APHC010323302017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3206] FRIDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 29029/2017 Between: 1. MANNAVA BABU RAO, S/O SUBBA RAO, AGED 66 YEARS, OCC: AGRICULTURE, R/O KRISHNAYAPALEM VILLAGE, MANGALAGIRI MANDAL, GUNTUR DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, GUNTUR DISTRICT AT GUNTUR. 3. THE REVENUE DIVISIONAL OFFICER, GUNTUR DIVISION, GUNTUR DISTRICT. 4. THE TAHSILDAR, MANGALAGIRI MANDAL, GUNTUR DISTRICT. 5. THE SPECIAL DEPUTY COLLECTORCUMLAND ACQUISITION OFFICER, CAPITAL REGION DEVELOPMENT AUTHORITY (CRDA), KRISHNAYAPALEM VILLAGE, MANGALAGIRI MANDAL, GUNTUR DISTRICT. 6. CAPITAL REGION DEVELOPMENT AUTHORITY CRDA, ANDHRA PRADESH AT VIJAYAWADA, KRISHNA DISTRICT, REP.BY ITS COMMISSIONER. 7. THE COMPETENT AUTHORITY, LAND POOLING SCHEME, UNIT-1, KRISHNAYAPALEM, MANGALAGIRI MANDAL, GUNTUR DISTRICT. 2 RRR,J W.P.No.29029 of 2017 ...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 a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in initiating proceedings for acquisition of the land of the petitioner for an extent of Ac.2-15 cents, situated in Sy.No.(D.No.)158/A/B of Krishnayapalem village, Mangalagiri Mandal, Guntur District, under the provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement, Act, 2013 (Act 30 of 2013) through Preliminary Notification Rc.No.124/2016-G1, dated 31-12-2016 and the Declaration Part-1 in Rc.No.124/201.6/G1, dated 29-06-2017 of the 2nd respondent, despite the petitioner consented for the purpose of land pooling under the Land Pooling Scheme of the Andhra Pradesh Capital Region Development Authority Act, 2014, without correcting the extent as Ac.2-28 cents from Ac.2-15 cents for the purpose of Land Pooling as illegal, arbitrary and violative of Articles 14 and 300-A of the Constitution of India and also contrary to the provisions of the Act and set aside the same and consequently direct the respondents to rectify the extent of the subject property from Ac.2-15 cents to Ac.2-28 cents and take further steps under the Land Pooling Scheme without acquisition under the Act 30 of 2013 IA NO: 1 OF 2017(WVMP 4807 OF 2017 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 WP No. 29029 of 2017 & 33387 of 2016 dated 13-9-2017 and pass IA NO: 2 OF 2017(WPMP 36107 OF 2017 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 No.5 to 7 to forthwith take steps to correct the land extent and arrange payment in respect of the land of the petitioner from an extent of Ac.2- 15 cents to Ac.2-28 cents, situated in D.No. 158/A/B of Krishnayapalem village, Mangalagiri Mandal, Guntur District, for the purpose of land pooling under the Land Pooling Scheme of the Andhra Pradesh Capital Region Development Authority Act, 2014, duly considering the 3 RRR,J W.P.No.29029 of 2017 representation dated 15-10-2015 submitted by the petitioner, pending disposal of the main Writ Petition Counsel for the Petitioner: 1. SRICHARAN TELAPROLU Counsel for the Respondent(S): 1. GP FOR LAND ACQUISITION (AP) 4 RRR,J W.P.No.29029 of 2017 The Court made the following Order: The petitioner claims ownership over an extent of Ac.2.28 cents of land in Sy.No.158/A/B of Krishnayapalem Village, Mangalagiri Mandal, Guntur District. The said land was sought to be taken over, under a land pooling scheme, initiated for development of Amaravati, by the 6th respondent. 2. Though the petitioner claims ownership over an extent of Ac.2.28 cents of land (infact claims actual ownership over an extent of Ac.2.44 cents of land), the petitioner had approached this Court, by way of W.P.No.33387 of 2016, contending that, the revenue records had been corrected, due to which the land holding of the petitioner, which was originally shown as Ac.2.28 cents of land was reduced to Ac.2.15 cents of land. 3. It appears that, on 31.12.2016, the 2nd respondent issued a preliminary notification, under Act 30 of 2013, for acquiring the land of the petitioner. At that stage, an extent of Ac.2.15 cents of land is said to have been shown to be the property of the petitioner. As the remaining 13 cents were excluded, the petitioner sought to get the same rectified. However, the petitioner persists in contending that an extent of Ac.2.15 cents is involved. On account of these actions of the respondents, the petitioner has again approached this Court, by way of the present Writ Petition. 4. In this Writ Petition, the petitioner assails the action of the respondents in issuing preliminary notification, dated 31.12.2016 and subsequent 5 RRR,J W.P.No.29029 of 2017 declaration, dated 29.06.2017, showing ownership of the petitioner only to an extent of Ac.2.15 cents of land and not an extent of Ac.2.28 cents of land. 5. The learned Government Pleader submitted that the said notifications are being withdrawn with a view to initiate fresh action for acquisition of these lands either by way of land pooling or by way of acquisition of the land under the Act 30 of 2013. The petitioner, while not objecting to the said withdrawal of notification and declaration, would contend that, the issue raised by the petitioner has not been resolved in view of the fact that the declaration and notification are being withdrawn. 6. However, the issue raised by the petitioner would remain and the same can be considered by the respondents, at the stage of issuing fresh declaration and notification either under the land pooling scheme or Act 30 of 2013. 7. Accordingly, this Writ Petition is disposed of, leaving open this issue of whether the petitioner is entitled to compensation or allotment of land, in relation to Ac.2.15 cents of land or Ac.2.28 cents of land. There shall be no order as to costs. 6 RRR,J W.P.No.29029 of 2017 As a sequel, pending miscellaneous applications, if any, shall stand closed. ________________________ R. RAGHUNANDAN RAO, J Date:02.01.2026 KPV 7 RRR,J W.P.No.29029 of 2017 229 THE HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION No:29029 of 2017 02.01.2026 KPV