[3462 ]
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI ^
(Special Original Jurisdiction) v/
THURSDAY, THE TWENTY EIGHTH DAY OF MARCH ,
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE G.NARENDAR "
WRIT PETITION NO: 6468 OF 2019 ,
Between:
1. Narala Seetha Ramaaiah (Died) as per LR, S/o. Late
Vent atramaiah,
Age 60 years, Occ Agriculture, R/o R/o. Thokapalli
Village,
peddaraveedu Mandal, Prakasham Dist, A.P'-^
2. Narala Parvathi W/o Late Narala Seetha Ramaiah,
Aged about 52
years, Occ. Housewife R/o H.No.7-2d-1325, 9/2, Line,
Shardha Colony
Guntur District, A.P.
Permanent Address Thokapall Village,
Peddaraveedu Mandal, Prakasham District, A.P.
3. Narala Venkata Rao, S/o Late Narala Seetha Ramaiah,
Aged about 36
years, Occ.Job Holder, R/o H.No.7-20-1325, 9/2, Line,
Shardha Colony,
Guntur District, A.P.
Permanent Address Thokapall Village,
Peddaraveedu Mandal, Prakasham District, A.P.
4. Narala Laxmi @ Kadiam Laxmi, W/o Kadiam Ramaiah,
D/o Late Narala
Seetha Ramaiah, Aged about 33 years, Occ.Advocate,
R/o Gobburu
Village, Peddaraveedu Mandal, Prakasham District, A.P.
(Petitioners 2 to 4 are brought on record as L.R’s
to the deceased
sole petitioner as per the Order of this Court, dt.02.08.2023,
vide
order passed in I.A.1 of 2021)
...PETITIONER(S)
AND
1. The State of AP, Rep. by its Principal Revenue Department
(Land
Acquisition), Secretariat Buildings. Velagapudi, Amaravati,
A.P
2. The District Collector, Prakasham Di^rict, District
Collectorate, Ongole
P.0, A.P
3. The Special Collector, (Land Acquisition) P.S. Veligonda
Project
Ongole, Prakasham District, A. P
4. The Special Deputy Collector (L.A),, P.S.Veligonda
Project, Unit- II,
Markapur, Prakasham Dist, A.P^
5. The Tahsildar, Peddaravee'du Mandal, Prakasham Dist,
A.P.
...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 a Writ, Order or Direction more
particularly one in the
nature of writ of mandamus declaring the action of
the respondents
more
particularly Respondents No. 2 to 5 in not paying compensation
amount to
the Petitioner total to an extent of Ac. 10.31 Cents
of the lands in S.No.297
to an extent Ac. 3.32 Cents, S.No.298 to an extent
of Ac.2.40 Cents, in
S.No. 299 to an extent of Ac.0.53 Cents and in S.No.
300/1 to an extent of
Ac. 4.06 Cents respectively situated at Thokaplli Village
of Peddaraveedu
Mandal of Prakasham la is illegal, arbitrary and violation
of Article 14, 19
and 21 of the Constitution of India and consequently
direct the Respondents
A
No. 3 to 5 to pay the compensation amount to the Petitioner of the lands in
S.No.297 to an extent Ac. 3.32 Cents, S.No.298 to an extent of Ac.2.40
Cents, in S.N 299 to an extent of Ac.6.53 Cents and
in S.No. 300/1 to an
extent of Ac. 4.06 Cents respectively situated at Thokaplli Village of
^
Peddaraveedu Mandal of Prakasham District in the interest of justice.
lA NO: 1 OF 2020
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 permit the petitioner engaged to another advocate Mr. Ramaiah
Kadiam (22621) in the place of the P.V.Subbarao(13793) without NOC.
lA NO: 1 OF 2019
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 No. 3 to 5 to stop the construction work
in the Petitioner's lands, which were acquired from the Petitioner in
V.
S.No.297 to an extent Ac. 3.32 Cents, S.No.298 to an extent of Ac.2.40
Cents, in S.No. 299 to an extent of Ac.0.53 Cents and in S.No. 300/1 to an
extent of Ac. 4.06 Cents respectively total to an extent of Ac. 10.31 Cents
situated at Thokaplli Village of Peddaraveedu Mandal of Praliasham District
till the payment of just compensation is paid to the Petitioner in the interest
of justice.
Counsel for the Petitioner(s): SRI. RAMAIAH KADIAIVf^
Counsel for the Respondents 1 to 5 : GP FOR LAND ACQUISITION
V/
The Court made the following: ORDER
HON’BLE SRI JUSTICE G.NARENDAR
WRIT PETITION N0.6468 of 2019
ORDER:-
1. Heard learned counsel for the petitioner and the learned
Assistant Government Pleader for Land Acquisition for the
Respondents.
2. In sum and substance, the case points out to claims and
completing claims of title over certain parcels of land comprised in
various survey numbers. The adjudication of the competing
claims would require material to be placed and evidence to be
appreciated which would be inappropriate for this Court under
proceedings of Article 226.
3. On the one hand the petitioner is asserting title to the lands
on the ground that the he is the assignee of the lands and the
lands have been granted to him by way of assignment. On the
contrary, learned Assistant Government Pleader for Land
Acquisition would submit that the lands are Government lands
and were earlier reserved for the purpose of allotment of sites to
the landless poor and later on account of introduction of the Pula
Subbaiah Veligonda Project, the lands were resumed from the
allottees (allottees of sites) and the land is now being put to use
for a different purpose.
4. It is also canvassed by the learned AGP that in fact certain
third parties had set up claim of title over the lands and in that
view, a compensation has also been paid to third parties.
2
5. In the above background, it would be beyond the scope
of
Article 226 to conduct an enquiry into competing titles
and render
an opinion.
6. In that view of the matter, the Writ Petition is disposed
of by
reserving liberty to the petitioner to either approach nd
the 2
respondent for determination of title as to whether
the same vest
in the State or previously vested with the petitioner
or with any
other third party. Alternatively, the petitioner is
also permitted to
approach the Civil Court and initiate appropriate suit/proceedin
gs
to enable determination of the ownership rights of
the petitioner.
7. With the above observation, the Writ Petition stands
disposed of. In the event the petitioner makes an application
in
terms of the liberty reserved to him, the 2^^^^ respondent
shall
conduct a hearing and complete the same within an outer
limit of
six (06) months from the date of receipt of the representation.
There shall be no order as to costs.
In view of the disposal of this Writ Petition, the
pending
miscellaneous petitions, if any, shall stand closed.
registrar
//TRUE COPY//
Lc^
SECTION OFFICER
To,
1. The Principal Revenue Department (Land Acquisition)
, State of AP,
Secretariat Buildings, Velagapudi, Amaravati, A.P
2. The District Collector, Prakasham District, District
Collectorate,
Ongole
P.0, A.P
3. The Special Collector, (Land Acquisition) P.S. Veligonda
Project,
Ongole, Prakasham District, A. P
4. The Special Deputy Collector (L.A)„ P.S.Veligonda
Project, Unit- II,
Markapur, Prakasham Dist, A.P
5. The Tahsildar, Peddaraveedu Mandal, Prakasham Dist,
A.P.
6. One CC to SRI. RAMAIAH KADIAM Advocate [OPUC]
7. Two CCs to GP for LAND ACQUISITION, High Court of
Andhra
Pradesh. [OUT]
8. Three CD Copies
Madhu
HIGH COURT
DATE0:28/03/2024
ORDER
Ov
WP.No.6468 Of 2019 17 MAY OT
% TfSi'
DISPOSING THE WP WITHOUT COSTS