V RAMA RAJU v. STATE OF AP

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 to direct the respondents to follow the procedure contemplated under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 while acquiring the land of the petitioners in Survey numbers 68/5, 81/1B, 81/2B and 81/3B total to an extent of Ac 05.07 situated at Mulapeta Village, U-Kothapalli Mandal, East Godavari District, for the purpose of Housing for poor under Navaratnalu Scheme pending disposal of the above writ petition and pass Counsel for the Petitioner(S):

1. V SAI KUMAR Counsel for the Respondent(S):

1. GP FOR REVENUE 3 BKM,J W.P.Nos.25008 of 2020, 12992 of 2015 & 44764 of 2017 WRIT PETITION NO: 12992/2015 Between:

1. V. SUBBA RAJU & ANO., S/O RAGHAVA RAJU, HINDU, AGED ABOUT 92 YEARS, OCC; AGRICULTURE, D. NO. 15-10-3, SATYAPRASANNA NAGAR, KAKINADA.

2. V. RAMA RAJU,, S/O SUBBA RAJU, HINDU, AGED ABOUT 59 YEARS, OCC; AGRICULTURE, D. NO. 15-10-3, SATYAPRASANNA NAGAR, KAKINADA. ...PETITIONER(S) AND

1. PRL SECY REV LA DEPT 3 ORS, REVENUE (LA) DEPARTMENT, SECRETARIAT, HYDERABAD.

2. THE COLLECTOR, EAST GODAVARI DISTRICT, KAKINADA.

3. THE REVENUE DIVISIONAL OFFICER, KAKINADA EAST GODAVARI DISTRICT.

4. THE TAHASILDAR, U. KOTHAPALLI MANDAL, EAST GODAVARI DISTRICT. ...RESPONDENT(S): 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 toto issue a writ, order or direction more particularly one in the nature of mandamus under Art. 226 of the Constitution of India declaring the Form No. 9- Proceedings of the 3rd respondent bearing Ref. No. 1/896/2006 dt. 11.02.2013 which was served on Petitioners on 28.12.2013 purporting to be a notice of Award under Sec. 12 (2) of Land Acquisition Act (Act 1 of 1894) intimating interalia, about passing of a Consent Award No. 1 of 2013 dt. 11.02.2013 under Sec. 11 (2) of Act 1 of 1894 relating to the land of the Petitioners admeasuring Ac. 2.75 cents in Sy.No: 68/5, Ac.0.45 cents in Sy.No. 81/1B, Ac. 0.35 cents in Sy.No. 81/2B and Ac. 1.52 cents in Sy.No. 81/3B of Mulapet village, U.Kothapalli Mandal, East Godavari District, without obtaining consent in writing from the Petitioners as arbitrary, illegal, contrary to the rules made in that regard and void 4 BKM,J W.P.Nos.25008 of 2020, 12992 of 2015 & 44764 of 2017 IA NO: 1 OF 2015(WPMP 17086 OF 2015 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 to expedite hearing of the Writ Petition IA NO: 1 OF 2022 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 pleased to bring on record V.Sandeep Raju, S/o V.Rama Raju, Hindu, aged 40 years, Business, r/a H.No.15-10-3, Satya Prasanna Nagar, Kakinada-533 001, is legal representative of the deceased 1st Petitioner in the above Writ Petition and pass Counsel for the Petitioner(S):

1. M S R SUBRAHMANYAM Counsel for the Respondent(S):

1. GP FOR LAND ACQUISITION (AP) WRIT PETITION NO: 44764/2017 Between:

1. V. RAMA RAJU,, S/O SUBBA RAJU, HINDU, AGED ABOUT 61 YEARS, AGRICULTURE, D. NO. 15-10-3, SATYAPRASANNA NAGAR, KAKINADA.EAST GODAVARI DISTRICT.

2. V. SANDEEP RAJU,, S/O RAMA RAJU, HINDU, AGED 35 YEARS, BUSINESS, D. NO. 15-10-3, SATYAPRASANNA NAGAR, KAKINADA, KAKINADA.EAST GODAVARI DISTRICT. ...PETITIONER(S) AND

1. PRL SECY REVENUE DEPT, STATE OF ANDHRA PRADESH REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT (ASSIGNMENT), SECRETARIAT BUILDINGS, VELAGAPUDI AT AMRAVATI, GUNTUR DISTRICT, STATE OF ANDHRA PRADESH. 5 BKM,J W.P.Nos.25008 of 2020, 12992 of 2015 & 44764 of 2017

2. DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, AT KAKINADA, EAST GODAVARI DISTRICT, STATE OF ANDHRA PRADESH.

3. REVENUE DIVISIONAL OFFICER, KAKINADA, EAST GODAVARI DISTRICT, STATE OF ANDHRA PRADESH.

4. THE TAHSILDAR, U. KOTHAPALLI MANDAL, EAST GODAVARI DISTRICT, STATE OF ANDHRA PRADESH. ...RESPONDENT(S): 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 toto declare the action of the respondents to assign the Petitioners land admeasuring Ac. 2.75 cents in Sy.No. 68/5, Ac.0.45 cents in Sy.No. 81 /1B, Ac. 0.35 cents in Sy.No. 81/2B and Ac. 1.52 cents in Sy.No. 81/3B of Mulapet village, U.Kothapalli Mandal, East Godavari District, as arbitrary, illegal, void and further direct the respondents to desist/restrain from assigning the Petitioners land admeasuring Ac. 2.75 cents in Sy.No. 68/5, Ac.0.45 cents in Sy.No. 81/1B, Ac. 0.35 cents in Sy.No. 81/2B and Ac. 1.52 cents in Sy.No. 81/3B of Mulapet village, U.Kothapalli Mandal, East Godavari District, by issue a writ, order or direction under Art. 226 of the Constitution of India IA NO: 1 OF 2017 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 to desist/restrain from assigning the Petitioners land admeasuring Ac. 2.75 cents in Sy. No: 68/5, Ac.0.45 cents in Sy.No. 81/1B, Ac. 0.35 cents in Sy.No. 81/2B and Ac. 1.52 cents in Sy.No. 81/3B of Mulapet village, U.Kothapalli Mandal, East Godavari District, to third parties, Counsel for the Petitioner(S):

1. M RAMMOHAN Counsel for the Respondent(S):

1. GP FOR REVENUE (AP) 6 BKM,J W.P.Nos.25008 of 2020, 12992 of 2015 & 44764 of 2017 The Court made the following: COMMON ORDER: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader appearing for the respondent No.1 to 4.

2. Writ Petition No.12992 of 2015 was filed seeking to declare the Form-9 proceedings of the 3rd respondent dated 11.02.2013 which was served on the petitioners on 28.12.2013 purporting to be a notice of award under Section 12(2) of Land Acquisition Act (Act 1 of 1894) intimating inter alia, about passing of a consent award No.1 of 2013 dated 11.02.2013 under Section 11(2) of the Act 1 of 1894 relating to the land of the petitioners admeasuring Ac.2.75 cents in survey No.68/5, Ac.0.45 cents in survey No.81/1B, Ac.0.35 cents in survey No.81/2B and Ac.1.52 cents in survey No.81/3B of Mulapet Village, U-Kothapalli Mandal, East Godavari District, without obtaining the consent in writing from the petitioners, as arbitrary, illegal and contrary to the rules made in that regard.

3. Writ Petition No.44764 of 2017 was filed questioning the action of the of the respondents in assigning the petitioners’ land admeasuring Ac.2.75 cents in survey No.68/5, Ac.0.45 cents in survey No.81/1B, Ac.0.35 cents in survey No.81/2B and Ac.1.52 cents in survey No.81/3B of Mulapet Village, U-Kothapalli Mandal, East Godavari District and further sought a direction to the respondents to restrain from assigning the petitioners’ land admeasuring Ac.2.75 cents in survey No.68/5, Ac.0.45 cents in survey No.81/1B, Ac.0.35 7 BKM,J W.P.Nos.25008 of 2020, 12992 of 2015 & 44764 of 2017 cents in survey No.81/2B and Ac.1.52 cents in survey No.81/3B of Mulapet Village, U-Kothapalli Mandal, East Godavari District.

4. Writ Petition No.25008 of 2020 was filed questioning the action of the respondent Nos.2 to 4 herein in interfering with the peaceful possession and enjoyment of the petitioners land in survey Nos.68/5, 81/1B, 81/2B and 81/3B, in total to an extent of Ac.05.07 cents situated at Mulapeta Village, U-Kothapalli Mandal, East Godavari District, without initiating proceedings under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 while pending writ petition Nos.44764 of 2017 and 12992 of 2015.

5. On the other hand, the learned Assistant Government Pleader appearing for the respondents, relying upon the written instructions of the 4th respondent dated 15.10.2025, submits that though the land of the petitioners was notified for acquisition under the provisions of the Land Acquisition Act, 1894 in the year 2006 and was acquired by passing the award dated

11.02.2013, the awarded amount was not paid to the petitioners and in any case the award is under challenge in writ petition No.12992 of 2015. In pursuance of the award passed, mutation has taken place in the revenue records as “the land was acquired/Government land-SWLA-House sites etc.,” and at the same time the land is not in possession and enjoyment of the petitioners. Thus, the land was not physically taken possession from the petitioners till now. In writ petition No.25008 of 2020, the petitioners submitted 8 BKM,J W.P.Nos.25008 of 2020, 12992 of 2015 & 44764 of 2017 their willingness to part with the land in acquisition for the noble cause of housing to be provided under the welfare scheme, provided suitable compensation is paid under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

6. In view of the above said facts and circumstances, the respondent Nos.2 to 4 are directed to deal with the subject land in an extent of Ac.05.07 cents in survey Nos.68/5, 81/1B, 81/2B and 81/3B situated at Mulapeta Village, U-Kothapalli Mandal, East Godavari District, strictly in accordance with law, if so warranted for any public purpose and the petitioners shall not be dispossessed from the subject land except by following the due procedure.

7. Accordingly, these writ petitions are disposed of. Interim orders, if any, deemed to have been vacated. The written instructions of the 4th respondent dated 15.10.2025 shall be made as part of the Court record. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed.

16.10.2025 MDP _________________________ JUSTICE B KRISHNA MOHAN