APHC010419942019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY, THE 15th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 20164/2019 Between: 1. BOINA RAMA KRISHNA, S/O. BHIRAGI, AGED ABOUT 54 YEARS, OCC- AGRICULTURE LABOUR, R/O KOCHERLA , KALIDINDI MANDAL, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDING,VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KRISHNA DISTRICT, MACHILIPATNAM. CHILAKALAPUDI, KRISHNA DISTRICT. 3. THE LAND ACQUISITION OFFICER, AND REVENUE DIVISIONAL OFFICER, GUDIWADA, KRISHNA DISTRICT. 4. THE THAHASILDAR MRO, KALIDINDI MANDAL, KALIDINDI, KRISHNA 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 topleased to issue a Writ , order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents interfering with the peace full possession and enjoyment of an agricultural land to the extent of Ac.0.39 cts in R.S.No.43/14 of petitioner in Kocherla Village, 2 VS,J W.P.Nos.20164 & 20162 of 2019 Kalidindi Mandal, Krishna District as illegal, arbitrary ,contrary to law and violation of provisions of Article 14 ,16,21 and 300(A) of constitution of India and principles of natural justice and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the above lands and if necessary take their own Govt lands to an extent of Ac. 3.81 cts in Survey Nos. 101, 102, 4-10, Ac. 3.13 cts in Survey No. 34-17, 34-8, 46-16, 47-1, 48-14C and some extent of puntha land in Survey Nos. 111, 122, 123, 22, 30,32,83,36-1,38,45-12, 46 , 47-3, 48-1, 48-12, 48-146, 49-2, 50-1, 52-13, 9-3 in kocherla Village, kalidindi Mandal, Krishna District IA NO: 1 OF 2019 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 of dispossession of the petitioners from his own Agriculture lands to an extent of Ac.0.39 cts in .S.No.43/14 of the petitioner in Kocherla Village, Kalidindi Mandal, Krishna District IA 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 vacate the interim order granted on 13.12.2019 in IA.No. 1 of 2019 in WP.No. 20164 of 2019 and pass Counsel for the Petitioner: 1. T V V KOTESWARA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) WRIT PETITION NO: 20162/2019 Between: 1. MOVVA SURYA NARAYANA, , S/O RAMASWAMY, AGE 58 YEARS, R/O KOCHERLA VILLAGE, KALIDINDI MANDAL, KRISHNA DISTRICT. 3 VS,J W.P.Nos.20164 & 20162 of 2019 2. MOVVA SATYANARAYANA,, S/O RAMASWAMY, AGE 62 YEARS, RIO KOCHERLA VILLAGE, KALDINDI MANDAL , KRISHNA DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, , REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDING,VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KRISHNA DISTRICT, MACHILIPATNAM. CHILAKALAPUDI, KRISHNA DISTRICT. 3. THE LAND ACQUISITION OFFICER AND REVENUE DIVISIONAL OFFICER, , GUDIWADA, KRISHNA DISTRICT. 4. THE THAHASILDAR MRO, KALIDINDI MANDAL, KALIDINDI, KRISHNA 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 to issue a Writ , order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents interfering with the peace full possession and enjoyment of an agricultural land to the extent of Ac.0.29 cts in R.S.No.43/11 of lst petitioner and the agricultural land to an extent of Ac 0.25 cts in R.S.No. 43/12 of the 2nd petitioner in Kocherla Village, Kalidindi Mandal, Krishna District as illegal, arbitrary ,contrary to law and violation of provisions of Article 14 ,16,21 and 300(A) of constitution of India and principles of natural justice and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the above lands and if necessary take their own Govt lands to an extent of Ac. 3.81 cts in Survey Nos. 101, 102, 4-10, Ac. 3.13 cts in Survey No. 34-17, 34-8, 46-16, 47-1, 48-14C and some extent of puntha land in Survey Nos. 111, 122, 123, 22, 30,32,83,36-1,38,45-12, 46 , 47-3, 48-1, 48-12, 48-146, 49-2, 50-1, 52-13, 9-3 in kocherla Village, kalidindi Mandal, Krishna District IA NO: 1 OF 2019 4 VS,J W.P.Nos.20164 & 20162 of 2019 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 Stay of dispossession of the petitioners from their own Agriculture lands to an extent of Ac.0.29 cts in R.S.No.43/11 of 1st petitioner and the agricultural land to an extent of Ac 0.25 cts in R.S.No. 43/12 of the 2nd petitioner in Kocherla Village, Kalidindi Mandal, Krishna District IA 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 vacate the interim order passed in I.A No. 1 of 2019 in W.P No. 20162 of 2019, dated 13.12.2019 and pass Counsel for the Petitioner(S): 1. T V V KOTESWARA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) The Court made the following: 5 VS,J W.P.Nos.20164 & 20162 of 2019 COMMON ORDER: Both the writ petitions have been filed by different petitioners seeking similar relief and the issue involved in these writ petitions is identical. Hence, I feel it appropriate to decide the issue involved in these petitions by way of a common order by taking W.P.No.20164 of 2019 as leading case. 2. W.P.No.20164 of 2019 came to be filed under Article 226 of the Constitution of India, seeking the following prayer: “…to issue a Writ , order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents interfering with the peace full possession and enjoyment of an agricultural land to the extent of Ac.0.39 cts in R.S.No.43/14 of petitioner in Kocherla Village, Kalidindi Mandal, Krishna District as illegal, arbitrary ,contrary to law and violation of provisions of Article 14 ,16,21 and 300(A) of constitution of India and principles of natural justice and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the above lands and if necessary take their own Govt lands to an extent of Ac. 3.81 cts in Survey Nos. 101, 102, 4-10, Ac. 3.13 cts in Survey No. 34-17, 34-8, 46-16, 47-1, 48-14C and some extent of puntha land in Survey Nos. 111, 122, 123, 22, 30,32,83,36-1,38,45-12, 46 , 47-3, 48- 1, 48-12, 48-146, 49-2, 50-1, 52-13, 9-3 in kocherla Village, kalidindi Mandal, Krishna District…” 3. W.P.No.20162 of 2019 came to be filed under Article 226 of the Constitution of India, seeking the following prayer: 6 VS,J W.P.Nos.20164 & 20162 of 2019 “…to issue a Writ , order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents interfering with the peace full possession and enjoyment of an agricultural land to the extent of Ac.0.29 cts in R.S.No.43/11 of lst petitioner and the agricultural land to an extent of Ac 0.25 cts in R.S.No. 43/12 of the 2nd petitioner in Kocherla Village, Kalidindi Mandal, Krishna District as illegal, arbitrary ,contrary to law and violation of provisions of Article 14 ,16,21 and 300(A) of constitution of India and principles of natural justice and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the above lands and if necessary take their own Govt lands to an extent of Ac. 3.81 cts in Survey Nos. 101, 102, 4-10, Ac. 3.13 cts in Survey No. 34-17, 34-8, 46-16, 47-1, 48-14C and some extent of puntha land in Survey Nos. 111, 122, 123, 22, 30,32,83,36-1,38,45-12, 46 , 47-3, 48- 1, 48-12, 48-146, 49-2, 50-1, 52-13, 9-3 in kocherla Village, kalidindi Mandal, Krishna District…” 4. The petitioner in W.P.No.20164 of 2019 claims that the land admeasuring Acs.0.39 cents in R.S.No.43/14 of Kocherla village, Kalididni mandal, Krishna district was assigned in his favour; that he is in possession of the same without any intervention by whomsoever concerned and that the revenue authorities have also issued pattadar passbooks and title deeds in his favour. Out of the total extent of land, the petitioner gifted Acs.0.10 cents each to his two daughters at the time of their marriage and that he is in possession of the remaining extent of Acs.0.19 cents of land. 7 VS,J W.P.Nos.20164 & 20162 of 2019 5. While the matter stood thus, on 07.12.2019, in grama sabha conducted by the 4th respondent, the petitioner was directed to vacate the subject land without any reason. Aggrieved by the same, the petitioner filed the present writ petition. 6. When W.P.No.20164 of 2019 came up for hearing on 13.12.2019, this Court passed the following interim order: “…For the reasons submitted by him, the status-quo obtaining as on today with reference to the agricultural lands to an extent of Ac.0.39 cents in R.S.No.43/14 of the petitioners in Kocherla Village, Kalidindi Mandal, Krishna District, shall be maintained by all concerned.” 7. The 3rd respondent filed a detailed counter affidavit enclosed with a vacate stay petition wherein it is stated that the subject land forms part of an extent of Acs.2.00 cents in various survey numbers, including R.S.No.43/14 of Kocherla Village, which was acquired by the Government for providing house sites to 97 poor families under the Indiramma/Pedalandariki Illu programme. Draft notification and draft declaration were issued under the Land Acquisition Act, 1894, on 01.06.2006 and 05.07.2006 respectively, and the award enquiry notices were also issued. It is further stated that award No.13/2006, dated 28.12.2006, was passed after taking advance possession of the acquired land on 04.09.2006. It is contended that as interested persons did not establish their title over the acquired land, the compensation was deposited before the Senior Civil Judge, Machilipatnam, under Section 31(2) read with Section 30 8 VS,J W.P.Nos.20164 & 20162 of 2019 of the Land Acquisition Act. The fact that compensation was deposited before the jurisdictional Court was informed to the petitioner's mother by way of a notice. As such, the petitioner has to approach the competent Civil Court for establishing his title and for receiving the compensation. 8. It is further stated in the counter affidavit that the Tahsildar initiated steps for preparing a layout over the acquired land for distribution of house sites to weaker sections under the “Pedalandariki Illu” programme. However, pursuant to the interim order passed by this Court, the authorities stopped preparation of the layout over Acs.0.39 cents in R.S.No.43/14. The respondents further contended that when the possession of the subject land had already been taken by the time the writ petition is filed, the claim of the petitioner that he is in possession of the same does not arise. If the petitioner is dissatisfied with the compensation awarded, he can file a reference under Section 18(1) of the Land Acquisition Act, 1894. Hence, requested to dismiss the writ petition. 9. Heard Sri. T.V.V. Koteswararao, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue. 10. Perused the entire material available on record. It can be seen that the petitioner was allegedly assigned the land admeasuring Acs.0.39 cents in R.S.No.43/14 of Kocherla Village and that he was in continued possession of the same. On the other hand, the respondents contend that 9 VS,J W.P.Nos.20164 & 20162 of 2019 vast lands including the subject land was acquired by the Government for providing house sites to weaker sections and that the acquisition proceedings had already been completed by the time the present writ petition was filed and an award was passed by competent authorities bearing award No.13/2006, dated 28.12.2006 and possession of the acquired land was taken on 04.09.2006. As the petitioner and other interested persons did not come forward to receive the compensation or establish their title pursuant to the award, the compensation amount was deposited before the Court below under Section 31(2) read with Section 30 of the Land Acquisition Act, 1894. 11. In view of the fact that the subject land has already been acquired by the Government pursuant to the land acquisition proceedings and an award has been passed on 28.12.2006, this Court is of the opinion that the petitioner cannot seek any relief in respect of the title to the subject land in the present writ petition. If the petitioner claims any right or title over the subject land, he is at liberty to approach the competent Court below, establish his title over the subject property and seek compensation amount as per his entitlement. 12. In view of the detailed order passed in W.P.No.20164 of 2019, W.P.No.20162 of 2019 is also disposed of on same lines. 13. Accordingly, these writ petitions are disposed of directing the petitioners to approach the competent Court where the compensation amount has been deposited and claim the same, after establishing their title over the 10 VS,J W.P.Nos.20164 & 20162 of 2019 subject lands. Upon such approach, the concerned authorities are directed to pay compensation to the petitioners as per their entitlement, in accordance with law. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in these Petitions shall stand closed. _____________________ JUSTICE V.SUJATHA 16.09.2026 Gss