APHC010097572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3329]

(Special Original Jurisdiction)

MONDAY ,THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5177/2025 Between:

G Kanthamma and Others ...PETITIONER(S)

AND The State Of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner(S):

1. KALE VIJAYA RAJU Counsel for the Respondent(S):

1. GP FOR REVENUE The Court made the following:

ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

“to issue order or direction more particularly in the nature of writ of mandamus declaring the action of the 4th respondent in evicting the petitioners land for an extent of Ac.0.56 cents in Sy.No 9/4A, an extent of Ac.0.30 cents in Sy.No.9/4B, an extent of 0.28 cents in Sy.No.8/1C/1 and an extent of 0.52 cents in Sy.No.8/1C/2 total an extent of Ac.1.66 cents situated at Gunjarlapalle Revenue, Village Santhipuram Mandal, Chittoor District by proposing to lay the road without following land acquisition proceedings is illegal, arbitrary unjust contrary to the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 and violative of principles of Natural Justice and violation of articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to lay the road by disposes or interfere in the above subject land and to pass such other order or orders...”

2. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

3. The learned counsel for the petitioners submits that the petitioners are the absolute owners and possessors of the subject lands for an extent of Ac. 0.56 cents in Sy. No. 9/4A, Ac. 0.30 cents in Sy. No. 9/4B, Ac. 0.28 cents in Sy. No. 8/1C/1, and Ac. 0.52 cents in Sy. No. 8/1C/2, totaling Ac. 1.66 cents, situated in Gunjarlapalle Revenue Village, Santhipuram Mandal, Chittoor District.

4. He further submits that in the absence of any notified or classified pathway, the respondents cannot lay pathway through the petitioners' land without following the procedure as contemplated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 30 of 2013. Hence the writ petition.

5. On the other hand the learned Government pleader furnished written instructions submitted by the 4^th respondent herein dated 28.02.2025 wherein it is stated that pursuant to the representation submitted by the 5^th respondent the respondents authorities are trying and convincing DKT patta holders for laying pathway with the consent of the concerned pattaholders/assignees. It is further stated that the respondents are not taking any steps for laying any pathway as alleged by the petitioners.

6. Having considered the submissions made by the learned counsel for the petitioners and the learned Government Pleader appearing for the respondents, and on perusal of the material available on record, this Court is of the considered view that without going into the merits of the case, the present writ petition can be disposed of, by directing the respondent authorities not to interfere with the petitioners' possession and enjoyment of the property without following due procedure as contemplated under the law.

With the above said direction, the Writ Petition is disposed of. There shall be no order as to costs.

Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed.

______________________________________ VENKATESWARLU NIMMAGADDA, J

03.03.2025 klk HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.5177 of 2025

03.03.2025 klk