Andhra Pradesh High Court

WP/31146/2024 of PUDIPARTHI VIJAYALAKSHMI Vs THE STATE OF AP on 31 December 2024

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HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY , THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 31146/2024 Between: Pudiparthi Vijayalakshmi and Others

APHC010593132024

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

TUESDAY ,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDAWRIT PETITION NO: 31146/2024

Between:

Pudiparthi Vijayalakshmi and Others

...PETITIONER(S)

AND

The State Of Ap and Others

...RESPONDENT(S)

Counsel for the Petitioner(S):

1.TRUPTHI AGARWAL

Counsel for the Respondent(S):

1.GP FOR REVENUE

2.GP FOR AGRICULTURE

The Court made the following:

THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.31146 OF 2024

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ORDER:-

This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Mandamus declaring the action of the respondents in trying to lay flyover over the railway track in petitioner’s land to an extent of Ac.1.00 cents in Sy.No.220/2A-1A1C4 situated in Manubolu Village, Manubolu Mandal, SPSR Nellore District, A.P. and land to an extent of Ac.0.91 cents in Sy.No.220/2A-1A1C4 situated i Manubolu Village, Manubolu Mandal, SPSR Nellore in District, A.P. without acquiring the petitioner’s land and without following due process of law as illegal, arbitrary in violation of Principles of Natural Justice and contrary to the provisions of the Land Acquisition, Rehabilitation and Resettlement Act 2013 and pass such other order or orders...”

2. Heard learned counsel for the petitioners and learned Government Pleader for the respondents.

3. Learned counsel for the petitioners submits that the 1[st] petitioner herein is the absolute owner and possessor of the land admeasuring to an extent of Ac.1.00 cents in Sy.No.220/2A-1A1C4 situated in Manubolu Village, Manubolu Mandal, SPSR Nellore District and 2[nd] petitioner herein is the absolute owner and possessor of the land admeasuring to an extent of Ac.0.91 cents in Sy.No.220/2A-1A1C4 situated in Manubolu Village, Manubolu Mandal, SPSR Nellore in District having acquired the said properties through registered sale deeds in the year ,2021. Since then, the petitioners have been in peaceful possession and enjoyment of the subject properties. While so, the respondents herein without issuing any notice and without invoking the provisions of Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013 (in short ‘Act 30 of 2013’) are interfering with the peaceful possession and enjoyment of the properties of the petitioners. Aggrieved by the said action, the petitioners filed the present writ petition.

4. On the other hand, learned Government Pleader for the respondents furnished written instructions dated 28.11.2024, wherein, it is stated that the respondents are taking steps for laying of Rail Over Bridge in LIEU of L.C.No.102 of South Central Railway at KM. 143/32-34 between Gudur to Manubolu. It is further submitted that it is a preliminary stage, where preliminary notification proposals were submitted to the District Collector, SPSR Nellore for construction of the subject Rail Over Bridge. Pursuant to the same, the respondents are taking steps to issue notification for acquisition of land. After issuance of such notification, as per Section 15 of the Act, the petitioner is entitled for submission of her objections.

5. Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents and on perusal of the material placed on record, this Court is of the considered view that the present writ petition can be disposed of, directing respondent Nos. 2 to 5 herein not to interfere with the peaceful possession and enjoyment of the subject properties of the petitioners without following due process of law as contemplated under Act 30 of 2013.

6. With the above direction, the writ petition is disposed of. There shall be no order as to costs.

Miscellaneous petitions, if any pending, in this case, shall stand closed.

________________________________

VENKATESWARLU NIMMAGADDA, J

Date:31.12.2024 BSP

BSP

THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION.NO.31146 OF 2024

DATED:31.12.2024

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