APHC010145402025

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

[3329]

TUESDAY ,THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION NO: 7468/2025

Between:

K Vara Lakshmi and Others ...PETITIONER(S)

AND

The State Of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner(S):

1.HARISH KUMAR RASINENI

Counsel for the Respondent(S):

• 1.GP FOR REVENUE
• 2.GP FOR LAND ACQUISITION

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION N.7468 of 2025

This Court made the following

ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

**"**to issue a Writ or Order or Direction more particularly in the nature of Writ of Mandamus declaring the inaction of the respondents in proceeding with the rehabilitation and resettlement award and payment of compensation to the third parties for the land of the petitioners to an extent of Ac.2.36 cents in Sy No.51/1 of Vaddi Gudem Village, V.R. Puram Mandal, ASR District without considering the objections raised by the petitioners as illegal, arbitrary and contrary to the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 and also violative of petitioners' rights guaranteed under Article 14 and 300A of the Constitution of India and consequently direct the respondents to strictly adhere to the provisions of the Act and accordingly pass the rehabilitation and resettlement award and also pay the compensation to the petitioners for the said property and pass such."

2. Learned counsel for the Petitioners submits that the petitioners herein are absolute owners and possessors of land to an extent of Ac.2.32 cents in Sy.No.51/1, Vaddigudem Village, VR Puram Mandal, ASR District. While so, the subject land was acquired by the 4th Respondent under the provisions of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (for short "Act 30 of 2013"). He further submits that the respondents while initiating acquisition proceedings, 3rd parties names were recorded against the lands of the petitioners in Sy.No.51/1 to an extent of Ac.2.32 cents in preliminary notification, for which the petitioners submitted objections claiming her and 6 others rights over the subject land. Considering the objections the 2nd respondent herein issued endorsement dated 27.06.2023 directing the 4th respondent herein to consider the objections of the petitioners and pass appropriate orders. Even though the 2nd respondent specifically directed for considering the objections of the petitioners, so far the 4th respondent neither considered nor replied to the petitioners holding the petitioners are the owners of the subject land. Hence the writ petition.

3. On the other hand learned Government Pleader for Land Acquisition furnished written instructions issued by the 4th respondent wherein it is stated as under:

^"Finally it is submitted that no compensation was paid to any one in respect of the petition schedule land in Sy.No.51/1 of Waddigudem Village, V.R. Puram Mandal, ASR District and during the process of payment to that land (house sites) the request of the petitioners should be verified and will be taken necessary action as per the instructions of the Collector, ASR District, Paderu.

4. He further submits that so far the award was not passed and it is in the process and further stated that while passing the award the objections of the Petitioners would be considered and pass appropriate orders.

5. Having submission made by both the counsel, this Court is of the considered view that this Writ Petition can be disposed of directing the 4th respondent to consider the objections of the petitioners and rights of the petitioners with reference to the endorsement of the 2nd respondent dated 27.06.2023 and 13.12.2023 in accordance with law and after holding rightful owners against the subject property, then only the compensation should be determined and award should be passed in their favour within a period of three (3) months from the date of receipt of a copy of this order.

6. With the above directions, the Writ Petition is disposed of. No costs.

The miscellaneous petitions pending, if any, shall stand closed.

______________________________________ JUSTICE VENKATESWARLU NIMMAGADDA

Dt: 01.04.2025 krk

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 7468 of 2025

01.04.2025

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