APHC010117862022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY,THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 7015/2022 Between: 1. CHEEKATI SWAPNA, W/O KOTAIAH AGED ABOUT 40YEARS, 2. MEDIKONDA RAVI TEJA, S/O BABAIAH AGED ABOUT 43YEARS, 3. MEDIKONDA PRAKASAM, S/O CHINA KRISHNAIAH AGED ABOUT 45YEARS, 4. SHAIK MEERA SAHEB, S/O HAZRATH SAHEB AGED ABOUT 42YEARS, 5. SHAIK BEEBAMMA, W/O MEERASAHEB AGED ABOUT 38YEARS, 6. SHAIK MEERAMBE, W/O NOT KNOWN AGED ABOUT 37YEARS, 7. AMBATI ANKAMMA, W/O VENKATESWARLU AGED ABOUT 48YEARS, 8. MEDIKONDA SUBBAMMA, W/O RADHAIAH NAIDU AGED ABOUT 53YEARS, 9. MEDIKONDA CHENCHAMMA, W/O LATEB CHALAMA NAIDU AGED ABOUT 52YEARS, 10. MEDIKONDA SARADAMMA, W/O KRISHNAIAH AGED ABOUT 44YEARS, 11. MEDIKONDA KRISHNAIAH, W/O ANAIAH AGED ABOUT 40YEARS, 12. GUDIPATI PRAMEELA, D/O KRISHNAIAH NAIDU AGED ABOUT 42YEARS, 13. MEDIKONDA ANKAIAH, S/O KRISHNAIAH AGED ABOUT 56YEARS, 14. MANNEM SARADAMMA, W/O KRISHNAIAH AGED ABOUT 52YEARS, 2 15. MANNEM NARAYANAMMA, W/O PENCHALAIAH AGED ABOUT 46YEARS, 16. MANNEM PENCHALAIAH, S/O SUNDARAIAH AGED ABOUT 43YEARS, 17. MANNEM PENCHALAIAH, S/O SUNDARAIAH AGED ABOUT 54YEARS, 18. MANNEM SUBRAHMANYAM, S/O PENCHALAIH AGED ABOUT 52YEARS, 19. MANNEM KOTESWARA RAO, S/O PENCHALAIAH AGED ABOUT 42YEARS, 20. MANNEM SANKARAIAH, S/OPENCHALAIAH AGED ABOUT 40 YEARS, 21. MANNEM SUBBAMMA, W/O PENCHALAIAH AGED ABOUT 48YEARS, 22. DEVELLA NAGABUSHANAM, S/O PENCHALAIAH AGED ABOUT 45YEARS, 23. D.ANUSHA, DEVALLA AMBAIAH AGED ABOUT 40 YEARS, 24. MANYAM CHALAMA NAIDU, S/O ESWARAIAH AGED ABOUT 49YEARS, 25. GADAMSETTY NARASIMHULU, W/O CHINNA RAMAIAH AGED ABOUT 52YEARS, 26. GADAMSTT PADMAMMA, W/O RATHNAIAH AGED ABOUT 44YEARS, 27. MEDIKONDA VENUGOPALA NAIDU, S/O ANKAMMA NAIDU AGED ABOUT 51 YEARS, 28. MADDINENI ANNASUYAMMA, W/O RAMAIAH AGED ABOUT 49YEARS, 29. CHAVA LAKSHMAMMA, W/O VENUGOPAL AGED ABOUT 4OYEARS, 30. MALLAVARAPU ANKAMMA, W/O NARAYANA AGED ABOUT 46YEARS, 31. MALLAVARAPU UMAMAHESWARI, W/O VENKATESWARLU AGED ABOUT 54YEARS, 32. MALLAVARAPU UMAMAHESWARI, W/O VENKATESWARLU AGED 3 ABOUT 49YEARS, 33. CHAVA ANKAIAH, S/O RAMAIAH AGED ABOUT 41 YEARS, 34. CHAVA PENCHALAIAH, S/O BHADRAIAH AGED ABOUT 40YEARS, 35. CHAVA LAKSHMAIAH, S/O RAMANAIAH AGED ABOUT 48YEARS, 36. SUNKU CHINNA LAKSHMAMMA, W/O VENKATARATNAM AGED ABOUT 52YEARS, 37. SUREPALLI CHANDRA MOULI, S/O CHINNAIAH AGED ABOUT 58YEARS, 38. SUNKU MURALI KRISHNA, S/O RAMACHANDRAIAH AGED ABOUT 40YEARS, 39. MANIKALA NARASIMHULU, S/O.PENCHALAIAH AGED ABOUT 46YEARS 40. KUCHUPUTI RAMANAMMA, W/O KRISHNAIAH AGED ABOUT 42YEARS, 41. MANNEM KRISHNAIAH, S/O PEDA PULLAIAH AGED ABOUT 40YEARS, 42. MALLAVARAPU SRI LATHA, W/O SRINIVASULU AGED ABOUT 44YEARS, 43. PERUMALLA PAVANI, S/O RAMANAIAH AGED ABOUT 46YEARS, 44. SUNKU JANARDHAN, S/O MALLAIAH AGED ABOUT 42YEARS, ALL ARE. RESIDENTS OF PERAMKONDA VILLAGE, KALUVOYA MANDAL,SPSR NELLORE DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, THE STATE OF ANDHRA PRADESH,REP BY ITS PRINCIPLE SECRETARY, WATER RESOURCES DEPARTMENT(L.A),VELAGAPUDI, SECRETARIAT BUILDINGS,AMARAVATI. 2. THE DISTRICT COLLECTOR, NELLORE,SPSR NELLORE DISTRICT. 3. THE CHIEF ENGINEER, TELUGU GANGA PROJECT, TIRUPATI, CHITTOOR DISTRICT. 4. THE SPECIAL COLLECTORL A, TELUGU GANGA PROJECT, NELLORE, SPSR NELLORE DISTRICT 4 5. THE SPECIAL DEPUTY COLLECTORL A, TELUGU GANGA PROJECT, RAPURU UNIT AT NELLORE, NELLORE, SPSR NELLORE 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 toto issue a writ, order or direction more particularly one in the nature of mandamus declaring the action of the respondents in not paying the compensation with respect to 37 structures situated in Harijanawada, Arundati Wada and Peramkonda Main Village, Kaluvayi Mandal, SPSR Nellore District to the petitioners as illegal, arbitrary and violation of article 14, 21 and 300-A of the Constitution of India and contrary to the provisions of the Right to fair compensation Transparency Rehabilation and Resettlement Act 30 of 2013 and consequently direct the respondents to pay the compensation to the petitioner and pass IA NO: 1 OF 2022 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 direct the 1st respondent to consider the letters vide LR No. CE/MTR- TGP/TPP/TS/T2/LA dated 28.07.2021 by the 3rd respondent and letter vide RC. D3/26/2021 dated.11.08.2021 recommended by the 4th respondent for payment of compensation with respect to 37 structures situated in Harijanawada and Arundati Wada of Peramkonda Main Village, Kaluvayi Mandal, SPSR Nellore District to the petitioners pending disposal of the main writ petition and pass Counsel for the Petitioner(S): 1. VENKATA RAMANA RAO BATCHU Counsel for the Respondent(S): 1. GP FOR LAND ACQUISITION 2. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 5 ORDER:- Heard Sri Venkata Ramana Rao Batchu, learned counsel for the petitioners, learned Government Pleader for Land Acquisition and learned Government Pleader for Irrigation and Command Area Development. 2. The grievance of the petitioners is against the action of the respondents in not paying compensation for 37 buildings that were sub-merged in Kandaleru Reservoir under Telugu Ganga Project, Rapur at Nellore situated in Harijanawada, and Arundati Wada of Peramkonda Main Village, Kaluvayi Mandal, SPSR Nellore District. 3. The respondents filed counter affidavit stating that a detailed report was submitted to the Government through the Special Collector, Telugu Ganga Project vide proceedings dated 09.08.2021, for taking further action in the matter. It is further stated in the said counter that in respect of 420 structures out of 478 structures, award has already been passed, balance 58 structures were not included in the said award, as 37 structures were identified as roof collapsed houses and 21 structures are cattle sheds. 4. In that regard, from the counter affidavit, it appears an enquiry was conducted and a report was submitted to the 1st respondent for passing appropriate orders. It is stated that as soon as the instructions are received from the Government, appropriate orders would be passed for payment of compensation to the said 37 structures/buildings. The same thing has been reiterated in the written instructions of the Special Deputy Collector, Telugu 6 Ganga Project, to the learned Government Pleader, without further update on the issue. 5. In view of the same, this Court vide proceedings dated 16.03.2026, directed the 1st and 4th respondents to file a report by the next date of hearing with regard to the further course of action that has been taken up, pursuant to the report submitted by the Special Collector, Telugu Ganga Project, Nellore vide proceedings dated 12.08.2021 in Rc.D3/26/2021. 6. Pursuant to the directions of this Court dated 16.03.2026, learned Assistant Government Pleader for Land Acquisition has placed before the Court a copy of the instructions and a copy of the Memo dated 31.03.2026 issued by the 1st respondent, received by him in the case. A perusal of the same would reflect that the Government directed the Land Acquisition Officer to take the necessary action to pay the compensation to the left over 37 structures in the Kandaleru reservoir in terms of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013, based on the requisition submitted by the Superintending Engineer, SSLC & SB Circle, Nellore. 7. Having regard to the said submissions made on behalf of the respondents, this Court deems it appropriate to dispose of the writ petition directing the respondents to pay compensation to the said 37 structures as expeditiously as possible, not later than five (5) months from the date of the receipt of the order. 7 8. With the above direction, the writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Dated: 17.04.2026 ANI 8 167 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO:7015 of 2022 Dated: 17.04.2026 ANI