APHC010471172022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY, THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 28636/2022 Between: 1. G. RAJAGOPAL NAIDU, S/O. G. ANANTHAIAH, AGED ABOUT 55 YEARS, R/O. FLAT NO. 407, VIJAYA TOWERS, SHANTI NAGAR, MASAB TANK, HYDERABAD, TELANGANA ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, LAND ACQUISITION DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 2. THE SPECIAL COLLECTOR, SRISAILAM PROJECT, KURNOOL KURNOOL DISTRICT 3. THE SPECIAL DEPUTY COLLECTOR LAND ACQUISITION, SRBC, NANDYAL, NANDYAL DISTRICT 4. THE EXECUTIVE ENGINEER, SRBC DIVISION, DIVISION NO. 2 85 3, OWK VILLAGE 85 MANDAL, NANDYAL 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 Writ of Mandamus, declaring the inaction of the respondents in not acquiring the petitioner's land admeasuring 62 cents along with structure(57 cents of land and structure covering 5 cents) in Sy.No. 492/1 of Cherlopalle Village, Owk Mandal, Nandyal District though same was taken possession for the purpose of Owk reservoir in 2015 itself and except the correspondence no steps are taken to initiate Land acquisition proceedings under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as illegal, arbitrary and consequently direct the respondents to forthwith initiate land acquisition 2 proceedings under the aforesaid Act and pass award by paying just compensation and pass IA NO: 1 OF 2022 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 to forthwith initiate Land acquisition proceedings under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for the petitioner's land admeasuring 62 cents along with structure(57 cents of land and structure covering 5 cents) in Sy.No. 492/1 of Cherlopalle Village, Owk Mandal, Nandyal District pending disposal of the above Writ petition, and pass IA NO: 1 OF 2023 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 grant leave to the petitioner herein / Respondent No.3 in the WP No.28636 / 2022 to file counter affidavit in the above writ petition and 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 grant leave to the Respondent No.4 to file Counter Affidavit in W.P.No. 28636 of 2022 and to pass IA NO: 2 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 grant leave to the petitioner herein / Respondent No.3 in the WP No.28636/2022 to file counter affidavit and pass Counsel for the Petitioner: 1. K RATHANGA PANI REDDY Counsel for the Respondent(S): 1. GP FOR LAND ACQUISITION 2. GP FOR IRRIGATION COMM AREA DEV 3 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 2. This writ petition was filed questioning the action of the respondents in not acquiring the petitioner’s land admeasuring 0.62 cents along with structure (0.57 cents of land and structure covering 0.5 cents) in Sy.No.492/1 of Cherlopalle village, Owk Mandal, Nandyal District though the same was taken possession for the purpose of Owk reservoir in 2015 itself and except the correspondence no steps are taken to initiate land acquisition proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 3. On the other hand, the learned Assistant Government Pleader relying upon the counter of the 3rd respondent submits that the 3rd respondent undertakes to complete the land acquisition proceedings expeditiously for the land to an extent of Ac.0.62 cents in Sy.No.492/1 of Cherlopalli village of Owk Mandal and ensures that the compensation payable to the petitioner in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 will be considered following the due procedure. She further submits that the 3rd respondent initiated the land acquisition process for the land in question i.e., the land in an extent of Ac.0.62 cents in 4 Sy.No.492/1 of Cherlopalli village, Owk Mandal of the petitioner on receipt of the requisition from the requisitioning authority and the compensation will be paid strictly in accordance with law under the provisions of RFCTLARR Act, 2013. 4. In view of the above said submissions, this writ petition is disposed of directing the 3rd respondent to complete the acquisition process in accordance with law as expeditiously as possible, preferably within a period of four (4) months from the date of receipt of this order. 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 05.01.2026 NNN