APHC010645642017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3206] FRIDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 2124/2017 Between: 1. P.SUBRAMANYAM REDDY, S/O P.NARASA REDDY, AGED ABOUT 65 YEARS, RETIRED EMPLOYEE, R/O 8/2/270, GANDLA STREET, GANAPATHI NAGAR, SULLURUPET, SPSR NELLORE DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, REVENUE (LA) DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, A.P. 2. THE DISTRICT COLLECTOR SPSR NELLORE DISTRICT, - 3. THE TAHSILDAR, SULLURUPET MANDAL, SPSR NELLORE DISTRICT. 4. MANDAL SURVEYOR, SULLURUPET MANDAL, SPSR NELLORE DISTRICT 5. G SANKARAIAH, S/O BODAIAH, AGED ABOUT 65 YEARS, CONTRACTOR, CHERUVUKANDRIGA VILLAGE, K.C.N. GUNTA GRAMPANCHAYAT, SULLURUPET 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 toto issue a writ, order or direction more particularly one in the nature 2 RRR, J W.P.No.2124 of 2017 of writ of Mandamus declaring the action of the respondents in constructing Anganwadi building in petitioner's patta land that is Plot No.128 Ayyappa Nagar, Degalapalem Village, Sullurupet Mandal, SPSR Nellore District without acquiring the same as per the provisions of the Right to Fair Compensation, Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as illegal, unjust, arbitrary, high handed, mala fide, against Art.300A of the Constitution of India and consequently direct the respondents not to make any construction in the petitioner's patta land that is Plot No.128 Ayyappa Nagar, Degalapalem Village, Sullurupet Mandal, SPSR Nellore District without acquiring the same with further direction to remove the columns raised and also to pay the damages IA NO: 1 OF 2017(WVMP 1912 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 granted on 23.1.2017 in W.P.No.2124 of 2017 IA NO: 2 OF 2017(WPMP 2475 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 to forthwith stop any further construction in the petitioner's patta land that is Plot No.128 Ayyappa Nagar, Degalapalcm Village, Sullurupet Mandal, SPSR Nellore District, pending disposal of the above Writ Petition Counsel for the Petitioner: 1. L J VEERA REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. GP FOR LAND ACQUISITION (AP) 3 RRR, J W.P.No.2124 of 2017 The Court made the following Order: Heard Sri L.J. Veera Reddy, learned counsel for the petitioner and the learned Assistant Government Pleader for Land Acquistion. 2. The petitioner herein had purchased plot No.128 in the layout known as Ayyappa Nagar, Degalapalem Village, Sullurupet Mandal, SPSR Nellore District, by way of a deed of sale, dated 29.07.1989, registered as document No.788/1989. The extent of this plot is 2400 sft. 3. The petitioner has approached this Court, in the year 2017, by way of the present Writ Petition, contending that the respondent authorities started construction an “Anganwadi”, without acquiring the land of the petitioner and without any payment of compensation to the petitioner. 4. The respondents, at the stage of admission of the Writ Petition, had contended that the said building was being constructed in Sy.No.107/2 and not in plot No.128 covered by Sy.No.107/8 and that a counter affidavit shall be filed in this regard. 5. A learned Single Judge of the erstwhile High Court of Judicature at Hyderabad, for the states of Telangana and Andhra Pradesh, by an order, dated 23.01.2017, after recording the above submission, had directed that no further construction should be continued in the petition plot. 4 RRR, J W.P.No.2124 of 2017 6. No counter affidavit has been filed till today. In the circumstances, this Writ Petition is being taken up for hearing on the basis of the averments in the affidavit, filed in support of the Writ Petition. 7. The learned Assistant Government Pleader for Land Acquisition appearing for the respondents would reiterate the instructions which had been recorded by the learned Single Judge earlier. The said instructions state that the disputed construction is being held in Sy.No.107/2 and not in Sy.No.107/8, where the plot of the petitioner is located. It is further stated that the said plot is located in Sy.No.107/8, which is also a Government land. 8. In view of the aforesaid dispute, it would only be appropriate to dispose of this Writ Petition, with a direction to the authorities to localize the plot of the petitioner and show the said plot to the petitioner. The said exercise shall be carried out after due notice to the petitioner and after giving him an opportunity to be present during the localization exercise. For this purpose, the petitioner, upon receipt of such notice, can personally be present or through an authorized representative. 9. After such exercise of localization, it would also be open to the petitioner to raise his objections, if any, to the location of the plot, demonstrated by the respondent authorities. 10. Accordingly, this Writ Petition is disposed of, in terms of the above directions, with a further caveat that no further construction shall be 5 RRR, J W.P.No.2124 of 2017 carried out until the aforesaid exercise is carried out. Needless to say, if it is found that the petitioner is in possession of the land which belonged to the Government, he shall not be dispossessed, except in accordance with law. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ________________________ R. RAGHUNANDAN RAO, J 06.02.2026 MJA 6 RRR, J W.P.No.2124 of 2017 01 HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION NO: 2124/2017 06.02.2026 MJA