Basireddy Penchal Reddy, Vs The State of Andhra Pradesh

Basireddy Penchal Reddy, S/o. Duggi Reddy, Aged about 58 years OccAgriculture, Mudumala Gram Pachayat Post, Chinnayapalli Village B.Mattam Mandal, YSR Kadapa District.

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...Petitioner

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Secretariat Building, Velagapudi, Guntur District.

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The District Collector, Kadapa, YSR Kadapa District. 3. The Land Acquisition Officer/Joint Collector, Kadapa, YSR Kadapa District

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The Revenue Divisional Officer, Badvel Revenue Division, YSR Kadapa District.

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The Tahsildar, B. Mattam, YSR Kadapa District.

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The District Surveyor, Revenue Department, YSR Kadapa^District.

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The Deputy Inspector, Revenue Department, Badvel, YSR Kadapa District.

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The Mandal Surveyor, B. Mattam, YSR Kadapa District

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The Village Surveyor, Sachivalayam, Mudamala Village, B. Mattam Mandal, YSR District

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The Village Revenue Officer, District.

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Mudamala, B. Mattam Mandal, YSR

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National Highways Authority of India, Rep by its Chairman, G5 and G6 and 6 Sector, Dwarka, New Delhi.

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...Respondents

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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 an appropriate Writ, Order or Direction more particularly^one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the petitioners representation. dated 19-03-2025 seeking to conduct survey of the petitioners lands in Sy. No. 260 an extent of Ac. 1.36 cents, Sy.No.262 an extent of Ac. 86 72 cents, Sy. No. 310 an extent of Ac. 0.25 cents, Sy.No. 311 an extent of Ac.0.40 cents, 314/1 extent of Ac. 0.30 cents Sy.No. 353 an extent of Ac. 0.31 cents, Sy.No. 360 an extent of Ac.0.64 cents, , Sy. No. 372/1 cents an extent of Ac. 0.08 cents, Sy.No. 373/1 an extent of Ac. 0.76 cents, and Sy.No. total land an extent of Ac. 4.96 Vz cents situated at Mudumala Gram Panchayat, Chinnayapalli B. Mattam Mandal, YSR Kadapa District and to fix boundaries and also to pay the compensation amount to the petitioner for acquiring the lands as per provisions of the Right to Fair Compensation and Transparency in land acquisition. Rehabilitation and Resettlement Act, 2013 is illegal, unjust, arbitrary and in violative of Article 14, 21 and 300 A of the Constitution of India and consequently direct the 3rdrespondent to consider the petitioners representation, dated 19-032025 seeking to conduct survey and to fix the boundaries of the petitioners lands in Sy. No. 260 an extent of Ac. 1.36 cents, Sy.No.262 an extent of Ac. 86 7 cents, Sy. No. 310 an extent of Ac. 0.25 cents, Sy.No. 311 an extent of Ac.0.40 cents, 314/1 an extent of Ac. 0.30 cents Sy.No. 353 an extent of Ac. 0.31 cents, Sy.No. 360 an extent of Ac.0.64 cents, Sy. No. 372/1 cents an extent of Ac. 0.08 cents, Sy.No. 873/1 an extent of Ac. 0.76 cents, total an

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extent of Ac 4.96 1/2 cents situated at Mudumala Gram Panchayat, Chinnayapalli. B. Mattam Mandal. YSR Kadapa District

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[A NO: 1 OF 2025

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in ,h """ circumstances stated direct I' ot direct the respondents to pay the compensation amount to the petitioner for the petitioner’s lands in Sy. No. 260 an extent of Ac. 1.36 cents, Sy No 262 an extent of Ac. 86 '/. cents, Sy. No. 310 an extent of Ac. 0.25 cents, Sy.No. 311 an extent of Ac.0.40 cents, 314/1 an extent of Ac. 0.30 cents Sy.No. 353 an extent of Ac. 0.31 cents, Sy.No. 360 an extent of Ac.0.64 cents, Sy. No. 372/1 cents an extent of Ac. 0.08 cents Sy.No. 373/1 an extent of Ac. 0.76 cents, and Sy.No., total an extent of Ac. 4.96 ’/a cents situated at Mudumala Gram Panchayat, Chinnayapalli, B.Mattam Madal. YSR Kadapa District as per provisions of the Right to■“Fair Compensation andr..3,Transparency in Land/ the above writ petition

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LA NO: 2 OF 2n?.^

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed i - direct the 3« r 'h direct the 3 respondent to consider the petitioner S representation, dated; 1903-2025 seeking to conduct survey and to fix the boundaries of the petitioner's lands in Sy. No. 260 an extent of Ac. 1.36 cents, Sy.No.262 an extent of Ac 86 72 cents, Sy. No. 310 an extent of Ac. 0.25 cents, Sy.No. 311 an extent of Ac.0.40 cents, 314/1 an extent of Ac. 0.30 cents Sy.No. 353 an extent of Ac, 0.31 cents. Sy.No. 360 extent of Ac. 0.08 cents,anSy.No.extent of Ac.0.64 cents, Sy No. 372/1 cents an extent of Ac. 4.96 7 373/1 an extent of Ac. 0.76 cents, total an cents situated at Mudumala Gram Panchayat Chinnayapalli, B. Mattam Mandal, YSR Kadapa District

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Counsel for the Petitioner: SRI PENJURI VENUGOPAL

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Counsel for the Respondents No.1, 2, 4 to 10: GP FOR^REVENUE Counsel for the Respondent No.3: GP FOR LAND ACQUISITION Counsel for the Respondent No.11: DEPUTY SOLICITOR^GENERALOF INDIA

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The Court made the following order:

APHC010266142025

[3331]

0M0 ■Jairl

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 16242/2025

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Between;

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1.BASIREDDY PENCHAL REDDY 1 7 S/0. DUGGI REDDY, AGED ABOUT 58 YEARS OCC- AGRICULTURE MUDUMALA GRAM PACHAYAT POST.CHINNAYAPALLI VILLAGE B.MATTAMMANDAL, YSR KADAPA DISTRICT.

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...PETITIONER

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AND

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

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THE DISTRICT COLLECTOR, KADAPA,YSR KADAPA DISTRICT.

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THE LAND ACQUISITION OFFICER/JOINT COLLECTOR, KADAPA, YSR KADAPA DISTRICT

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THE REVENUE DIVISIONAL OFFICER, BADVEL REVENUE DIVISION, YSR KADAPA DISTRICT.

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THE TAHSILDAR, B. MATTAM, YSR KADAPA DISTRICT.

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THE DISTRICT SURVEYOR, REVENUE DEPARTMENT, YSR KADAPA DISTRICT.

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THE DEPUTY INSPECTOR, REVENUE DEPARTMENT, BADVEL, YSR KADAPA DISTRICT.

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8t THE MANDAL SURVEYOR, B. MATTAM, YSR KADAPA DISTRICT

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Page 2 of 6

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SRS.J W.P,No,16242 of 2025

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THE VILLAGE SURVEYOR,

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, SACHIVALAYAM MU DAM ALA

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VILLAGE, B. MATTAM MANDAL, YSR DISTRICT

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10.THE VILLAGE REVENUE OFFICER MUDAMALA, B. MATTAM

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MANDAL, YSR DISTRICT.

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NATIONAL HIGHWAYS AUTHORITY OF INDIA, REP BY ITS

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CHAIRMAN, G5 AND G6 AND 6 SECTOR DWARKA, NEW DELHI.

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...RESPONDENT(S):

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Petition under Article 226 of the Constitution of India praying that in the Circumstances stated in the affidavit filed therewith i, the High Court may be pleased to issue an in fh . . Writ, Order or Direction more particularly one in he nature of Writ of Mandamus declaring the action of the respondents in ot considering the petitioners representation, dated 19-03-2025 seeking to entfsvr2r"'^ - exten'of Ac Ts cents Sy.Na262 an extent of Ac. 86 72 cents, Sy. No. 310 an extent of Ac cents 372/1 Ac 0 64 cents, , Sy. No. 372/1 cents an extent of Ac. cents, Sy.No. 373/1 an extent of t M ’ Ac. 4.96 Vq cents situated KadanfTt 1°''^^ Panchayat, Chinnayapalli, B. Mattam Mandal YSR to ^rn tr ' T ot pay the compensation amount' to the peti loner for acquiring the lands as per provisions of the Right to Fair Comi^ensation and Transparency in 1 land acquisition, RehabLiion and Resettlement Act, 2013 is illegal, unjust, arbitrary and in violative of Article 14, 21 and 300 A of the Constitution of India and consequentity direct the 3rdrespondent to consider the petititoners representation, dated 19-03-2025 seeking to conduct in Sv Mn 9Kn boundaries of the petitioners lands Cents' Sv No ZT ^ "n extent of Ac. 86 1/2 extenU.31 cents,of Ac.Sy.No.0.08 cents,360 anSy.No.extent373/1of Ac.0.64an extentcents,o;, AcSy 0No76 cents372/1 centstotal anan extent of Ac 4.96 1/2 centssituated at Mudumala Gram Panchayat Chinnayapalli, B. Mattam Mandal, YSR Kadapa District and pass ^ '

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Page 3 of 6

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SRS.J W.P.No. 16242 of 2025

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lA NO: 1 OF 202fi

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Petition under Section 151 CPC praying that in the circumstances stated m the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the respondents to pay the compensation amount to the petitioner for the petitioner’s lands in Sy. No. 260 an extent of Ac. 1.36 cents, Sy.No.262 an extent of Ac. 86 Ya cents, Sy.^No.310 an extent of Ac. 0.25 cents, Sy.No. 311 an extent of Ac.0.40 cents 314/1 an extent of Ac. 0.30 cents Sy.No. 353 an extent of Ac. 0.31 cents, Sy.No. 360 an extent of Ac.0.64 cents, , Sy. No. 372/1 cents an extent of Ac. 0.08 cents, Sy.No. 373/1 an extent of Ac, 0.76 cents, and Sy.No., total an extent of Ac. 4.96 V2 cents situated at Mudumala Gram Panchayat, Chinnayapalli, B.Mattam Madal, YSR Kadapa District as per provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, pending disposal of the above writ petition and pass

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lA NO: 2 OF 2025

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^ Petition under Section 151 CPC praying that in the^{circumstancesstated} ii'i the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the direct the 3rd respondent to consider the petitioner's representation, dated: 19-03-2025 seeking^toconduct survey and to fix the boundaries of the petitioner's lands in Sy. No. 260 an extent of Ac. 1.36 cents, Sy.No.262 an extent of Ac. 86 Ya cents, Sy. No. 310 an extent of Ac. 0.25 cents, Sy.No. 311 an extent of Ac.0.40 cents, 314/1 an extent of Ac. 0.30 cents Sy.No. 353 an extent of Ac, 0.31 cents, Sy.No. 360 an extent of Ac.0.64 cents, , Sy. No. 372/1 cents an extent of Ac. 0.08 cents, Sy.No. 373/1 an extent of Ac. 0.76 cents, total an extent of Ac. 4.96 Ya centssituated at Mudumala Gram Panchayat, Chinnayapalli, B. Mattam Mandal, YSR Kadapa District and pass such other order or orders may deem fit and proper in the circumstances of the case, pending disposal of the above writ petition and pass

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Counsel for the Petitioner:

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1.PENJURI VENUGOPAL

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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Page 4 of 6

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SRS,J W.P.No.16242 Of 2025

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2.GP FOR LAND ACQUISITION

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The Court made the following:

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:: ORDER ::

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The grievance of the petitioner is that respondents 6 to 8 are not surveying the petitioner’s land of an extent of Ac.1.36 cents in Sy.No.260; Ac.0.86 Vt. cents in Sy.No.262; Ac.0.25 cents in Sy.No.310;^{Ac.0.40centsin} Sy.No.311: Ac.0.30 cents in Sy.No.314/1; Ac.0.31 cents in Sy.No.353; Ac.0.64 cents in Sy.No.360; Ac.0.08 cents in Sy.No.372/1 and Ac.0.76 cents in Sy.No.373/1 of Mudumala Gram Panchayat, Chinnayapalli, B. Mattam Mandalj, YSR Kadapa District and paying compensation for the lands acquired under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter^referred to as ‘the Act’).

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Fleard Sri P. Venugopal, learned counsel for the petitioner, and Sri G. Divya Theja, learned Assistant Government Pleader for Revenue, appeared for respondents 1 to 10 and Sri S.S. Varma, learned Deputy Solicitor General, appeared for respondent No. 11.

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Learned counsel for the petitioner would submit that respondent No.6 issued notice on 28.12.2024 (Ex.P4) to survey on 07.01.2025. Flowever, the survey has not been conducted so far.

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Learned Assistant Government Pleader for Revenue submitted the instructions of the Joint Collector. As seen from the instructions, it was pleaded that a re-survey of lands is still going on and it will be completed by following due process. In respect of compensation, it was pleaded that the competent authority is taking steps to determine and pay compensation under the Act., ^

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Page 5 of 6

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SRS.J W.P.No. 16242 of 2025

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Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of at the stage of admission with the consent of both the learned counsel, directing respondents 6 to 8 to complete survey in respect of the aforementioned properties, within eight (08) weeks, from the date of receipt of a copy of the order. Based on the survey report, the respondent authorities shall consider the payment of compensation, if any, payable to the petitioner. No order as to costs.

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As a sequel, pending miscellaneous petitions, if any, shall stand closed.

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Sd/- N“NAGAMMA ASSISTANT REGISTRAR ECTION OFFICER

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//TRUE COPY//

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To, 1. The Principal Secretary, State of Andhra Pradesh, Revenue Department, Secretariat, Secretariat Bulidi nn \ / nri r uis rri/^TCl i^i. 2. The District Collector, Kadapa, YSR Kadapa District. 3. The Land' Acquisition Officer/Joint Collector, Kadapa, YSR Kadapa District 4. The Revenue Divisional Officer, Badvel Revenue Division YSR Kadapa District. 5. The Tahsildar, B. Mattam, YSR Kadapa District. 6. The District Surveyor, Revenue Department, YSR Kadapa^District. 7. The Deputy Inspector, Revenue Department, Badvel, YSR Kadapa District. 8. The Mandal Surveyor, B. Mattam, YSR Kadapa District 9. The Village Surveyor, Sachivalaya m Mudamala Village, B. Mattam Mandal, YSR District 10. The Village Revenue Officer, Mudamala, B. Mattam Mandal, YSR District. 11. The Chairman, National Highways Authority of India, G5 and G6 and 6 Sector, Dwarka, New Delhi.

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