K Srilatha vs. The State Of Andhra Pradesh

Interim Order
Court:High Court of Andhra Pradesh
Judge:Hon'ble R Raghunandan Rao
Case Status:Unknown Status
Order Date:6 May 2025
CNR:APHC010232132025

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Order Issued After Hearing

Purpose:

For Admission

Before:

Hon'ble R Raghunandan Rao , K Manmadha Rao

Listed On:

6 May 2025

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Order Text

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (SPECIAL ORIGINAL JURISDICTION) TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE :PRESENT.- THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO AND THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT APPEAL NO: 577 OF 2025

Between :

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  • 1, K Srilatha, W/o. K. Ramachandra Reddy, Aged 62 years, R/o lrugulam Village, Satyavedu MandaI, Tirupathi District.
    1. E. Balamurugan, S/o. Subramanyam Shetty Aged 31 years, R/o lrugulam Village, Satyavedu Mandal, Tirupathi District.
    1. E.Subramanyam Shetty, S/o. Srinivasulu Shetty, Aged 68 years, R/o lrugulam Village, Satyavedu Mandal, Tirupathi District.

...Appellants

AND

    1. The State of Andhra Pradesh, Rep. by its Principal Secretary Revenue (L.A) Department, Secretarl'at Buildings, Amaravati Guntur District.
    1. The District Collector, Tirupa`thi, Tirupathi District.
    1. The Revenue Divisional Officer, Tirupathi Revenue Division, Tirupathi District.
    1. The Tahsildar, Satyavedu Mandal, Tirupathi District.

...Respondents

petition under clause 15 of the Letters Patent is filed to set aside the order in I.A.No.1 of 2025 in W.P.No.7044 of 2025 dt. 24.03.2025 and grant stay of all further proceedings pursuant to the Notification ROC. No. G3/E-36531/2024 dated 15-12-2024 and RC.G3/E-37895/2025 dated 24-01-2025 Under Section ll (1) and Declaration under Section 19(1) vide ROC.No.

G3/E-36531/2024 dt.25-02-2025 issued by the 2nd Respondent under Act 30 of2013.

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The Appeal coming on for+hearing, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of sri 'v. Vinod K. Reddy, learned counsel for the appellants and the Learned Advocate General appearing for the respondents, and the court made the following ORDER:

[fHeard Sri V. Vinod K. Reddy, learned counsel for the appeIIants and the Learned Advocate General appearing for the respondents.

  1. In view of the interlocutory orders passed by this'court, in W.A.No.483 of 2025, dated 06.05.2025 and in view of the pendency of W.P.No.6042 of 2012, there shall be an interlocutory order, as follows.-
  1. The question of: `Whether the inclusion of the District Collector, I-n the dell-nitiOn Of appropriate government, in Rule 2(b) can be treated as a not:ification' under the proviso 1:o sect:ion 3(e), empowering the Djstrjct Collector to discharge the func1:jobs of the appropriate government, shal-I be referred to a Full Bench, for an authoritative pronouncement.

  2. The further acquisition process, under challenge, shall not . continue, during the subsistence of the interim order of the Learned Single Judge, of the erstwhi[e- High Court of Andhra Pradesh, dated o6.03.2012, in W.P.No.6042 of 2012.

  3. The issueofwhetherthe land in question is doublewetcrop la.nd nor the issue whether such double wet crop land can be acquired has been considered by the Learned Single Judge, and th'e same can be agitated before the Learned Single Judge, for purposes of interim directions, by way of a fresh application.

  4. Subject to direction No.2, and direction No.3, the acquisition Proceedings may be Carried On. However, if there is a finding by the Full Bench, in favour of the AppeIIant, that the notification and declaration ? issued by the District Collector was without jurisdiction, the entire

acquisition proceedings shall be treated to have lapsed and the respondents would have to initiate fresh proceedings, for purposes of calculatl-ng the compensation payable to the appellant, by taking the date of the new declaration as the date for fixing compensation. Any Payment that would be made under the award proceedings, in the Present acquisition, Shall be set off against the compensation, payable, if any, under the fresh proceedings.

  1. If it is found that the Award, relied upon by the respondents, has been passed within 30 days of the date of publication of the public notice, under SectI'On 21 of the Act, the said Award would be disregarded, and as per the submission of the Learned Advocate General, a fresh Award would have to be passed." /-

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ForJ SECTlzONOFFICER.

I R.AO I F|AR

DEPUTY

To,

KN'

iE=

    1. The Principal secretary, Revenue (L.A) Department, State of Andhra f Pradesh, secretariat Bul'Idings, Amaravati Guntur District.
    1. The Distrl'ct Collector, Tirupathi, Tirupathi District.
    1. The Revenue Divisional officer, Tirupathi Revenue Divl-sion, Tirupathi . District.
    1. The Tahsildar, satyavedu wiandal, Tirupathi District. (Addresses 1 to 4 by RPAD)
    1. One CC to SRl. V VINOD KIREDDY, Advocate [OPUC]
    1. Two cos to GP FOR LAND ACQUISITION, HI'gh Court of Andhr'`a Pradesh. [ouT]
    1. Two spare copies

.., . ~ ` +. ~| .ur

HIGH COURT

RRR,J & DR.KMR,J

DATED :06/05/2025

ORDER

WA.No.577 of 2025

DIRECTION

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