SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(AP) 771

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
B. Krishna Mohan, J.
Kunisetty Hymavathy - Petitioner
Versus
The State of Andhra Pradesh, rep. by its Principal Secretary and Others - Respondents
Writ Petition No.12704 OF 2020
Decided On : 08-05-2026

Advocates Appeared:
For the Petitioner: Naresh Byrapaneni
For the Respondent: GP for Revenue, GP For Land Acquisition (AP)

ORDER :

B. Krishna Mohan, J.

Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents.

2. This writ petition was filed questioning the entire land acquisition proceedings including the declaration issued u/s.6 and all the subsequent proceedings including the award dated 09.04.1976 as void and the same was lapsed by virtue of the provisions of Sec.24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 by directing the respondents to pay the compensation to the petitioners by initiating the proceedings under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

The learned counsel for the petitioners submits that the petitioner purchased an extent of Ac.5.20 cents of land in the year 1973 under different registered sale deeds for different extents vide registered document No.1698 of 73, dated 15.06.1973 for an extent of Ac.1.22 cents in Sy.No.608/A/A, registered document No.1700/1973, dated 15.06.1973 for an extent of Ac.0.99 cents in Sy.No.608/A/A and registered document No.1701/1973, dated 15.06.1973 for an extent of Ac.2.23 cents in Sy.No.608/A/A, Ac.0.38 cents in Sy.No.600/C and Ac.0.38 cents in Sy.No.601/C totalling Ac.2.99 cents situated in Martur Village, Martur Mandal, Prakasam District. Sincethen, the petitioner was in possession and enjoyment of the same.

The petitioner along with her husband moved to Chennai in 1975 and lived there till 1989 with their business activities. Later, they moved to Visakhapatnam in 1989 and lived there till 1995. Then they moved to Vijayawada in 1995 and lived there till 2000. Since her health condition was not good, they moved back to Guntur. The husband of the petitioner died on 30.11.2006. During his life time, he looked after the subject lands. Later the petitioner’s father by name Maddi Satyanarayana looked after the affairs of the subject land till he expired in June, 2008. Later the petitioner’s close relative one Kunisetty Mallikarjuna Rao looked after the affairs of the land till he died in the year 2019.

The deponent of the writ petition is the GPA holder and son of the petitioner and because of his education and employment elsewhere, he had no knowledge of the subject land owned by his mother who purchased in the year 1973. After the demise of Kunisetty Mallikarjuna Rao in December, 2019, the petitioner gave the above said sale deeds to her son/deponent on 25.03.2020 and informed about the property. It was the lockdown period of Covid-19. After lifting of lockdown, the petitioner’s son/deponent made enquiries and came to know that the lands were acquired for government purpose and some part was also acquired by the National Highway Authority. On receiving such information from the locals, he contacted the respondent Nos.3 & 4 to enquire about the acquisition of the petitioner’s lands in Sy.Nos.608/A/A, 600/C and 601/C of Martur Village, Martur Mandal. But they did not choose to give any details. Then he went to the locality and came to know that the subject lands were occupied by different people by constructing houses in different plots and they informed that the house plots were assigned by the government and they were not aware to whom the said land belongs to. The petitioner did not receive any notice at any point of time proposing to acquire. No compensation was paid. The petitioner shall not be deprived of the enjoyment of the said land without following the due process of law. The petitioner is entitled for the entire compensation to be paid as on 2020. The respondents without taking any legal steps acquired the petitioner’s land illegally without following the due process of law.

3. On the other hand the learned Government Pleader appearing for the respondents relying upon the counter of the respondents submits that as per the records available with the 4th respondent and basing upon the proposa

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top