APHC010412792026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE 6th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 22181 OF 2026 Between: 1. R Venkata Narayana,, S/o R.Anjinappa, Aged about 40 years, R/o Joukala, Marikommadinna, N P Kunta,Sri Sathya Sai District, Andhra Pradesh. 2. R Venkata Ramana, S/o R Anjinappa, Aged about 42 years, R/o Joukala, Marikommadinna Village, N P Kunta, Sri Sathya Sai District, Andhra Pradesh. 3. D KhaderVali,, S/o Babasab, Aged about 51 years, R/o.Joukala, Marikommadinna, N P Kunta, Sri Sathya Sai District, Andhra Pradesh. 4. G Vusen Bee,, W/o Khadar, Aged about 76 years, R/o.Joukala, Marikommadinna,N P Kunta, Sri Sathya Sai District, Andhra Pradesh 5. Padmavathamma,, W/o Bayareddy, Aged about 69 years, R/o.Joukala, Marikommadinna, N P Kunta, Sri Sathya Sai District, Andhra Pradesh. 6. Kothachemvu Masthan, , S/o Chinna Peeru Saab, Aged about 69 years,R/o. Joukala, Marikommadinna, N P Kunta, Sri Sathya Sai District, Andhra Pradesh. 7. Mahasab Bee,, Aged about 55 years, R/o.Joukala, Marikommadinna, N P Kunta, Sri Sathya Sai District, Andhra Pradesh. 8. Vemala Ramchandra,, S/o Vemaya lakhsmayya. Aged about 43 years,R/o. Joukala, Marikommadinna, N P Kunta, Sri Sathya Sai District, Andhra Pradesh. 2 9. Khaimn, , W/o Chaiid Baasa, Aged about 63 years, R/o.Jowkula, Marikommadinna, N P Kunta, Sri Sathya Sai District, Andhra Pradesh. 10. Durgam Bavafakruddin,, S/o Durgam Sidduhussain, Aged about 63 years, R/o.Jowkula, Marikommadinna, N P Kunta, Sri Sathya Sai District, Andhra Pradesh. 11. Gagguturi Sahinaz,, W/o Gagguturi Mastan Vali, Aged about 26 years, R/o.D.No 8/129 P-1, Boggarabavi Street, Masapeta, Annamayya District, Andhra Pradesh. 12. Gaggutum Bibi,, W/o Gagguturu Husssain, Aged about 50 years, R/o. D.No 8/154 A, Boggarapalli Bavi Street, Masapeta, Annamayya District, Andhra Pradesh. 13. G Moulabi,, S/o G Khadar Valli, Aged about 27 years, R/o.Jowkula, Marikommadinna, N P Kunta, Sri Sathya Sai District, Andhra Pradesh. 14. H.Kottacheruvu Hussain,, S/o K Chinna Peem Saab, Aged about 66 years, R/o.D.No 2-208 B, Joukala, Marikommadinna, Sri Sathya Sai District, Andhra Pradesh. 15. Kothacheruvu Fathima,, W/o Kasim, Aged about 54 years, R/o.Jowkula, Marikommadinna, N P Kunta, Sri Sathya Sai District, Andhra Pradesh. 16. K Kasim Peera,, S/o K Gendappa, Aged about 81 years, R/o.Jowkula, Marikommadinna, N P Kunta, Sri Sathya Sai District, Andhra Pradesh. 17. Amamalla Baba Fakruddin,, S/o Ussenayya, Aged about 40 years, R/o.Jowkula, Marikommadinna, Sri Sathya Sai District, Andhra Pradesh. 18. Shaik Hydarvali, , Aged about 81 years, R/o.Jowkula, Marikommadinna, Sri Sathya Sai District, Andhra Pradesh. 19. Rangani Anjinamma,, W/o Rangani Chandrasekliar, Aged about 60 years, R/o.Nallagutta Palli, Marikommadinna, Sri Sathya Sai District, Andhra Pradesh. 3 20. Akumalla Hussaini,, W/o Kadarhussen, Aged about 48 years, R/o.Jowkula, Marikommadinna, Sri Sathya Sai District, Andhra Pradesh ...Petitioners AND 1. The state of Andhra Pradesh, , Rep., by its Principal Secretary, Energy Department, secretariat building, Velagupudi, Amravathi. 522238 2. The New and Renewable Energy Devlopment Corporation, Andhra Pradesh Limited, Rep., by its Vice Chairman and Managing Director having its office at River Oak Apartment, CSR Kalyanamandapam Road, Guntur District. 522501 3. The District Collector, Sri Sathya Sai District, Puttapatri.5151 34 4. The Tahsildhar, N P Kunta Mandal, N.P Kunta Mandal, Sri Sathya Sai District. 515521 5. M/s Pace Digitek Ltd, Rep., by its authorised representative having its Office at Plot No.V-12 Industrial Estate, Kumbalgodu, Mysore Highway, Bengaluru, 560074. 6. The Station House officer, N.P.Kunta Station, N.P Kunta Mandal, Sri Sathya Sai District. 515521 ...Respondents 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 issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the the action on the part of Respondent No. 2 to 4 in handing over the advance possession of the land in extent of Ac. 16.78 cents in Sy No. 603, Ac.4.00 cents in Sy No. 603, Ac.5.00 cents in Sy No. 514-1, Ac.2.84 cents in Sy No. 806-1, Ac.4.55 cents in Sy No. 725-1, Ac.0.59 cents in Sy No. 736-2, Ac.5.00 cents in Sy No. 805-3, Ac.4.00 cents in Sy No. 593, Ac.4.74 cents in Sy No. 693-1, Ac.11.45 cents in Sy No. 4 805, Ac.5.71 cents in Sy No. 179, Ac.4.55 cents in Sy No. 691-1, Ac.3.30 cents in Sy No. 691-2, Ac.2.100 cents in Sy No. 632, Ac.0.59 cents in Sy No. 736-2, Ac.2.47 cents in Sy No. 731-3, Ac.2.03 cents in Sy No. 731-4, Ac.5.36 cents in Sy No. 512-1, Ac.5.00 cents in Sy No. 758-2, Ac.4.15 cents in Sy No. 710-1, Ac.3.95 cents in Sy No. 699-2, of Marikommadinna village, N.P.Kunta Mandal, Sri Sathya Sai District, in favour of Respondent No. 5 for development of 100 MW Solar PV Power Project, and consequential action of Respondent No. 2 and 5 in starting construction activity without acquiring the said lands as arbitrary, illegal, colourable exercise of power, and contrary to well establish legal principal, apart from being violative of Fundamental and Constitutional rights guaranteed to me under Articles 14, 19, 21, and 300-A, Constitution of India and consequently direct the respondents No.2 to 5 not to interfere with our peaceful possession and enjoyment over the land in an extent of Ac. 16.78 cents in Sy No. 603, Ac.4.00 cents in Sy No. 603, Ac.5.00 cents in Sy No. 514-1, Ac.2.84 cents in Sy No. 806-1, Ac.4.55 cents in Sy No. 725-1, Ac.0.59 cents in Sy No. 736-2, Ac.5.00 cents in Sy No. 805-3, Ac.4.00 cents in Sy No. 593, Ac.4.74 cents in Sy No. 693-1, Ac.11.45 cents in Sy No. 805, Ac.5.71 cents in Sy No. 179, Ac.4.55 cents in Sy No. 691-1, Ac.3.30 cents in Sy No. 691-2, Ac.2.100 cents in Sy No. 632, Ac.0.59 cents in Sy No. 736-2, Ac.2.47 cents in Sy No. 731-3, Ac.2.03 cents in Sy No. 731-4, Ac.5.36 cents in Sy No. 512-1, Ac.5.00 cents in Sy No. 758-2, Ac.4.15 cents in Sy No. 710-1, Ac.3.95 cents in Sy No. 699-2, of Marikommadinna village, N.P.Kunta Mandal, Sri Sathya Sai District, without following the due process of law and by paying the necessary compensation 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 direct the respondents No.2 to 5 in interfering with our peaceful possession and enjoyment over the land in an extent of Ac. 16.78 cents in Sy No. 603, Ac.4.00 cents in Sy No. 603, Ac.5.00 cents in Sy No. 514-1, Ac.2.84 cents in 5 Sy No. 806-1, Ac.4.55 cents in Sy No. 725-1, Ac.0.59 cents in Sy No. 736-2, Ac.5.00 cents in Sy No. 805-3, Ac.4.G0 cents in Sy No. 593, Ac.4.74 cents in Sy No. 693-1, Ac. 11.45 cents in Sy No. 805, Ac.5.71 cents in Sy No. 179, Ac.4.55 cents in Sy No. 691-1, Ac.3.30 cents in Sy No. 691-2, Ac.2.100 cents in Sy No. 632, Ac.0.59 cents in Sy No. 736-2, Ac.2.47 cents in Sy No. 731-3, Ac.2.03 cents in Sy No. 731-4, Ac.5.36 cents in Sy No. 512-1, Ac.5.00 cents in Sy No. 758-2, Ac.4.15 cents in Sy No. 710-1, Ac.3.95 cents Sy No. 699-2, of Marikommadinna village, N.P.Kunta Mandal, Sri Sathya Sai District, pending disposal of the Writ Petition Counsel for the Petitioners: B.ABHAY SIDDHANTH MOOTHA Counsel for the Respondents: GP FOR ENERGY The Court made the following order: 6 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 22181 OF 2026 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the the action on the part of Respondent Nos.2 to 4 in handing over the advance possession of the land in extent of Ac.16.78 cents in Sy.No.603, Ac.4.00 cents in Sy.No. 603, Ac.5.00 cents in Sy.No.514-1, Ac.2.84 cents in Sy.No.806-1, Ac.4.55 cents in Sy.No.725-1, Ac.0.59 cents in Sy.No.736-2, Ac.5.00 cents in Sy.No.805-3, Ac.4.00 cents in Sy.No.593, Ac.4.74 cents in Sy.No.693-1, Ac.11.45 cents in Sy.No.805, Ac.5.71 cents in Sy.No.179, Ac.4.55 cents in Sy.No.691-1, Ac.3.30 cents in Sy.No.691-2, Ac.2.100 cents in Sy.No.632, Ac.0.59 cents in Sy.No.736-2, Ac.2.47 cents in Sy.No.731-3, Ac.2.03 cents in Sy.No.731-4, Ac.5.36 cents in Sy.No.512-1, Ac.5.00 cents in Sy.No.758-2, Ac.4.15 cents in Sy.No.710-1, Ac.3.95 cents in Sy.No.699-2, of Marikommadinna village, N.P.Kunta Mandal, Sri Sathya Sai District, in favour of Respondent No.5 for development of 100 MW Solar PV Power Project, and consequential action of Respondent Nos.2 and 5 in starting construction activity without acquiring the said lands as arbitrary, illegal, colourable exercise of power, and contrary to well establish legal principle, apart from being violative of Fundamental and Constitutional rights guaranteed to me under Articles 14, 19, 21, and 300-A, Constitution of India and consequently direct the respondent Nos.2 to 5 not to interfere with our peaceful possession and enjoyment over the land in an 7 extent of Ac.16.78 cents in Sy.No.603, Ac.4.00 cents in Sy.No. 603, Ac.5.00 cents in Sy.No.514-1, Ac.2.84 cents in Sy.No.806- 1, Ac.4.55 cents in Sy.No.725-1, Ac.0.59 cents in Sy.No.736-2, Ac.5.00 cents in Sy.No.805-3, Ac.4.00 cents in Sy.No.593, Ac.4.74 cents in Sy.No.693-1, Ac.11.45 cents in Sy.No.805, Ac.5.71 cents in Sy.No.179, Ac.4.55 cents in Sy.No.691-1, Ac.3.30 cents in Sy.No.691-2, Ac.2.100 cents in Sy.No.632, Ac.0.59 cents in Sy.No.736-2, Ac.2.47 cents in Sy.No.731-3, Ac.2.03 cents in Sy.No.731-4, Ac.5.36 cents in Sy.No.512-1, Ac.5.00 cents in Sy.No.758-2, Ac.4.15 cents in Sy.No.710-1, Ac.3.95 cents in Sy.No.699-2, of Marikommadinna village, N.P.Kunta Mandal, Sri Sathya Sai District, without following the due process of law and by paying the necessary compensation and pass such order or orders….” 2. Heard learned counsel for the petitioners, learned Government Pleader for respondent Nos.3 and 4 and Sri Mantha Rajendra, learned Standing Counsel for NREDCAP for respondent No.2. 3. Learned counsel for the petitioners submits that the petitioners herein are the absolute owners and possessors of their respective subject lands having acquired through succession or by way of assignment. After such acquisition, the petitioners have been in peaceful possession and enjoyment of their respective lands. While so, to the utter surprise of the petitioners, the respondent No.2 with the active assistance of the respondent Nos.3 and 4 herein are taking over the advance possession of the subject lands without following due procedure as contemplated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short ‘the Act 30 of 2013’). He further submits that 8 the respondent No.2 corporation has no authority to take advance possession of the private lands as well as the assignment lands of the petitioners without following due process. He further submits that in view of the ratio laid down by the Full Bench of this Court in Lao-Cum-Revenue Divisional Officer vs. Mekala Pandu and Ors1, even an assignee will be the valid land holder and they cannot be dispossessed without adhering to the due process as contemplated under the Act 30 of 2013. Hence, the Writ Petition. 4. On the other hand, learned Government Pleader for respondent Nos.3 and 4 furnished written instructions dated 05.08.2026, wherein, it is stated as follows: “The project is being implemented to promote renewable energy, attract investments, generate employment, protect the environment, strengthen the State’s energy security and advance the larger public interest. The writ petitioners contention that both private patta lands as well as assigned alnds are being taken in possession without paying compensation as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is not correct. Since the lands in question not proposed for lease as per G.O.Ms.No.37 Energy (Power-II) Department dated 3.10.2024 and as such the question implementation as per the LARR Act, 2013 does not arise. It is submitted that the allegations made by the petitioners in the writ petition regarding handing over advance possession of the lands as mentioned in the WP are false, baseless, premature and devoid of merits. So far no assigned/patta land shown in the WP has been given advance possession to NREDCAP. If any assigned land 1 AIR2004AP250 9 acquired for Solar power project such lands will be taken on lease basis duly paying rent on annual basis as fixed by the Government G.O.Ms.No.37 Energy (Power-II) Department dated 30.10.2024. ” 5. Learned Standing Counsel for the respondent No.2 also furnished written instructions dated 05.08.2026, wherein, it is stated as follows: “Therefore, it may be submitted before the Hon’ble Court that the survey numbers identified and processed for the 100 MW Solar Power Project pertain to Government revenue lands available for allocation under the applicable Government policy and that no private land is involved in the land proposed for allotment to the project by the Government. The survey numbers indicated in the petition are not covered in the land acquired for the Solar Power project with BESS. The private land available if any at the project site will be acquired by the developer directly duly obtaining consent from the landowners.” 6. Learned standing Counsel for the respondent No.2 submits that in view of the request of the respondent No.2, respondent No.3 identified the government lands only. The very object of the respondent No.2 is to establish the proposed 100 MW solar project only within the government land and at its consent without there being any acquisition. He further submits that the land proposed by the respondent No.3 for establishing the project includes any private as well as assigned lands as alleged by the petitioners, the respondent No.2 corporation will follow due process of law as contemplated under the Act 30 of 2013 or if they agreed they will enter lease agreement with them in terms of the G.O.Ms.No.37 dated 30.10.2024. 7. Learned Government Pleader for the respondent Nos. 3 and 4 submits that the respondents identified only government lands as per the request of 10 the respondent No.2. If any assigned lands or private lands were identified for the subject project, the respondents will follow due process of law as contemplated under Act 30 of 2013 or with the consent of the land owners they will take possession by entering lease agreements in the terms of G.O.Ms.No.37 dated 30.10.2024. 8. Heard both the learned counsels and on perusal of the material placed on record, more particularly, the written instructions submitted by the learned Government Pleader as well as the learned Standing Counsel for the respondents, the entire contention of the petitioners is that being private land holders or being assignees they should be protected in view of the ratio laid down by the Full Bench of this Court in Mekala Pandu Case as referred supra. The respondents duly promised that if the lands of the petitioners required for the proposed project, they will follow due procedure. 9. In view of the clear and categorical statements and promise made by the respondents, this Court is of the considered opinion that the present Writ Petition can be disposed of, directing the respondents to follow due process of law as contemplated under the Act 30 of 2013 or with the consent of the ryots/individuals/petitioners as per the terms of the G.O.Ms.No.37 dated 30.10.2024. Without adhering to the procedure as mentioned above, the respondents cannot dispossess the petitioners from their respective lands. 10. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. 11 As a sequel, miscellaneous petitions, if any, pending shall stand closed. __________________________________ VENKATESWARLU NIMMAGADDA, J 06.08.2026 BSP/TPS 12 01 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 22181 OF 2026 06.08.2026 BSP/TPS