Date of reserved for orders : Date of pronouncement : 24.06.2026 Date of uploading : APHC010129502018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE 24th DAY OF JUNE 2026 PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 5728/2018 Between: 1. DR. KONDRA ARUNA @ ARUNA KUMARI, OCC WORKING AS DOCTOR AND R/O. DOOR NO. 2-25/A, LAKSHMANA RAO PALLI, ATMAKURU TOWN AND MANDAL, SRI POTTI SRIRAMULU NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF A P, REP. BY ITS PRINCIPAL SECRETARY, LAND ACQUISITION DEPARTMENT, SECRETARIAT, AMARAVATHI, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, NELLORE, SRI POTTI SRIRAMULU NELLORE DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, ATMAKURU, SRI POTTI SRIRAMULU NELLORE DISTRICT. 4. THE SUPERINTENDENT ENGINEER, ROADS AND BUILDINGS DEPARTMENT, NELLORE, SRI POTTI SRIRAMULU NELLORE DISTRICT 2 VS,J W.P.No.5728 of 2018 ...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 to to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondents in issuing the Preliminary Notification for acquisition of the land for Road Widening from R.T.C. to Somasila Road center of Atmakuru Town and Mandal, Sri Potti Sriramulu Nellore District is arbitrary, unreasonable and without jurisdiction and accordingly set aside the impugned Preliminary Notification vide Ro No. 912/2012-G3, dated 17.11.2017 issued by the 2nd respondent in Form No. 6 A as per the conditions of section 11 (1) and Sub- Rule (1) of Rule 19 of Andhra Pradesh Guidelines under the Right to Fair Compensation and transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is arbitrary, unreasonable and accordingly set aside the same and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the residential house and Hospital building belongs to the Petitioner on her own Patta Land in an extent of Ac. 0.02 cents situated in Survey No. 855, of Atmakuru Village and Mandal, Sri Potti Sriramulu Nellore District IA NO: 1 OF 2018 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 not to interfere with the peaceful possession and enjoyment of the residential House and Hospital Building constructed by the Petitioner on the Patta Land in an extent of Ac. 0.45 cents situated in Survey No. 855/1, of Atmakur Village and Mandal, Sri Potti Sriramulu Nellore District, pending the disposal of the Writ Petition Counsel for the Petitioner: 1. T LAKSHMI NARAYANA Counsel for the Respondent(S): 1. GP FOR LAND ACQUISITION (AP) The Court made the following: 3 VS,J W.P.No.5728 of 2018 ORDER: This Writ Petition came to be filed under Article 226 of the Constitution of India, seeking the following prayer: “to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondents in issuing the Preliminary Notification for acquisition of the land for Road Widening from R.T.C. to Somasila Road center of Atmakuru Town and Mandal, Sri Potti Sriramulu Nellore District is arbitrary, unreasonable and without jurisdiction and accordingly set aside the impugned Preliminary Notification vide Ro No. 912/2012-G3, dated 17.11.2017 issued by the 2nd respondent in Form No. 6 A as per the conditions of section 11 (1) and Sub-Rule (1) of Rule 19 of Andhra Pradesh Guidelines under the Right to Fair Compensation and transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is arbitrary, unreasonable and accordingly set aside the same and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the residential house and Hospital building belongs to the Petitioner on her own Patta Land in an extent of Ac. 0.02 cents situated in Survey No. 855, of Atmakuru Village and Mandal, Sri Potti Sriramulu Nellore District” 2. Aggrieved by the action of the 2nd respondent in issuing the notification dated 17.11.2017 for acquisition of land to an extent of Acs.0.50 cents for the purpose of road widening contrary to the provisions of the Act 30 of 2013, the present writ petition is filed. 4 VS,J W.P.No.5728 of 2018 3. Heard Sri. T. Laksmi Narayana, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue. 4. Today, when the writ petition came up for hearing, learned Assistant Government Pleader furnished a copy of instructions of the 3rd respondent dated 10.11.2025, wherein it is stated that initially, the Executive Engineer, R&B division, Nellore filed a requisition vide letter No.318/JTO-2/LA/N.A.Road/Plan MDR/2014, dated 26.04.2017, to acquire land for improving Nellorepalem-Atmakur road from RTC bus stop to Somasila centre from KM.2/550 to 3/000 of Atmakur town and mandal, SPS Nellore district. The then land acquisition officer and Revenue Divisional Officer has issued preliminary notification in Form-VI(A) in Telugu and English under Section 11(1) of the Act 30, 2013 read with sub- rule (1) of Rule 19, vide Rc.No.B.272/2017, dated 02.11.2017 for acquiring the patta land to an extent of Acs.0.38 cents in Sy.Nos.905-2, 905-1, 855-1, 856, 857-2, 981-1 and 983 of Atmakur village and mandal, among which an extent of Acs.0.02 cents in Sy.No.855 belongs to the petitioner. Thereafter, a preliminary notification has been approved subsequent to which, the then land acquisition officer and Revenue Divisional Officer, Atmakur, vide Rc.I.214/2017, dated 03.11.2017 submitted valuation proposals for the subject land to the Collector and District Magistrate, SPS Nellore district to fix the value of the land at 5 VS,J W.P.No.5728 of 2018 Rs.2579/- per square yard under Section 26(1)(b) of the Act. Further, on completion of 60 days of mandatory period and on considering the objections raised by the pattadars, the then land acquisition officer and Revenue Divisional Officer, Atmakur has submitted draft declaration proposals in Form No.VII as per Section19(1) of the Act 30, 2013 read with sub-rule (1) of Rule 25, vide Rc.No.I.214/2017, dated 05.11.2018 for acquiring the patta land to an extent of Acs.0.36 cents in Sy.Nos.905-2 etc., of Atmakur village and mandal, which includes the land of the petitioner. 5. 5. Subsequently, the then land acquisition officer and Revenue Divisional Officer, Atmakur, vide Rc.I.214/2017, dated 04.11.2019 has reported to the District Collector that the time allowed for issuance of award would be expired by 13.11.2019 and requested to allow six months time as there is no budget allocation to meet the payment of compensation to the awardees. Meanwhile, the present writ petition was filed to set-aside the preliminary notification dated 17.11.2017. 6. During the course of arguments, when learned Assistant Government Pleader was instructed to obtain instructions as to whether any extension has been allotted in pursuance of the request made by the then land acquisition officer and Revenue Divisional Officer on 04.11.2019, learned Assistant Government Pleader has orally submitted 6 VS,J W.P.No.5728 of 2018 that no orders have been passed pursuant to the request made by the land acquisition officer and Revenue Divisional Officer for further extension of the time period to pass award. The said fact would clearly establish that the award was not passed so far. 7. Section 11 A of the Land Acquisition Act, 1894 prescribes time limit for passing of the award, which reads as under: “11A. Period within which an award shall be made.- (1) The Collector shall make an award under Section11 within a period of two years from the date of the publication of the declaration and if no award is made within that period, the entire proceeding for the acquisition of the land shall lapse:” 8. Admittedly, in the present case, no award was passed, though preliminary notification was issued on 02.11.2017. The said fact was also admitted by learned Assistant Government Pleader. 9. In view of the same, this Court is of the opinion that the proceedings for acquisition of land have lapsed. Therefore, the question of interference by the respondents with the possession and enjoyment of the petitioners over the subject land does not arise. As such, the impugned notification dated 17.11.2017 issued by the 2nd respondent is liable to be set-aside. 10. Accordingly, this writ petition is allowed and the preliminary notification bearing Ro.No.912/2012-G3, dated 17.11.2017 is hereby set- 7 VS,J W.P.No.5728 of 2018 aside. Further, the respondents are directed not to interfere with the peaceful possession and enjoyment of the petitioners over the subject property, without following due process of law. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Petition shall stand closed. _____________________ JUSTICE V.SUJATHA 24.06.2026 Gss Whether the order is : Speaking Yes/No / Recorded Yes/No Reportable Yes/No / Non-Reportable Yes/No