Date of reserved for orders : Date of pronouncement : 24.06.2026 Date of uploading : APHC010130132018 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: 5859/2018 Between: 1. DEVARAPALLI SRINIVASA RAO, R/O DOOR NO.5-167/A97 MANGALAGIRI VILLAGE AND MANDAL, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP.BY ITS PRL. SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KRISHNA DISTRICT, CHILAKALAPUDI, MACHILIPATNAM, KRISHNA DSITRICT. 3. THE EXECUTIVE ENGINEER, R AND B DEPARTMENT, NEAR VETERINARY HOSPITAL, LABBIPET, VIJAYAWADA. 4. THE TAHSILDAR, VIJAYAWADA RURAL MANDAL, VIJAYAWADA ...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 a Writ of Mandamus or any other appropriate Writ, Order or direction, declaring the action of the Respondents in laying the road by 2 VS,J W.P.No.5859 of 2018 encroaching the property of the petitioner to an extent of 300 sq. yards in and No. 751 and 751/1 situated at Nunna Village of Vijayawada Rural Mandal, Krishna District without conducting proper survey of the land of the Petitioner and without following due process and without informing the Petitioner is illegal, arbitrary, unjust and violation of the principles of natural justice and contrary to the regulations prescribed by the Government and consequently direct the Respondents to pay compensation to the Petitioner for the land encroached by them for the purpose of laying By-Pass road from Vijayawada to Nuzivid. 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 to conduct survey of the land of Petitioner to an extent of 300 sq. yards in S.No. 751/1, 751 situated at Nunna Village of Vijayawada Rural Mandal, Krishna District which was encroached by the Respondents for laying bypass road from Vijayawada to Nuzivid, pending disposal of the above writ petition 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 in the Writ Petition No.5859 of 2018 to file counter affidavit in the above writ petition and to pass IA NO: 1 OF 2026 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 to grant leave for filing of the counter affidavit in W.P No. 5859 of 2018 and pass Counsel for the Petitioner: 1. CH MARKONDAIAH Counsel for the Respondent(S): 3 VS,J W.P.No.5859 of 2018 1. GP FOR ROADS BUILDINGS 2. GP FOR REVENUE (AP) The Court made the following: 4 VS,J W.P.No.5859 of 2018 ORDER: This Writ Petition came to be filed under Article 226 of the Constitution of India, seeking the following prayer: “to issue a Writ of Mandamus or any other appropriate Writ, Order or direction, declaring the action of the Respondents in laying the road by encroaching the property of the petitioner to an extent of 300 sq. yards in and No. 751 and 751/1 situated at Nunna Village of Vijayawada Rural Mandal, Krishna District without conducting proper survey of the land of the Petitioner and without following due process and without informing the Petitioner is illegal, arbitrary, unjust and violation of the principles of natural justice and contrary to the regulations prescribed by the Government and consequently direct the Respondents to pay compensation to the Petitioner for the land encroached by them for the purpose of laying By- Pass road from Vijayawada to Nuzivid” 2. The case of the petitioner is that he is the absolute owner of the land admeasuring 300 square yards situated in R.S.No.751 and 751/1 of Nunna village, Vijayawada rural mandal, Krishna district, having purchased the same from one Yarlagadda Nagendra Rao vide registered sale deed dated 16.06.1997. Ever since, the petitioner has been in peaceful possession over the subject property. 3. While the things stood thus, the respondents have originally taken up a proposal to lay 33 feet R&B road from Mango Market, Nunna to Ramachandrapuram village, however, subsequently, a decision was 5 VS,J W.P.No.5859 of 2018 taken to lay 100 feet road instead of 33 feet road. As the petitioner did receive any notice for acquiring his property for the said extension of road, he submitted a representation to the Sub-Collector on 09.09.2016 with a request to conduct thorough enquiry before acquiring land for the abovementioned purpose. As there was no response from the Sub- Collector, Vijayawada, the petitioner filed another representation dated 19.04.2017. As no action has been initiated by the 4th respondent pursuant to the representations submitted by the petitioner, the petitioner filed the present writ petition. 4. The 3rd respondent filed a detailed counter affidavit stating that the work „Formation of Bypass road Nunna Village fromKm.10.600 to 16.000 of Vijayawada – Nuzivid road‟ in Krishna district was administratively sanctioned for Rs.1060.00 lakhs vide G.O.Rt.No.191, T, R&B R.VI) Department, dated 23.02.2007 and RAS accorded for Rs.1600.00 lakhs vide G.O.Rt.No.191, T, R&B (R.III) department, dated 12.02.20105. The work was entrusted to M/s.Nagabhushanam & Co., Vijayawada vide CR.Agt.No.45/2013-14, dated 30.08.2013. The subject work was completed by 28.10.2016. Thereafter, the revenue authorities handed over Acs.37.79 cents of land for formation of above road on 01.01.2013, 31.05.2016 and 09.10.2016. An award was passed by the Revenue Divisional Officer, Vijayawada vide award No.01/2012, dated 6 VS,J W.P.No.5859 of 2018 06.12.2012 for Acs.34.75 cents and another award bearing No.02/2016 dated 19.05.2016 was passed by Sub-Collector, Vijayawada for Acs.1.66 cents of land. The Sub-Collector, Vijayawada addressed a letter dated 12.08.2013 to the Principal Senior Civil Judge, Vijayawada informing about the award No.01/2012, dated 06.02.2012. It was also informed that some of the landowners have not approached their office to prove their title over the lands for payment of compensation. As such, the compensation amount was kept in Civil Court deposits under Section 31(2) of Land Acquisition Act, 1984 for disposal of the title as per law. 5. On perusal of the said counter-affidavit, it can be observed that the petitioner‟s son has filed grievance in Meekosam portal vide No.2016- 6059587, dated 16.09.2016 with regard to compensation to be paid to the petitioner for acquiring the subject land, he was informed that no person has attended the Sub-Collector‟s office to prove title over the same, therefore, the compensation amount was deposited in the Court of the Principal Senior Civil Judge, Vijayawada, the details are as follows: S.No. Award No. and date R.S.No. Extent in Ac.Cts Remarks 1 1/2012, dated 06.02.2012 751/1A2 0.08 Rs.52,868/- deposited in Principal Senior Civil Judge Court, Vijayawada vide letter dated 05.06.2015 7 VS,J W.P.No.5859 of 2018 2 1/2012, dated 06.02.2012 751/3A1 0.14 Rs.92,518/- deposited in Principal Senior Civil Judge Court, Vijayawada vide letter dated 05.06.2015 3 2/2016, dated 19.05.2016 751/1A1B 0.11 Rs.17,06.633/- was kept in LAO account 6. It is further contended in the counter as the compensation amount was deposited in the Civil Court, Vijayawada, the petitioner to approach the Civil Court for withdrawal of the compensation amount already deposited by the authorities, and requested to dismiss the writ petition. 7. Perused the entire material available on record. The facts of the writ petition are not in dispute. It can be seen that pursuant to a work sanctioned by the Government, a bypass road was laid in Nunna village from Km.10.600 to 16.000 of Vijayawada-Nuzivid road in Krishna district. The Revenue Divisional Officer, Vijayawada has passed award No.01/2012 on 06.12.2012 for acquiring Acs.34.75 cents and No.02/2016, dated 19.05.2016 for acquiring Acs.1.66 cents of land for the purpose of formation of bypass road as mentioned supra. As the petitioner, who is claiming that he is the owner of the subject property did not approach the Sub-Collector to claim compensation by proving his title over the said property, therefore, the compensation payable is deposited in the Court of the Principal Senior Civil Judge, Vijayawada. In such a case, the petitioner 8 VS,J W.P.No.5859 of 2018 cannot contend that the respondent authorities are not paying compensation to the petitioner for acquiring his land for the abovementioned purpose. 8. In view of the same, this writ petition is disposed of directing the petitioner to approach the concerned authorities to prove his title over his part of the land acquired by the respondent authorities for the purpose of formation of Bypass road Nunna Village from Km.10.600 to 16.000 of Vijayawada – Nuzivid road; pursuant to which, the respondent authorities are directed to proceed further, in accordance with law. The said process shall be completed within a period of six (6) months from the date of receipt of a copy of this order. 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