V. Rama Raju, S/o. Subba Raju v. State Of AP, Represented By Its Principle Secretary, (Revenue Department)
2025-10-16
B KRISHNA MOHAN
body2025
DigiLaw.ai
ORDER : B. KRISHNA MOHAN, J. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader appearing for the respondent No.1 to 4. 2. Writ Petition No.12992 of 2015 was filed seeking to declare the Form-9 proceedings of the 3rd respondent dated 11.02.2013 which was served on the petitioners on 28.12.2013 purporting to be a notice of award under Section 12(2) of Land Acquisition Act (Act 1 of 1894) intimating inter alia, about passing of a consent award No.1 of 2013 dated 11.02.2013 under Section 11(2) of the Act 1 of 1894 relating to the land of the petitioners admeasuring Ac.2.75 cents in survey No.68/5, Ac.0.45 cents in survey No.81/1B, Ac.0.35 cents in survey No.81/2B and Ac.1.52 cents in survey No.81/3B of Mulapet Village, U-Kothapalli Mandal, East Godavari District, without obtaining the consent in writing from the petitioners, as arbitrary, illegal and contrary to the rules made in that regard. 3. Writ Petition No.44764 of 2017 was filed questioning the action of the of the respondents in assigning the petitioners’ land admeasuring Ac.2.75 cents in survey No.68/5, Ac.0.45 cents in survey No.81/1B, Ac.0.35 cents in survey No.81/2B and Ac.1.52 cents in survey No.81/3B of Mulapet Village, U-Kothapalli Mandal, East Godavari District and further sought a direction to the respondents to restrain from assigning the petitioners’ land admeasuring Ac.2.75 cents in survey No.68/5, Ac.0.45 cents in survey No.81/1B, Ac.0.35 cents in survey No.81/2B and Ac.1.52 cents in survey No.81/3B of Mulapet Village, U-Kothapalli Mandal, East Godavari District. 4. Writ Petition No.25008 of 2020 was filed questioning the action of the respondent Nos.2 to 4 herein in interfering with the peaceful possession and enjoyment of the petitioners land in survey Nos.68/5, 81/1B, 81/2B and 81/3B, in total to an extent of Ac.05.07 cents situated at Mulapeta Village, U-Kothapalli Mandal, East Godavari District, without initiating proceedings under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 while pending writ petition Nos.44764 of 2017 and 12992 of 2015. 5.
5. On the other hand, the learned Assistant Government Pleader appearing for the respondents, relying upon the written instructions of the 4th respondent dated 15.10.2025, submits that though the land of the petitioners was notified for acquisition under the provisions of the Land Acquisition Act, 1894 in the year 2006 and was acquired by passing the award dated 11.02.2013, the awarded amount was not paid to the petitioners and in any case the award is under challenge in writ petition No.12992 of 2015. In pursuance of the award passed, mutation has taken place in the revenue records as “the land was acquired/Government land-SWLA-House sites etc.,” and at the same time the land is not in possession and enjoyment of the petitioners. Thus, the land was not physically taken possession from the petitioners till now. In writ petition No.25008 of 2020, the petitioners submitted their willingness to part with the land in acquisition for the noble cause of housing to be provided under the welfare scheme, provided suitable compensation is paid under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 6. In view of the above said facts and circumstances, the respondent Nos.2 to 4 are directed to deal with the subject land in an extent of Ac.05.07 cents in survey Nos.68/5, 81/1B, 81/2B and 81/3B situated at Mulapeta Village, U-Kothapalli Mandal, East Godavari District, strictly in accordance with law, if so warranted for any public purpose and the petitioners shall not be dispossessed from the subject land except by following the due procedure. 7. Accordingly, these writ petitions are disposed of. Interim orders, if any, deemed to have been vacated. The written instructions of the 4th respondent dated 15.10.2025 shall be made as part of the Court record. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed.