APHC010041472026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] THURSDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 2422/2026 Between: 1. POCHIRAJU BABU RAO, , SON OF RAMA SURYA PRAKASHA RAO, AGED ABOUT 79 YEARS, RESIDENT OF VADAPALLI VILLAGE ATREYAPURAM MANDAL, KONASEEMA DISTRICT. PINCOCLE-533237. 2. AYYAGARI PATTABHIRAMAM,, SON OF SUBBA RAO, AGED ABOUT 87 YEARS, RESIDENT OF VADAPALLI VILLAGE ATREYAPURAM MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT.PINCODE- 533237 3. SMT.AYYAGARI SAI PADMAJA,, WIFE OF SUBBA RAO, AGED ABOUT 50 YEARS, HOUSEWIFE, PERMANENT RESIDENT OF VADAPALLI VILLAGE, ATREYAPURAM MAN DAL, DR. B.R.AMBEDKAR KONASEEMA DISTRICT PINCODE-533237 AND PRESENTLY RESIDING AT NIZAMPET, HYDERABAD- 500090. 4. SMT. MACHIRAJU LAKSHMI @ SMT. MACHIRAJU LAKSHMI TAYARU,, WIFE OF MSSV CHALAPATHI RAO, AGED ABOUT 46 YEARS, HOUSEWIFE, VADAPALLI VILLAGE, ATREYAPURAM MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT,PINCODE- 533237, PRESENTLY RESIDIR .G AT FLAT NO. G-6, HIG-430, SS RIVIERA APARTMENTS, 6TH PHASE, KPHB COLONY, KUKATPALLY, HYDERABAD-500072. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, ROADS AND BUILDINGS, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT- PINCODE-522238. 2. THE DISTRICT COLLECTOR, , DR.B.R.AMBEDKAR KONASEEMA DISTRICT, AMALAPURAM. PINCODE- 533201. 3. THE REVENUE DIVISIONAL OFFICER, 2 KOTHAPETADIVISION, DR.B.R.AMBEDKAR KONASEEMADISTRICT. PINCODE-533223. 4. THE TAHSILDAR, ATREYAPURAM MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. PINCODE- 533235 5. THE EXECUTIVE ENGINEER, ROADS AND BUILDINGS, R AND B DIVISION, AMALAPURAM, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. PINCODE-533201 6. THE DEPUTY EXECUTIVE ENGINEER R AND B, SUB- DIVISION, KOTHAPETA, DR.B.R. AMBEDKAR KONASEEMA DISTRICT.PINCODE-533223. 7. THE EXECUTIVE ENGINEER PR AND RD DIVISION, AMALAPAURAM, DR. B.R.AMBEDKAR KONASEEMA DISTRICT. PINCODE-533201 8. THE DEPUTY COMMISSIONER AND EXECUTIVE OFFICER, SRI VENKATESWARA SWAMY TEMPLE, VADAPALLI, ATREYAPURAN MANDAL, DR. B.R.AMBEDKAR KONASEEMA DISTRICT, PINCODE 533237. 9. THE VADAPALLI GRAMA PANCHAYAT, IS REP. BY ITS SECRETARY, ATREYAPURAM MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. PINCODE-533237. 10. THE LOLLA GRAMA PANCHAYAT, IS REP. BY ITS SECRETARY, ATREYAPURAM MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. PINCODE-533237. ...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 ordirection more particularly one in the nature of writ of Mandamus, declaring the intending action of the respondents herein to acquire the petitioner's land as located on east side adjacent to the road leading to Vadapalli Village with unilateral action by depriving the rights of the petitioners and their lands as situated in Sy. Nos.29-3A, Sy.No.37-2 and Sy.No.38-1 of Vadapalli Village, Atreyapuram Mandal by without following the due procedure and rule of law is illegal, arbitrary, unconstitutional, by riot following the fair and lawful procedure by the State as guaranteed under Article 300A of the Constitution of India and also contrary to the scheme of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 herein after called as Land Acquisition Act 2013 or the settled law as settled by the Apex Court through seven directive in the matter of Kolkata Municipal Corporation matter as reported in (2024) 10 SCC 3 533 and consequently direct the respondents herein to stop the intending action of the road widening on one side through the petitioners land to an extent of Ac.0.41 cents situated in Sy.Nos.29-3A, to an extent of Ac.1.44 cents in Sy.No.37-2, to an extent of Ac.1.02 cents in Sy.No.37-2,to an extent of Ac.1.00 cents in Sy.No.38-1A and Ac.4.03 cents in Sy.No.38- 1 of Vadapalli Village, Atreyapuram Mandal till the scientific and transparent enquiry is conducted by the 2nd respondent District Collector and to pass IA NO: 1 OF 2026 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 all further proceedings to acquire the petitioners lands in the extent of Ac.0.41 cents situated in Sy.No.29-3A, to an extent of Ac. 1.44 cents in Sy.No.37-2, to an extent of Ac. 1.02 cents in Sy.No.37-2, to an extent of Ac. 1.00 cents in Sy.No.38- lA and Ac.4.03 cents in Sy.No.38-1 of Vadapalli Village, Atreyapuram Mandal pending disposal of the above writ petition and to pass Counsel for the Petitioner(S): 1. V SURENDRA REDDY Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. GP FOR REVENUE 4. KAPPERA KOTESWARA RAO SC for Endowments,AP Region. 4 The Court made the following Order: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for the respondent Nos.2 to 4. 2. This writ petition is filed questioning the action of the respondents to acquire the land of the petitioners as located on East side adjacent to the road leading to Vadapalli village with unilateral action by depriving the rights of the petitioners and their lands as situated in Sy.Nos.29-3A, 37-2 & 38-1 of Vadapalli village, Atreyapuram Mandal without following the due procedure and rule of law. 3. On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 4th respondent dated 02.02.2026 submits that as per Section 23, the Collector shall pass the award, taking into consideration of the land value, assets value and R & R benefits. As per Sections 26 to 30, compensation shall be determined. As per Sections 31 to 42, Rehabilitation and Resettlement shall be provided to the affected land owners. Finally, as per Section 38, the Government shall take possession. In the present case, no such procedure has been initiated. The petitioners have merely alleged the possibility of road widening. If the land of the present writ petitioners is required to be acquired, the aforesaid procedure has to be followed. 5 4. In view of the above said facts and circumstances, recording the above said instructions of the 4th respondent, no further orders are necessary in this writ petition. Further, it is made clear that, if at all the subject land is required for any public purpose, the respondent authorities concerned shall follow the due process of law with respect to the subject land. The land losers shall also be heard by giving due opportunity in accordance with law. 5. Accordingly, the writ petition is disposed of. The written instructions of the 4th respondent dated 02.02.2026 shall be made as part of the court recod. Interim order, if any, deemed to have been vacated. There shall be no order as to costs. As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 12.02.2026 NNN