Andhra Pradesh High Court – Amravati
P Nanji Reddy vs The State Of Andhra Pradesh on 25 March, 2025
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
C(
TUESDAY, THE TWENTY FIFTH DAY OF MARCH
TWO THOUSAND AND TWENTY FIVE I
X
PRESENT •5
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 7748 OF 2025
Between:
P Nanji Reddy, S/o. P.Hanumantha Reddy, Aged 78 years, R/o. Papasanipalli
Village, Melavoy -Post and Hamlet, Madakasira Mandal Satya Sal District.
...PETITIONER
AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue
Department, A.P. Secretariat, Velagapudi, Guntur District.
2. The District Collector, Satya Sai District, Puttaparthi.
3. The Sub-Collector/Revenue Divisional Officer, Penukonda, Satya Sai
District.
4. The Tahsildar, Madakasira Mandal, Satya Sai District.
5. M/s Megha Engineering and Infrastructure Limited, Rep. by its
Managing Director, S-2, Techonocrats Industrial Estate, Balanagar,
Hyderabad-500037.
...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 any writ or direction more particularly a writ in the nature
of Writ of Mandamus declaring the action of the respondents in laying down
pipeline through the petitioner s land admeasuring an extent of Ac. 2.01 out
of Ac. 24.15 cents in Sy.No.413 of Papasanipalli Village, Madakasira
Mandal,Satya Sai District, without following the due process of law and the
f
procedure contemplated under Act 30 of 2013 as illegal, arbitrary and
'V- '
|iQfative of Articles 21 and 300-A of the Constitution of India and
Consequently direct the respondents herein not to lay the pipeline through
.: -V
the petitioner's land admeasuring an extent of Ac. 2.01 out of Ac. 24.15
cents in Sy.No.413 of Papasanipalli Village, Madakasira Mandal,Satya Sai
District, without following the due process of law and the procedure
contemplated under Right to Fair Compensation and Transparency under
Land Acquisition (Rehabilitation and Resettlement) Act, 2013.
lA 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 may be pleased to direct the respondents not to lay pipe line over
the petitioner's land admeasuring an extent of Ac. 2.01 out of Ac. 24.15
cents in Sy.No.413 of Papasanipalli Village, Madakasira Mandal.Satya Sai
District, without following the due process of law and the procedure
contemplated under Right to Fair Compensation and Transparency under
Land Acquisition (Rehabilitation and Resettlement) Act, 2013, pending
disposal of the above writ petition.
Counsel for the Petitioner: SRI MD SALEEM
Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE
Counsel for the Respondent No.5: --
The Court made the following: ORDER
APHC010151672025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3329]
(Special Original Jurisdiction)
TUESDAY ,THE TWENTY FIFTH DAY OF MARCH
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 7748/2025
Between:
P Nanji Reddy ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1.MD SALEEM
Counsel for the Respondent(S):
1.GP FOR REVENUE
The Court made the following ORDER:
1. This Writ Petition is filed under Article 226 of the Constitution of
India seeking the following relief:
'to issue any writ or direction more particularly a writ in
the nature of Writ of Mandamus declaring the action of the
respondents in laying down pipeline through the petitioner s
land admeasuring an extent of Ac.2.01 out of Ac.24.15 cents
in Sy No.413 of Papasanipalli Village, Madakasira Mandal,
Satya Sai District without following the due process of law and
the procedure contemplated under Act 30 of 2013 as illegal,
arbitrary and violative of Articles 21 and 300-A of the
Constitution of India and consequently direct the respondents
herein not to lay the pipeline through the petitioner's land
admeasuring an extent of Ac.2.01 out of Ac.24.15 cents in
Sy.No.413 of Papasanipalli Village Madakasira Mandal Satya
Sai District without following the due process of law and the
procedure contemplated under Right to Fair Compensation
and Transparency under Land Acquisition Rehabilitation and
Resettlement Act 2013and to pass such other order or
orders..."
1.
Heard the learned counsel for the petitioner and the learned
Government Pleader appearing for the respondents.
2. The learned counsel for the petitioner submits that the petitioner
owned land measuring Ac.2.01 cents out of Ac.24.15 in Sy.No.413 of
Papasanipalli Village, Madakasira Mandal, Satya Sai District and having
acquired the same through succession from his ancestors. He further
submits that after his succession of the land, the petitioner has been in
continuous possession and enjoyment of the subject property. However,
the respondent authorities, without issuing any notice or following due
process of law, are attempting to lay a pipeline through the petitioner's
land, which is contrary to law and in violation of the procedure as
contemplated under the Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation, and Resettlement Act, 2013. Hence, the
present writ petition.
3. On the other hand, the learned Assistant Government Pleader for
Revenue appearing for the respondents furnished written instructions
dated 21.03.2025, wherein it is stated as follows:-
(i) It is submitted that, the district collector and district
magistrate, Sri Satya Sai District, Putaparthi has approved
From-C (public Notice by way of notification) vide
No. G1/87/2019, dated 30.06.2022 in terms of
G.O.Ms.No.487, Revenue (Land acquisition) department,
dated 29.11.2019 read with Govt, circular memo dated
03.12.2019 to an extent of 22.24 acres of government
lands and patta lands for the purpose of the saia project
duly assigning gazette No.15/SSSD/2021 for getting it
published as per the provisions of the Act. The said
notification has been published by affixing in the officers
of Tahsildar, Madakasira, Mandal Parishad Development
Officer, Sub registrar. Police station and Nagar Panchayat,
Madakasira and also village Secretariat on 13.07.2022.
(ii) It is submitted that the subject land get sub-divided as
413-2, extent Ac.0.50 cents for Melavoy village of
Madakasira Mandal from Sy.No.413, extent Ac. 24.15 cents
as published in the notification as unsettled property in
pattadar column. The Ex-gratia amount of Rs. 5,64,026/0
has been awarded for Extent of Ac. 0.50 cents in terms of
Right to Fair compensation and Transparency under land
acquisition (Rehabilitation and Resettlement) Act, 2018
(Act 22 of 2018 and the payment is kept pending as the
title of the ownership over the land Is not declared.
\ /
4. The learned Assistant Government Pleader submits that after the
acquisition, the award amount was already deposited, and the project
pipeline is under in progress. Therefore, it cannot be stopped as it is
intended for drinking water purposes, which is an emergency citizenry
services.
5. In reply, the learned counsel for the petitioner submits that, despite
not being in possession, the respondents are laying the pipeline through
the petitioner's land.
6. Heard the learned counsel for the petitioner and the learned
Assistant Government Pleader for Revenue appearing for the respondents.
7. It is observed that the petitioner claims title over the subject property
through succession. However, upon perusal of the entire record produced
before this court, it is noted that all the documents filed by the petitioner
are predate of 1988, including for the passbook issued in favor of the
petitioner. No other evidence has been filed to establish the petitioner's
has been in possession or title in respect of the subject property as of now
and he neither filed any document of recent possession.
8. On perusal of the written ins1:ructions submitted by the respondents,
it is observed that the total land acquired Ac.0.50 cents in Sy.No.413, out
of which 24.15 cents as published in the acquisition notification as
unsettled property.
9. In view of the clear and specific instructions from the respondents,
this Court is of the considered view that the present writ petition can be
disposed of by directing the petitioner to submit a detailed explanation to
substantiate his claim or right over the subject property, specifically to an
extent of Ac.2.01 cents out of Ac.24.15 cents, within a period of two (02)
week from the date of receipt of copy of this order. Upon such submission
the respondent Nos. 2 to 4 are directed to consider the explanation of the
petitioner and pass an appropriate order after providing an opportunity of
hearing to the petitioner and any other stakeholders, if any. If the petitioner
is able to establish his title, the respondents shall take necessary steps as
required under the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation, and Resettlement Act, 2013.
10 With the above direction, the writ petition is disposed of. There shall
be no order as to costs.
Consequerttly, Miscellaneous Petitions, if any, pending in the writ
petition shall stand closed. .
Sd/- P U V BHASKAR RAO
ASSISTANT REGISTRAR
//TRUE COPY//
S ION OFFICER
To,
1. The Principal Secretary, Revenue Department, A.P. Secretariat,
Velagapudi, Guntur District.
2. The District Collector, Satya Sai District, Puttaparthi.
3. The Sub-Collector/Revenue Divisional Officer, Penukonda, Satya Sai
District.
4. The Tahsildar, Madakasira Mandal, Satya Sai District.
5. One CC to Sri Md Saleem Advocate [OPUC]
6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
7. Three CD Copies
TF
HIGH COURT
DATED:25/03/2025
ORDER
WP.No.7748 of 2025
^ ]7 APn 2C?5 I
. current siecUon
DISPOSING OF THE W.P., WITHOUT COSTS
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