APHC010530752023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 27427/2023 Between: 1. GUDIPATI VIJAYA RAO, S/O YERRAIAH, AGED ABOUT 80 YEARS, OCC. UN-EMPLOYEE, NAGAMPALLI VILLAGE AND KONAKANAMITLA MANDAL PRAKASAM DISTRICT. NOW RESIDING AT SINGARAYAKONDA VILLAGE, SINGARAYAKONDA MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS SPECIAL CHIEF SECRETARY, REVENUE DEPARTMENT, L AND A SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR AND MAGISTRATE, PRAKASAM DISTRICT, ONGOLE. 3. THE REVENUE DIVISIONAL OFFICER, KANIGIRI REVENUE DIVISION, KANIGIRI, PRAKASAM DISTRICT. 4. THE DISTRICT PANCHAYAT OFFICER, PRAKASAM 2 DISTRICT, ONGOLE. 5. THE TAHSILDAR, KONAKANAMITLA MANDAL, KONAKANAMITLA, PRAKASAM DISTRICT. 6. THE EXTENSION OFFICER P R, KONAKANAMITLA MANDAL, PRAKASAM DISTRICT. 7. THE BUDONKAYALAPADU GRAMA PANCHAYAT, REP., BY ITS SECRETARY, BUDONKAYALAPADU VILLAGE, KONAKANAMITLA MANDAL, PRAKASAM DISTRICT. RR 6 TO 7 ARE IMPLEADED AS PER COURTS ORDER DT.20.11.2025 IN I.A.NO.1 OF 2025 ...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 tomay be pleased issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondent Nos. 1 to 5 in taking the land of the petitioner ad measuring Ac.0-40 cents, situated in Survey Number 126 of Budonkayalapadu Village, Konakanamitla Mandal, Prakasam Districtand laying road stretching from Konakanamitla to Nagampalli without following due procedure prescribed under law as illegal, arbitrary, contrary to the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and in violation of Art. 21 and 300A of Constitution of India, and consequently direct the Rrespondent Nos. 1 to 5, to pay fair compensation to the petitioner as prescribed under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 with interest from the date of the land taken and till the date of payment of compensation and to pass such IA NO: 1 OF 2023 3 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 direct the Respondent Nos. 1 to 5 to pay fair compensation to the petitioner as prescribed under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation andResettlement Act, 2013 pending disposal of the main writ petition pending disposal of the above writ petition and to pass such 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 implead “ 1) The Extension Officer (P.R& R.D), Konakanamitia Mandal, Prakasam District, and 2) The Budonkayalapadu Grama Panchayat Rep., by its Secretary, Budonkaalapadu Village, Konakanamitia Mandal, Prakasam District” as 6th and 7thRespondents respectively in W.P No. 27427 of 2023 and in I.A No.1 of 2023 and pass Counsel for the Petitioner: 1. YADAVALLI RAMESH Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR LAND ACQUISITION 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: 4 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 27427/2023 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “….to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondent Nos.1 to 5 in taking the land of the petitioner ad measuring Ac.0.40 cents situated in SY.No.126 of Budonkayalapadu Village, Konakanamitla Mandal, Prakasam District, and laying road stretching from Konakanamitla to Nagampalli without following due procedure prescribed under law as illegal, arbitrary, contrary to the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 and in violation of Article 21 and 300-A of Constitution of India and consequently direct the respondent Nos.1 to 5 to pay fair compensation to the petitioner as prescribed under the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 with interest from the date of the land taken and till the date of payment of compensation and to pass such….” 2. This writ Petition is filed to direct the respondents 1 to 5 to pay the compensation to the petitioner under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, on the ground that to an extent of Ac.0.40 cents in Sy.No.126 of Budonkayalapadi Village, Konakanamitla Mandal, Prakasam District, out of the total extent of Ac.2.38 cents in the said survey number, respondents have laid a road stretching from 5 Konakanamitla Village to Nagampalli Village without following the due procedure contemplated under law. 3. The Government issued G.O.Ms.No.259, Revenue (Assn.I) Department, dated 21.06.2016, stating that whenever the assigned lands are required for a public purpose for a project or for alienation to a Govt. Department or Corporation, the lands shall be resumed as per conditions of Patta. The compensation for the resumed assigned lands shall be paid on par with the patta lands as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Hence the present writ petition is filed to direct the respondents to pay the compensation for the land to an extent of Ac.0.40 cents in Sy.No.126. 4. The 5th respondent-Tahsildar filed counter affidavit and denied the allegation that the road was laid by encroaching the land to an extent of Ac.0.40 cents in Sy.No.126 of the aforesaid village. It was stated that the road was laid only on the existing path, which was used by the villagers since long time. 6 5. The said factum was not denied by the petitioners by filing reply or rejoinder to the counter affidavit. Since there is no specific denial, it will be treated or deemed that the respondents have applied bituminous over an existing pathway; however, as there is a dispute with regard to the laying of the road, evidence is required. Therefore, this Court cannot adjudicate upon the disputed questions of fact and direct the respondents to pay the compensation, as the respondents are denying the fact of laying a new road except applying bituminous on the existing pathway. Hence, this Court is inclined to dispose of the writ petition with liberty to the petitioner to take further steps available under law. 6. Accordingly, the Writ Petition is disposed of, granting liberty to the petitioner to take further steps available under law. There shall be no order as to costs. As a sequel thereto, miscellaneous applications pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 11.03.2026 ANS 7 167 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 27427/2023 Date: 11.03.2026 ANS