::1:: APHC010158282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8371/2025 Between: Kalluri Kondaiah ...PETITIONER AND The State Of Andhra Pradesh ...RESPONDENT Counsel for the Petitioner: 1. K KOUTILYA Counsel for the Respondent: 1. ::2:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8371/2025 This Court made the following ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: “…to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings of the 5th respondent vide Ref .No.C/120/2005, dated 22.01.2025, thereby rejecting the claim of the petitioners for paying amount as per Ex-gratia proposals dated 15.06.2017 for the petitioners structures/houses situated in Sy.Nos.1440 and 1443 of Rajupalem Village, Gopavaram Mandal, Kadapa District having acquired under the submersion of Somasila Project, as illegal, irregular, irrational and offends Articles 21 of the Constitution of India and consequently direct the respondents to pay the amount as per Sqm. according to the Ex-gratia proposals along with interest and damages @ 15% and pass” 2. Heard learned counsel for the Petitioners and learned Government Pleader for Land Acquisition. 3. Learned counsel for the Petitioners submits that the petitioners are the absolute owners, possessors and enjoyers of the structures/houses situated in Sy.Nos.1440 and 1443 of Rajupalem Village, Gopavaram Mandal, Kadapa District. While so, the subject structures/houses were submerged into the back water of Somasila ::3:: Project and these structures were also noticed at the time of Draft Declaration of the surrounding patta lands for which awards were passed and the compensation was also paid in the years 1984 and 1987. 4. While so, the petitioners submitted a representation to the respondents on 05.10.2024 with a request to grant 15% damages and further to pay the unpaid-exgratia for the Low midde structures according to the plinth area because while paying the ex-gratia in the year 2006 and 2017, the authorities only paid ex-gratia amount for one square meter for some of the petitioners and none for the rest of the petitioners and therefore not according to the calculated plinth area. 5. Further, the 5th respondent issued proceedings dated 22.01.2025, thereby rejecting the petitioners’ claim by stating that entire low midde area measurement is considered as one unit and furnished consolidated amount of Rs.9,283/- for each low midde as per SSR rates 2002-03 which was paid in the year 2016, which is contrary to their own record and also further stated that for payment of damages @ 15% is not possible as the petitioners’ case is different ::4:: from the judgment passed by this Honb’le Court in W.P.No.30776 of 2018 dated 23.02.2025 [Dasari Venkatanna and others vs. State of Andhra Pradesh and others1]. 6. Learned counsel for the petitioners further submits that respondents ought to have considered the claim of the petitioners for their structures which were submerged under the Somasila Project and pay the amount as per Sq.m according to Ex-gratia proposals. But the 5th respondent without taking into consideration of his own Ex-gratia proposals issued the impugned proceedings which is illegal, irregular and violative of Article 300-A of the Constitution of India. Hence the Writ Petition. 7. Having regard to the submissions made by both the learned counsel and on perusal of the material placed on record, this Court is of the considered opinion that the present writ petition can be disposed of by setting aside the proceedings of the 5th respondent vide Ref.No.C/120/2005, dated 22.01.2025 and consequently respondents herein are directed to take into consideration the ex- gratia proposals dated 15.06.2017 issued by the 5th respondent 1 W.P.No.30776 of 2018 ::5:: which was approved by the 4th respondent and pass appropriate orders within a period of four (4) months from the date of receipt of a copy of this order. 8. With the above directions, the writ petition is disposed of. No costs. Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J 01.04.2025 Krk ::6:: HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA 156 WRIT PETITION No: 8371 of 2025 01.04.2025 krk