VILLAGE v. METROPOLITAN COMMISSIONER

1. UDIKALA SRINU, S/O. NARASIMHULU, AGED ABOUT YEARS, MANDAL, R/O.MODHAVALASA VIZIANAGARAM DISTRICT, ANDHRA PRADESH. DENKADA VILLAGE, ...PETITIONER AND

THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARIAT, SECRETARY,REVENUE VELAGAPUDI AT AMARAVATHI,GUNTUR DISTRICT. DEPARTMENT,

THE DISTRICT COLLECTOR, VIZIANAGARAM DISTRICT, VIZIANAGARAM,ANDHRA PRADESH.

THE REVENUE DIVISIONAL OFFICER, , VIZIANAGARAM, VIZIANAGARAM DISTRICT.

THE TAHSILDAR, , DENKADA MANDAL, DENKADA, VIZIANAGARAM DISTRICT.

VISAKHAPATNAM METROPOLITAN REGION DEVELOPMENT AUTHORITY, (VMRDA), VISAKHAPATNAM DISTRICT, REP.BY ITS METROPOLITAN COMMISSIONER. ...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 to issue a Writ of Mandamus, or other appropriate -writ, order or 2 direction, declaring the action of the respondents 2 to 5 herein in threatening to dispossess the petitioner from the assigned lands granted under land less poor category in Sy.No. 243-5 situated at Modhavalasa Village, Denkada Mandal, Vizianagaram District without issuing any notice, without following due process of law or without acquiring the lands under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as illegal, arbitrary, unreasonable, without jurisdiction and violative of Articles 14, 21 and 300-A of the Constitution of India besides violative of principles of Natural Justice and opposed to the very spirit and object of granting assigned land under the provisions of A.R Assigned Lands (Prohibition of Transfers) Act, 1977 and consequently direct the respondents not to interfere and not to dispossess the petitioner from the subject land in any manner and pass IA 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 pleased to direct the Respondents 2 to 5 herein not to dispossess and not to interfere with the peaceful possession and enjoyment of the petitioner extent of the assigned lands in Sy.No. 243-5 situated at Modhavalasa Village, Denkada Mandal, Vizianagaram District in any manner, till pending disposal of the writ petition and pass Counsel for the Petitioner:

1. VIJAYA KUMAR CH Counsel for the Respondent(S):

1. GP FOR ASSIGNMENT

2. GP FOR REVENUE

3. SOMISETTY GANESH BABU SC For VUDA and MUDA 3 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 28082/2025 The Court made the following Order: Heard Sri CH. Vijaya Kumar, learned counsel for the petitioner, learned Assistant Government Pleader for Revenue and the learned Standing Counsel for VUDA and MUDA – respondent No.5.

2. The grievance of the petitioner is against the action of the respondent Nos.2 to 5 in threatening to dispossess the petitioner from the subject lands assigned in favour of the mother of the petitioner under landless poor category in Sy.No.243-5 situated at Modhavalasa Vilalge, Denkada Mandal, Vizianagaram District without issuing any notice, without following due process of law or without acquiring the lands under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and consequently sought for a direction to the respondents not to interfere with the possession of the petitioner subject land.

3. When the matter has been taken up for consideration today, the learned Assistant Government Pleader for Revenue has placed before the Court a copy of remarks received by her in the case. The same are placed on record. A perusal of the same would reflect that pursuant to the request by the VMRDA, Visakhapatnam, the District Collector, Vizianagaram has requested the Tahsildar to submit the details of the assigned lands in Sy.No.239 to 244 of Modavalasa Village. In pursuance of the said proceedings, the report, dated

10.02.2025 was submitted to the Collector, Vizianagaram. The said written 4 instructions of the Tahsildar in the case would further reflects that the subject lands of the petitioner were not included in the said report submitted to the Collector. And that the writ petitioner had approached the Court without there being any cause of action for invoking the jurisdiction of this Court.

4. However, the learned counsel for the petitioner referring to the report of the Tahsildar, dated 19.02.2025 submits that the subject land forms part of the said report of the Tahsildar submitted to the Collector. Thus it is argued that in furtherance of request of VMRDA for identification assigned lands for various developmental programs the Tahsildar has identified certain extents of assigned land in Sy.Nos.241 to 243 of Modavalasa Village, Denkada Mandal, Vizianagaram District including the subject land of the petitioner. Thus apprehends that the respondents may take possession of the lands without following due procedure under law.

5. Considered the submissions.

Having regard to the above and in the light of the written remarks of the Tahsildar in the case forwarded to the Government Pleader for Revenue, this Court deems it appropriate to dispose of the Writ Petition observing that any acquisition proceedings in respect of the subject property should be in accordance with the procedure contemplated under law. Therefore the respondents are directed to follow due process of law in case of any acquisition proposals are made in respect of the subject land. The 5 respondents are further directed not to dispossess the petitioner from the subject property, without due process of law.