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2026 DAILYLAW 6535 (AP)

MALLELA HARENDRANATH CHOWDARY v. THE STATE OF ANDHRA PRADESH

WP/20509/2026 · 2026-07-23

Challa Gunaranjan

body2026

Judgment text

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APHC010383672026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 20509 of 2026 Bench Sr.No:- 11 [3506] Mallela Harendranath Chowdary ...Petitioner Vs. The State Of Andhra Pradesh and Others ...Respondent(s) ********** CORAM : SRI JUSTICE CHALLA GUNARANJAN DATE : 24th July 2026 Present: Advocate for Petitioner: D S SIVADARSHAN Advocate(s) for Respondent(s): GP FOR LAND ACQUISITION, GP FOR MUNCIPAL ADMN URBAN DEV ORDER: Present Writ Petition is filed under Article 226 of Constitution of India seeking following relief: “to issue an appropriate Writ order or direction more particularly one in the nature of Writ of Mandamus or any other appropriate Writ and A. Declare the actions of the Respondents in not providing sixty day statutory mandatory period under Section 15 of the Land Acquisition Act 2013 to provide objections and hearing subsequently and conducting hearing before completion of sixty day period is illegal arbitrary in violation of principles of natural justice and contrary to the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 and Articles 14 19 21 and 300A of the Constitution of India and consequently to direct the respondents to consider the objections submitted by the petitioner on 04 07 2026 and give an opportunity of hearing to the petitioner before proceeding further in the land acquisition process B. Declare the actions of the Respondents in not providing the essential and directly relevant documents sought for by the petitioner vide letters dated 17 06 2026 and 04 07 2026 in order to submit 2 CGR, J W.P.No.20509 of 2026 meaningful objections under Section 15 of the Land Acquisition Act 2013 as illegal arbitrary in violation of principles of natural justice and contrary to the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 and Articles 14 19 21 and 300A of the Constitution of India and consequently direct the respondents to forthwith provide the documents sought for by the petitioner in his replies dated 17 06 2026 and 04 07 2026 before proceeding further in the land acquisition process and pass such other or orders as this Hon’ble Court deems fit and proper in the circumstances of the case”. 2. Heard Sri D.S. Sivadarshan, learned counsel appearing for the petitioner and Smt. S. Pranathi, learned Standing Counsel appearing for the 3rd respondent-APCRDA assisted by A. Ram Dheeraj, learned counsel. 3. The petitioner stated to be holding various extents of lands which are now sought to be acquired by way of notification vide G.52, dated 02.05.2026 and G.72 dated 04.05.2026, issued under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 [for short “the Act, 2013”]. Though Section 15 of the Act, 2013 contemplates the persons affected by the notification to submit objections within 60 days, it is stated that the respondents have conducted an enquiry under Section 15 of the Act, 2013 on 18.06.2026 & 24.06.2026 respectively. As the petitioner also the mandatory period of 60 days stated to be still subsisting as on the day, petitioner could have filed objections on 3 CGR, J W.P.No.20509 of 2026 or before 01.07.2026 & 03.07.2026 respectively. Further, the petitioner also submitted preliminary objections on 17.06.2026 and later on 04.07.2026. Petitioner also sought some of the documents which would be germane for submitting objections and that the respondents have neither provided the same nor responded to the objections. It is the apprehension of petitioner that the enquiry is being completed without giving the petitioner fair opportunity to participate in the enquiry. 4. Smt. S. Pranathi, learned Standing Counsel appearing for the 3rd respondent-APCRDA, on instructions, would state that the objections, if any, submitted by the petitioner would be considered in accordance with Section 15 of the Act, 2013. She would not deny the fact that even before completion of 60 days as contemplated under Section 15 of the Act, 2013, the hearing was conducted on 18.06.2026 and 24.06.2026, but, however, it is clarified that the same was meant only for those who have already submitted the objections. At any rate, now respondents are stated to be willing to consider the objections of the petitioner and conclude the enquiry. Further, learned counsel for the petitioner states that some of the documents have been secured in the meanwhile. Insofar as the memo dated 06.11.2025, learned counsel for the respondents undertakes to 4 CGR, J W.P.No.20509 of 2026 supply a copy of the same to enable the petitioner file detailed objections. 5. Therefore, with the consent of both the learned counsels appearing on either side, this Writ Petition is dispose of, at the admission stage. 6. The petitioner is permitted to submit objections within one week from today and upon submission of the same, the respondents are directed to conduct enquiry as contemplated under Section 15 of the Act, 2013, strictly in accordance with law and pass appropriate orders thereafter. There shall be no order as to costs. As a sequel, all pending applications shall stand closed. _____________________________ JUSTICE CHALLA GUNARANJAN Date: 24.07.2026 BSM 5 CGR, J W.P.No.20509 of 2026 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION No: 20509 of 2026 Date: 24.07.2026 BSM