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2025:APHC:60632

APHC010136692020

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3233]

(Special Original Jurisdiction)

TUESDAY,THE TWENTY THIRD DAY OF DECEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

WRIT PETITION NO: 8197/2020

Between:

1. C HITTURI LATHA SARANYA, EG.

2. C HITTURI LATHA SARANYA, FATHER NAME. DORABABU AGE. 28

ADDRESS. KOOLLA VILLAGE, K.GANGAVARAM MANDAL, EAST

GODAVARI DISTRICT

...PETITIONER(S)

AND

1. S TATE OF ANDHRA PRADESH, rep by its principal secretary,

Revenue Department Address. Secretariat, Velagapudi, Amaravati

...RESPONDENT

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 toissue a Writ, Order or Direction more particularly one in the nature

of Writ of Mandamus declaring the Preliminary Notification, issued by the

Respondent No.2 vide Ref.G4/497/2019, dated 5-3-2020 under Section 11(1)

of the Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013 (Act 30 of 2014) whereby proposed

to acquire the Petitioners agricultural lands an extent of Ac.1.25 cents covered

by Sy.No. 135-5 and Ac.1.28 covered by Sy.No.135-6 (wrongly shown as

Sy.No.235-6) respectively situated at Koolla Village, K.Gangavaram Mandal,

East Godavari District, without determining Social Impact and Public Purpose

as required under Chapter II of the Act 30 of 2013 and contrary to Section 10

of Act 30 of 2013 and all consequential proceedings as arbitrary, illegal,

unconstitutional, against principles of natural justice, and contrary to the

provisions of the Right to Fair Compensation and Transparency in Land

2

H20B2K5M:A,JP HC:60632

W.P.No.8197 of 2020

Acquisition Rehabilitation and Resettlement Act, 2013, and rules made there

under, and consequently set aside the same, and to pass

IA 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

grant stay of all further proceedings in pursuance of the Preliminary

Notification issued by the Respondent No.2, vide Ref.G4/497/2019, dated 5-3-

2020, including dispossession of the Petitioners from their lands an extent of

Ac.1.25 cents covered by Sy.No. 135-5 and Ac.1.28 cents covered by

Sy.No.135-6 respectively situated at Koolla Village, K.Ganavaram Mandal,

East Godavari District, pending disposal of the above writ petition, and to pass

Counsel for the Petitioner(S):

1. BOLLA VENKATA RAMA RAO

Counsel for the Respondent:

1. GP FOR LAND ACQUISITION (AP)

The Court made the following Order:

Heard the learned counsel for the petitioners and the learned Assistant

Government Pleader for the respondents.

2. This Writ Petition was filed declaring the Preliminary Notification, issued

by the Respondent No.2 vide Ref.G4/497/2019, dated 5-3-2020 under Section

11(1) of the Right to Fair Compensation and Transparency in Land

Acquisition, Rehabilitaion and Resettlement Act, 2013( Act 30 of 2014)

whereby proposed to acquire the Petitioner’s agricultural lands an extent of

Ac.1.25 cents covered by Sy.No.135-5 and Ac.1.28 covered by Sy.No.135-6

(wrongly shown as Sy.No.235-6) respectively situated at Koolla Village, K.

Gangavaram Mandal, East Godavari District, without determining Social

Impact and Public Purpose as required under Chapter II of the Act 30 of 2013

3

H20B2K5M:A,JP HC:60632

W.P.No.8197 of 2020

and contrary to Section 10 of the Act 30 of 2013 and all consequential

proceedings.

3. On the other hand, the learned Assistant Government Pleader relying

upon the written instructions of the 4^th respondent dated 23.12.2025 submits

that an Alternative land was identified in Sy No.121-2 measuring an extent of

Ac 1.35cts of land in Koolla village and acquired private land under Voluntary

land acquisition for providing house sites to the beneficiaries of Kota village.

There is no need of acquiring the subject lands Ac 3.57cts in Sy.No.135-5 of

Kool