Andhra Pradesh High Court - Amravati
Smt. Saripalli Aruna Kumari, vs The State Of Andhra Pradesh on 19 August, 2025
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APHC010395412025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
S-
(Special Original Jurisdiction)
■U
TUESDAY,THE NINETEENTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FIVE "t, ^ H#'
PRESENT
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION NO: 20456 OF 2025
Between:
Smt. Saripalli Aruna Kumari, W/o Pothu Raju, aged about 59 years, Occ
Housewife, residing at D.No.51-9-17/3 Nakkavanipalem, Visakhapatnam,
Visakhapatnam District,AP.530013.
...PETITIONER
AND
1. The State of Andhra Pradesh, Represented by its Principal Secretary,
Revenue Department A.P. Secretariat at Velagapudi, Amaravathi,
Guntur District.
2. The District Collector, Vizianagaram, Vizianagaram District.
3. The Special Deputy Collector, (Land Acquisition), Bhogapuram
Greenfield Airport, Project, Vizianagaram District.
4. The Revenue Divisional Officer, Vizianagaram District.
...RESPONDENTS
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 or order or direction, more particularly
one in the nature of writ of Mandamus or any writ by granting the following
reliefs (a) Declare the action of the Respondents in utilizing the petitioner^
land for public purpose without compensation as arbitrary, illegal and violative
A
of Article 300A of the Constitution of India consequently, directing the
Respondents to pay the compensation and/or land pooling benefits to the
petitioner land situated at Kavulavada Gramapanchyat, Bhogapurama
Mandal, Vizianagaram District Kavulavada Revenue area Jeerayati Mettu in
Patta No. 11 Sy.No.5-3 an extent of 2.02 cents, or 0.808 hectares, acquired
for the Bhogapuram International Greenfield Airport, on par with similarly
situated land owners under the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement
(RFCTLARR) Act, 2013 (b) Directing Respondents to consider the
representations made by the petitioner dated 27.05.2019, 10.06.2019 and
take a decision within a time- bound manner, (c) by allowing the writ petition.
lA NO: 1 OF 2025
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
directed the Respondents payment of compensation of the petitioner on par
with similarly situated land owners under the Right to Fair Compensation and
Transparency in Land Acquisition Rehabilitation and Resettlement
(RFCTLARR) Act, 2013, pending disposal of the writ petition.
Counsel for the Petitioner: SRI KINTALI DHARMA RAO
Counsel for the Respondent Nos.1,2 & 4: GP FOR REVENUE
Counsel for the Respondent No.3: GP FOR LAND ACUISITION
The Court made the following order:
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APHC010395412025
IN THE HIGH COURT OF ANDHRA PRADESH
QMS AT AMARAVATI [3330]
(Special Original Jurisdiction)
TUESDAY, THE NINETEENTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No.20456 of 2025
Between;
1 SMT SARIPALLI ARUNA KUMARI,, W/0 POTHU RAJU, AGED
ABOUT 59 YEARS, OCC HOUSEWIFE, RESIDING AT
D.NO.51-9-17/3, NAKKAVANIPALEM, VISAKHAPATNAM,
VISAKHAPATNAM DISTRICT,AP.530013.
...PETITIONER
AND
1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS
PRINCIPAL REVENUE DEPARTMENT
SECRETARY, A.P.
SECRETARIAT AT VELAGAPUDI AMARAVATHI, GUNTUR
DISTRICT.
2.THE DISTRICTCOLLECTOR, VIZI AN AG ARAM,
VIZIANAGARAM DISTRICT.
3 THE SPECIAL DEPUTY COLLECTOR, (LAND ACQUISITION)
BHOGAPURAM GREENFIELD AIRPORT, PROJECT,
VIZIANAGARAM DISTRICT.
4 the revenue divisional OFFICER, VIZIANAGARAM
DISTRICT.
...RESPONDENT(S);
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 or order or direction, more
particularly one in the nature of writ of Mandamus or any writ by
granting the following reliefs (a) Declare the action of the Respondents
in utilizing the petitioners land for public purpose without compensation
as arbitrary, illegal and violative of Article 300A of the Constitution of
India consequently, directing the Respondents to compensation and/or
land pooling benefits to the petitioner land situated at Kavulavada
9
Gramapanchyat. Bhogapurama Mandal, Vizianagaram District
Kavulavada Revenue area Jeerayati Mettu in Patta No. 11 Sy.Nd.5-3
an extent of 2.02 cents, or 0.808 hectares acquired for the
Bhogapuram International Greenfield Airport, on par with similarly
situated land owners under the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement
(RFCTLARR) Act, 2013 (b) Directing Respondents to consider the
representations made by the petitioner dated 27.05.2019, 10.06.2019
and take a decision within a time- bound manner, (c) by allowing the
writ petition and pass such
Counsel for the Petitioner:
1.KINTALI DHARMA RAO
Counsel for the Respondent(S):
1.GPFOR REVENUE
The Court made the following;
3
'*0
ORDER:
The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief;
"...to issue an appropriate writ or order or direction, more particularly one in the nature of writ of Mandamus or any writ by granting the following reliefs: (a) Declare the action of the Respondents in utilizing the petitioner's land for public purpose without compensation as arbitrary, illegal and violative of Article 300A of the Constitution of India consequently, directing the Respondents to pay the compensation and/or land pooling benefits to the petitioner land situated at Kavulavada Gramapanchyat, Bhogapurama Mandal, Vizianagaram District Kavulavada Revenue area Jeerayati Mettu in Patta No. 11 Sy.No.5-3 an extent of 2.02 cents, or 0.808 hectares, acquired for the Bhogapuram International Greenfield Airport, on par with similarly situated land owners under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013 (b) Directing the Respondents to consider the representations made by the petitioner dated 27.05.2019, 10.06.2019 and take a decision within a time-bound manner, (c) by allowing the writ petition and pass such other order(s) or relief(s) that this Hon'ble Court may deem just and proper in the interest of justice "
2. It is the specific case of the petitioner that she was in possession of the property and she was compelled to part with possession of the land in good faith on the understanding, both orally and through local administration assurances and that she would be provided compensation or land-pooling benefits on par with similarly situated landowners under the Bhogapuram Project. The petitioner has submitted multiple representations to the District Collector and the Revenue Divisional Officer on the following dates, 27.05.2019, 10.06.2019 and 26.04.2020, requesting redress and for payment of 4 compensation. Despite the same no response or action has been taken.
3. The State Counsel has furnished proceedings dated 31.07.2025, addressed by the Competent Authority (L A.), I.G.F.A., Bhogapuram to the Government Pleader for Land Acquisition, High Court of Andhra Pradesh. As seen from the said proceedings, it transpires that the petitioner is not entitled for payment of compensation/ex-gratia , as the subject land is resumed under POT Act, 1977.
4. Learned counsel for the petitioner would submit that even under the Land Pooling Scheme even a person who is occupier includes a tenant, a owner in occupation or otherwise using his land , a rent free tenant of any land, a licensee in occupation of any land, and any person who is liable to pay to the owner the charges for the use and occupation of any land is entitled for compensation. He would further submit that a a representation was made and the same was not considered. Hence, sought a direction to the respondents to consider and dispose of the representation dated 26.04.2020.
5. At this juncture, learned State Counsel has submitted that the petitioner may be submitted a fresh representation to the concerned authority addressing all her grievances and the same will be considered in accordance with law.
6. Acceding to the above request, the present Writ Petition is disposed of, directing the petitioner to make a fresh representation to the concerned authorities, addressing all the grievances, within a period of two weeks from the date of receipt of a copy of this order and, on receipt of such representation from the writ petitioner, the concerned 5 authorities are directed to examine the same and pass appropriate orders thereon in accordance with law and communicate the same no order as within a period of eight (8) weeks therefrom. There shall be to costs.
As a sequel thereto Interlocutory Applications pending, if any, shall stand closed.
Sd/- N. NAGAMMA
ASSISTANT R
//TRUE COPY//
SECTION OFFICER
To,
'1. The Principal Secretary, Revenue Department, State of Andhra
Pradesh, A.P. Secretariat at Velagapudi, Amaravathi, Guntur District.
2. The District Collector, Vizianagaram, Vizianagaram District.
3. The Special Deputy Collector, (Land Acquisition), Bhogapuram Greenfield Airport, Project, Vizianagaram District.
4. The Revenue Divisional Officer, Vizianagaram District.
5. One CC to Sri Kintali Dharma Rao, Advocate [OPUC]
6. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT]
7. Two CC's to GP for Land Acquisition, High Court of Andhra Pradesh[OPUC]
8. Two CD Copies.
ssb HIGH COURT DATED:19/08/2025 anoS^ ORDER 5 0 2 SEP W5 WP No. 20456 OF 2025 % to ^ , Current Section * ^ DISPOSING OF THE W.P. WITHOUT COSTS