APHC010155442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] TUESDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 7915/2025 Between: 1. MANDAVA NAGABUSHANAM, S/O.M.VENGAIAH AGED 43 YEARS, OCC AGRICULTRUIST, R/O.D.NO.4-7-172, SIDDI SAL NAGAR, FCI COLONY, NAWABPET, NELLORE, SPSR NELLORE DISTRICT. 2. SMT.KANCHERLA RATHNAMMA,, W/O.SRINIVASULU AGED 48 YEARS, OCC HOUSE-WIFE, R/.D.N0.273-766, SARASWATHINAGAR, NELLORE URBAN, SPSR NELLORE DISTRICT. 3. CHALLA SRINIVASULU REDDY,, S/O.NAGI REDDY AGED71 YEARS, OCC AGRICULTRUIST, R/O.PONGURU VILLAGE, ANATHASAGARAM, SPSR NELLORE DISTRICT. 4. MADALA NAGESWARA RAO,, S/O.M.SUBBARAYUDU, AGED 50 YEARS, OCC AGRICULTURIST, R/O.PONGURU KANDRIKA VILLAGE, MARRIPADU MANDAL SPSR NELLORE DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY(LRRIGATION) DEPARTMANT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY IT'S PRINCIPAL SECRETARY(LAND ACQUISITION) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 3. THE STATE OF ANDHRA PRADESH, REP. BY IT'S PRINCIPAL SECRETARY (FINANCE) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT. 5. THE SPECIAL COLLECTOR, TELUGU GANGA PROJECT, NELLORE, SPSR NELLORE DISTRICT. 6. THE SPECIAL DEPUTY COLLECTOR, RAPUR AT NELLORE UNIT TELUGU GANGA PROJECT, NELLORE, SPSR NELLORE DISTRICT. 2 7. THE TAHSILDAR, MARRIPADU MANDAL, SPSR NELLORE 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents failed to pass an award as per preliminary notification in the year 2023 acquired for the Anam Sanjeeva Reddy High Level Lift Canal Balancing Reservior by the petitiners lands in (1st Petitioners) Sy.No.1306A for an extne of Ac.4.47 Cents, Sy.No.1307A for an extent of Ac.5.51 Cents, (2nd Petitioner) in Sy.No.1284A for an extent of Ac.4.24 Cents, (3rd Petitioner) in Sy.No.1264A for an extent of Ac.4.00 Cents and (4th Petitioner) in Sy.No.1493 for an extent of Ac.3.57 Cents total an extent of Ac.21.79 Cents situated in Ponguru Village, Marripadu Mandal, SPSR Nellore District as arbitrary, illegal against Art. 19, 21 and 300-A of the Constitution of India and consequentially direct the respondents to pass an award as per Act No.30 of 2013 by paying compensation as per law and to pass IA NO: 1 OF 2025 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 direct the respondents dispose of the representation Dt:04-11-2024 by passing an award for payment of compensation to the petitioners patta lands (1st Petitioners) Sy.No.1306A for an extne of Ac.4.47 Cents, Sy.No.1307A for an extent of Ac.5.51 Cents, (2nd Petitioner) in Sy.No.1284A for an extent of Ac.4.24 Cents, (3rd Petitioner) in Sy.No.1264A for an extent of Ac.4.00 Cents & (4th Petitioner) in Sy.No.1493 for an extent of Ac.3.57 Cents total an extent of Ac.21.79 Cents situated in Ponguru Village, Marripadu Mandal, SPSR Nellore District pending disposal of the above writ petition 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 May be pleased to grant leave to the petitioner herein / Respondent No.6 in the WP No.7915 of 2025 to file counter affidavit and pass Counsel for the Petitioner(S): 1. T SRINIVASULU Counsel for the Respondent(S): 1. GP FOR LAND ACQUISITION 2. GP FOR IRRI AND CAD 3. GP FOR FINANCE PLANNING 3 The Court made the following Order: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for the respondents. 2. This writ petition is filed questioning the action of the respondents in failing to pass an award as per preliminary notification of the year 2023 acquired for the Anam Sanjeeva Reddy High Level Lift Canal Balancing Reservoir by the petitioners lands in (1st petitioner) Sy.No.1306A for an extent of Ac.4.47 cents, Sy.No.1307A for an extent of Ac.5.51 cents, (2nd petitioner) in Sy.No.1284A for an extent of Ac.4.24 cents, (3rd petitioner) in Sy.No.1264A for an extent of Ac.4.00 cents & (4th petitioner) in Sy.No.1493 for an extent of Ac.3.57 cents total an extent of Ac.21.79 situated in Ponguru village, Marripadu Mandal, SPSR Nellore District. 3. On the other hand, the learned Assistant Government Pleader relying upon the counter of the 6th respondent submits that the details of the petitioners’ land as under: Sl. No. Sy. No. LA extent in Ac. Remarks 1. 1306 6.07 The subject lands are classified as Dotted (…) land as per RSR of Pongur village of Marripadu Mandal. The subject land is treated as a patta land according to the AP Dotted Lands Act, 2017 vide G.O.Ms.No.163, Revenue (Lands- VI), Dept., dt: 31.03.2023. Accordingly, preliminary notification proposals submitted to the Special Collector, TGP, Nellore and the same was approved by the Special Collector vide Rc.D1/368/2013, dt: 19.07.2023 and pubished in Daily Newspapers in Sakshi on 29.07.2023 & The Hindu on 30.07.2023. 2. 1284 6.21 4 3. 1307 5.51 The District Collector, SPS Nellore vide Rc.E2/607/2023 dated: 08.04.2024 has issued orders for an extent of Ac.5.90 cents in Sy.No.1307 of Pongur Village is treated as a patta land according to the AP Dotted Lands Act, 2017. 4. 1493 3.57 The subject land is treated as a patta land according to the AP Dotted Lands Act, 2017 vide G.O.Ms.No.163, Revenue (Lands-VI), Dept., dt:31.03.2023. 5. 1264- 1B 4.00 Out of total extent Ac.7.55 cents, Ac.4.40 cents in Sy.No.1264-2B payment was made. Remaining balance of extent Ac.3.15 cents. Total 25.36 4. After receipt of request from the concerned department, a preliminary notification under Section 11(1) of RFCTLA R&R Act, 2013 has been published vide Gazette No.08/TGP/2023 dt.24.07.2023 and the same was published in the daily newspapers dated 29.07.2023 and 30.07.2023 calling for objections if any in that regard within a period of 60 days from the date of publication of preliminary notification. In response to that, some claims were received. They are under enquiry. After conducting enquiry, declaration will be published under Section 19(1) of the Act, 2013. 5. After publication of declaration under Section 19(1) of RFCTLA R&R Act, 2013 sale particulars will be obtained from the concerned Sub-Registrar pertaining to preceding three years from the date of publication of preliminary notification i.e., from 30.07.2020 to 30.07.2023. After obtaining sales particulars, market value has to be arrived duly following the procedure under Section 26 of RFCTLA R&R Act, 2013. After arrival of the market value, necessary award proposals will be submitted to the 5th respondent for approval. After appraisal of 5 award proposals necessary action will be initiated for making payment of compensation to the land losers including the writ petitioners. It will require six months to complete the entire process. 6. In view of the above said facts and circumstances, recording the said contentions of the respondents, no further orders are necessary in this writ petition. 7. Accordingly, the writ petition is disposed of directing the respondents to expedite the process in accordance with law. 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 17.03.2026 NNN