. BUILDINGS AT ...RESPONDENT(S): Counsel for the Petitioner(S): 1.P NARASIMHULU Counsel for the Respondent{S): 1.GP FOR ROADS BUILDINGS 2.GP FOR LAND ACQUISITION The Court made the following; ORAL ORDER: Heard Sri P. Narasimhulu, learned Counsel for the Writ Petitioner and Sri Sk. Abdul Rasheed, learned Assistant Government Pleader for Roads & Buildings. 2. The present Writ Petition is filed seeking the following relief: “It is therefore prayed that the Hon’ble Court may be pleased to issue a writ, order or direction more particularly one in the nature of mandamus declaring the action of the respondents in not passing the award for payment of compensation in respect of the acquired land being extent of Ac. 8.00 cents out of Ac. 4.40 Cents in Sy.No. 236-1, Ac. 0.52 Cents in Sy.No. 236-2, Ac. 2.34 Cents in Sy.No. 236-3, Ac. 2.36 Cents in Sy.No. 236-4, 0.84 cents in Sy.No. 242/1, Ac. 2.47 cents in Sy.No. 242/2, Ac. 4.80 Cents in Sy.No. 242-4, Ac. 6.49 Cents in Sy.No. 266, Ac. 6.96 Cents in Sy.No. 267 and Ac. 1.80 cents in Sy.No.270/2 and Ac. 6.75 Cents in Sy.No. 269-2 situated at Hemavathi Village, Amarapuram Mandal, Sri Satya Sai District is as illegal, arbitrary and violative article 14, 21 and 300-A of the Constitution of India and contrary to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and consequently direct the respondents to pay the compensation after passing the awards in respect of the above subject land and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. an f 3 It is further prayed that this Hon’ble Court may be pleased to direct the respondents to consider the payment of compensation after passing the award in respect of the acquired land being an extent of Ac. 8.00 cents out of Ac. 4.40 Cents in Sy.No. 236-1, Ac. 0.52 Cents in Sy.No. 236-2, Ac. 2.34 Cents in Sy.No. 236-3, Ac. 2.36 Cents in Sy.No. 236-4, 0.84 cents in Sy.No. 242/1, Ac. 2.47 cents in Sy.No. 242/2, Ac. 4.80 Cents in Sy.No. 242-4, Ac. 6.49 Cents in Sy.No. 266, Ac. 6.96 Cents in Sy.No. 267 and Ac. 1.80 cents in Sy.No.270/2 and Ac. 6.75 Cents in Sy.No. 269-2 situated at Hemavathi Village, Amarapuram Mandal, Sri Satya Sai District, pending disposal of the writ petition, and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. ” 3. It is the contention of the Writ Petitioners that in the year 1980 itself, the Official Respondents have highhandedly laid the road in the property belonging to the Writ Petitioner. 4. Learned Counsel for the Writ Petitioners has drawn the attention of this Court to the Revenue Record (Ex.P.1), indicating that the name of the Writ Petitioner is mentioned in respect of certain survey numbers. On enquiry made by this Court whether the Writ Petitioner has at all got the land surveyed to firstly identify his property and also the location thereof, which would in fact be clinching the issue, the learned Counsel for the Writ Petitioners has submitted that, because of illiteracy on the part of the Writ Petitioners, they have not sought any Survey Report. 5. 6. Admittedly, the road has been laid in the year 1980, and if the said road has been laid in the property belonging to the Writ Petitioner, the least that the Writ Petitioners could have done is to seek a Survey of the land and obtain a Survey Report in this regard. Since the same has not been done, this Court is of the view that this Writ Petition cannot be entertained. 7. Accordingly, the Writ Petition is dismissed. No order as to costs. However, liberty is granted to the Writ Petitioners to seek a Survey of the land, and if it so emerges that the road has been laid on the Petitioner’s 8. I 4 subject land, the Writ Petitioners available to them under law. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- NNAGAMMA ASSISTANT REGISTRAR are at liberty to avail all remedies as 9. //TRUE COPY// Tk SECTION OFFICER To, 1. One CC to Sri. P Narasimhulu Advocate [OPUC] 2. Two CCs to GP For Roads Pradesh [OUT] 3. Two CCs to Pradesh [OUT] 4. Two CD Copies. Buildings, High Court of Andhra GP For Land Acquisition, High Court of Andhra AL f HIGH COURT \ DATED;21/07/2025 ORDER WP NO. 4086 OF 2025 ANO/;^ M 2 ? SEP ?m ys rr o\ DISMISSING THE W.P. WITHOUT COSTS