APHC010097422020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT / THE HONOURABLE SRI JUSTICE B. KRISHNA MOHAN WRIT PETITION NO: 5955 OF 2020 Between: 1. Raavinuthala Venkata Srinivasa Rao, S/o. Krishna Murthy, Hindu, aged about 54 years, R/o. D.No.9-2-39, Balajiraopet, Ongole, Prakasam District. 2. Dammala Srinivaslu, S/o. Brahmmaiah, Hindu, aged about 45 years, R/o. Mangamooru Village, Santhanuthalapadu Mandal, Prakasam District. 3. Addanki Markendeyulu* S/o. Sarveswara Rao, Hindu, aged about 42 years, R/o. Ganapavaram Village, Karlapalem Mandal, Guntur District. 4. Boda Chinnammayye, W/o. Mallikarjun, Hindu, aged about 48 years, R/o. D.No.2-35, Ramachandrapuram, Jarugumalli Mandal, Prakasam District. 5. Narra Chinna Swamy, S/o. Subbarayudu, Hindu, aged about 51 years, R/o. D.No.1-77(1), Kammapalem, Ongole, Prakasam District. 6. Mungara Prabhakara Rao, S/o. Veera Swamy, Hindu, aged about 56 years, R/o. D.No.6-12, Nagendra Nagar, Ongole, Prakasam District. 7. Atluru Ammaiah, S/o. Nagaiah, Hindu, aged about 60 years, R/o.Door No.4-284(5), Dibbala Road, Ongole Town, Prakasam District. 8. Rentachintala Venugopal, S/o. Late Viswanadham, Hindu, aged about 41 years, R/o. D.No.2/64, Panchayati Bazar, Ammanabolu Bazar, Prakasam District. j ...Petitioners AND 1. The Union of India, Rep. by Secretary, Ministry of Railways, Rail Bhavan, No.1, Raisina Road, New Delhi. 2. The South Central Railways, Secunderabad, Rep. by its General Manager, Secunderabad. 3. The District Collector, Prakasam District, Ongole. 4. The Revenue Divisional Officer, Kandukur, Prakasam District. 5. The Mandal Tahsildar, Poddili, Prakasam District. ...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 any writ or direction more particularly one in the nature of Writ of Mandamus declaring the land acquisition proceedings vide proceedings Rc.No.G1/1703/2015, dated 20-05-2018 for the land in an extert of Ac.3.14 cents in Sy.No.266/8-B situated in Kambhalapadu Village, Poddili Mandal, Prakasam District as illegal arbitrary and contrary to the statutory procedL re under the Provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and consequently set-aside the same and further direct the authorities to issue fresh notification and to award compensation to the petitioners in accordance with law. nolIOFIO^ lA Petition under Section 151 CPC praying that in the circumstances stated affidavit filed in support of the writ petition, the High Court may be in the pleased to direct the 4*'' respondent not to disburse compensation to any for the land in an Extent of Ac.3.14 cents in Sy.No.266/8 situated in person Khambalapadu Village, Podili Mandal, Prakasam District pending disposal of the Writ Petition. Counsel for the Petitioners: SRI RAJA REDDY KONETI rnunsel for the Respondent Nos.1 & 2 : SRI G.ARUN SHOWRI (CENTRAL GOVT. COUSEL) Counsel for the Respondent Nos.3 to 5 : GP FOR REVENUE The Court made the following order: APHC010097422020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] THURSDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 5955/2020 getween: 1.RAAVINUTHALA VENKATA SRINIVASA RAO S/0. KRISHNA MURTHY, HINDU, AGED ABOUT 54 YEARS, R/O. D.NO.9-2-39, BALAJIRAOPET, ONGOLE, PRAKASAM DISTRICT. 2.DAMMALA SRINIVASA RAO,, S/0. BRAHMMAIAH, HINDU, AGED ABOUT 45 YEARS, SANTHANUTHALAPADU MANDAL, PRAKASAM DISTRICT. 3.ADDANKI MARKENDEYULU,, S/0. SARVESWARA RAO, HINDU, aged about 42 YEARS, R/O. GANAPAVARAM VILLAGE, KARLAPALEM MANDAL, GUNTUR DISTRICT. 4.BODA CHINNAMMAYYE, , W/0. MALLIKARJUN, HINDU, AGED ABOUT 48 YEARS, R/O. D.NO.2-35, RAMAC HAN D RAP U RAM, JARUGUMALLI MANDAL, PRAKASAM DISTRICT. 5.NARRA CHINNA SWAMY,, S/0. SUBBARAYUDU. HINDU, AGED ABOUT 51 YEARS, R/O. D.N0.1-77(1), KAMMAPALEM, ONGOLE, PRAKASAM DISTRICT. 6.MUNGARA PRABHAKARA RAO,, S/0. VEERA SWAMY, HINDU, aged about 56 YEARS, R/O. D.NO.6-12, NAGENDRA NAGAR, ONGOLE, PRAKASAM DISTRICT. R/O. MANGAMOORU VILLAGE, 7.ATLURU AMMAIAH,, S/0. NAGAIAH, HINDU, AGED ABOUT 60 R/O.DOOR N0.4-284(5), DIBBALA ROAD, ONGOLE YEARS, TOWN, PRAKASAM DISTRICT 8.RENTACHINTALA VENUGOP.AL,, S/0. LATE VISWANADHAM, HINDU, AGED ABOUT 41 YEARS, R/O. D.NO.2/64, PANCHAYATI 2 BAZAR, AMMANABOLU BAZAR, PRAKASAM DISTRICT. ...PETITIONER{S) AND 1.THE UNION OF INDIA, REP. BY SECRETARY, MINISTRY OF RAILWAYS, RAIL BHAVAN, N0.1, RAISINA ROAD, NEW DELHI. 2.THE SOUTH CENTRAL RAILWAYS, SECUNDERABAD, REP. BY ITS GENERAL MANAGER, SECUNDERABAD. 3.THE DISTRICT COLLECTOR, PRAKASAM DISTRICT, ONGOLE. 4.THE REVENUE DIVISIONAL OFFICER, KANDUKUR, PRAKASAM DISTRICT 5.THE MANDAL TAHSILDAR, PODDILI, PRAKASAM 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 toto issue any writ or direction more particularly one in the nature of Writ of Mandamus declaring the land acquisition proceedings vide proceedings Rc.No.G1/1703/2015, dated 20-05-2018 for the land in an extert of Ac.3.14 cents in Sy.No.266/8-B situated in Kambhalapadu Village, Poddili Mandal, Prakasam District as illegal arbitrary and contrary to the statutory procedL re under the Provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and consequently set-aside the same and further direct the authorities to issue fresh notification and to award compensation to the petitioners in accordance with law and pass lA 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 direct the 4th respondent not to disburse compensation to any person for the land in an Extent of Ac.3.14 cents in Sy.No.266/8 situated Khambalapadu Village, Podili Mandal, Prakasam District pending disposal of the Writ Petition, and pass lA NO: 1 OF 2025 in 3 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 Counsel for the Petltioner(S): 1.RAJA REDDY KONETI Counsel for the Respondent(S): 1.GP FOR REVENUE (AP) 2.G.ARUN SHOWRI(CENTRAL GOVT. COUSEL) t- ' 4 I The Court made the following Order: r Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for the respondents. This writ petition was filed questioning the land acquisition 2. proceedings in Rc.No.G1/1703/2015, dated 20.05.2018 for the land in an extent of Ac.3.14 cents in Sy.No.266/8-B situated in Kambhalapadu Village, Poddili Mandal, Prakasam District. The learned counsel for the petitioners submits that the 3'^'^ respondent issued a preliminary notification under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and 3. Resettlement Act, 2013 in Rc No G1-1703/2015 dated 20 05 2018 published in Part-1, extraordinary A.P. Gazette for the lands to the extent indicated in the schedule situated in Kambhalapadu Village of Poddili Mandal, Prakasam District which are needed for the purpose of laying of new broad gage railway line from Nadikudi to Srikalahasti. The total extent of the land sought to be acquired under the said notification is Ac. 12.44 cents. A declaration under Section 19(1) of the Land Acquisition Act, 2013 was issued on 06.10.2018. The award enquiry notice in Rc.A/3486 was issued by the 4“^ respondent. Thereafter, the 4**^ respondent passed an award fixing the compensation amount due to the persons who lost their lands. But so far as these writ petitioners is concerned the subject land is confined only to the extent of Ac.3.14 cents in Sy.No.266/8. 4. As per the preliminary notification also the subject land was shown in the name of one Yelamanchalli Veeranjaneyulu as pattedar but the said person died long back as there was no updation of the revenue records. As per the Section 11(5) of the above said Act, 2013, the 3 respondent shall complete the exercise of updating the land records as prescribed within a period of two (2) months after issuance of notice under Section 11(1) before the issuance of the declaration under Section 19 of the said Act. Even under Section 11(5) of the said Act there shall be an exercise to mark out the land measurement and plan have to be prepared. Since the Land Acquisition Officer/ 4‘^ respondent issued notices in the name of a dead person, a fresh exercise has to be made to identify the real owners of the subject land for the purpose of payment of compensation. 5. On the other hand, the learned Assistant Government Pleader relying upon the counter of the 4*^ respondent submits that the individual notices were served under Section 21(4). Award enquiry was conducted on 09.02.2019 in the office of the 5‘^ respondent in respect of the lands under acquisition in Sy.No.209-2B, 215-2, 231-3B of patta lands of Kambhalapadu Village of Podili Mandal and thereafter award was passed vide No.08/2019 dated 28.02.2019. Since some of the house site purchasers attended the enquiry and claimed the compensation but as there was no sufficient proof to show that allotment of plots in their favour and as there was no sufficient proof to match that the said plots fallen in the alignment, they requested more time to identify the actual plots fallen in the allotment under some 6 acquisition. The land compensation amount of Rs.21,31,544/- was ordered to be deposited in the LAO account (Revenue Deposit) for disposal after thorough enquiry as per the instructions issued vide Memo No.Rev.26022/ IB/2016-ASLA-Revenue Land Acquisition dt.21.02.2017. However, as the subject land pertains to the house sites to an extent of Ac.3.14 cents in Sy.No.266/8-B standing in the name of Sri Yelamanchalli Veeranjaneyulu and as there were transactions between purchasers and Sri Yelamanchalli Veeranjaneyulu, as the said layout was considered by the competent authority as approved layout and as there was no conversion of agriculture land into non-agriculture land, the petitioners’ rights could not be identified. But on verification as stated above, since the subject land was converted into house sites, the 5^^ respondent undertook to exercise to identify the house site plots fallen in alignment to find out the actual land owners for the purpose of distribution of the determined compensation amount in proportionality which is under process. Since the writ petitioners have not made any request regarding the purchase of land for house sites, there was no mutation of agriculture lands in the revenue records in their names. At present the 5'^ respondent is attending for verification of house site plots fallen in land alignment in Sy.No.266/8-B and soon after completion of the identification of the plot numbers fallen, the house site plot holders will be called for enquiry to submit their title over the lands. 6. 7. In view of the above said facts and circumstances and upon consideration of the rival submissions made, in order to save further time in 7 this matter, the petitioners are directed to submit their representations enclosing all the necessary documents in support of their claim to the respondent Nos.3 to 5 for the payment of compensation to the extent of their subject house site plots out of the compensation fixed already within a period of four (4) weeks from the date of receipt of this order. On receipt of the same, the respondents’ authorities concerned/ 3 to 5 are directed to consider and dispose of the same as expeditiously as possible, preferably within a period of three (3) months thereafter by conducting enquiry and upon hearing of the submissions made by the petitioners and others concerned, upon giving due opportunity, upon verification of the records and the subject land, appropriate compensation shall be paid out of the total determined compensation which is in deposit of the revenue account in proportionality to the each individual claimant/ real owners of the subject plots and if the petitioners are entitled to receive individually the said compensation and as per their entitlement the same shall be released in accordance with law by completing the whole exercise. 8. Accordingly, the writ petition is disposed of. There shall be no order as to costs. As a sequel. Miscellaneous Petitions pending, if any, shall stand Sd/- P VINOD KUMAR assistant registrar SECTION OFFICER closed. //TRUE COPY// To. 1. The Secretary, Union of India, Ministry of Railways, Rail Bhavan Raisina Road, New Delhi. 2. The General Manager, South Central Railways, Secunderabad, No.1, <»v. 3. The District Collector, Prakasam District, Ongole. 4. The Revenue Divisional Officer, Kandukur, Prakasam District. 5. The Mandal Tahsildar, Poddili, Prakasam District. 6. One CC to Sri Raja Reddy Koneti, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 8. One CC to Sri G.Arun Showri, (central govt. Counsel) [OPUC] 9. Two CD Copies Cnr •i at t *: --J HIGH COURT DATED:28/08/2025 ORDER WP NO. 5955 OF 2020 1ISEf2IS ^ . Current Section ^^ Co DISPOSING OF THE W P WITHOUT COSTS