IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) 7/1 ■y 7: THURSDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE /O Vi o !V\V1\ & yi ^ -<V \ v.o. 4- PRESENT 2,-- :>■ THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 10336 OF 2022 Between: 1. E.Venku Reddy, S/o Venkata Reddy, aged about 85 years, Occ: Agriculture, R/o Gudlurivaripalem Village, Venkatachalam Mandal, SPSR Nellore District 2. T.Chalapathi Rao, S/o.B.Subbaraya Sharrra, aged about 80 years, Occ: Agriculture, R/o Muthukuru Village and Kendal, SPSR Nellore District. 3. B.Radhakrishna Reddy, S/o Mastan Reddy, aged about 70 years, Occ; Agriculture, R/o Pantapalem Village, Muthukuru Mandal, SPSR Nellore District. 4. Kolia Srilakshmi, W/o Ramaiah, aged about 60 years Occ: Housewife, R/o Pantapalem Village, Muthukuru Mandal, SPSR Nellore District. 5. B.Madhusudhan Reddy, S/o Subba Reddy, aged about 70 years, Occ: Agriculture, R/o Paitapalem Village, Muthukuru Mandal, SPSR Nellore Dstrict. 6. P.Subbaiah, S/o Narsaiah, aged about 55 years Occ: Agriculture, R/o. Gudlurupalem Village Venkatachalam Mandal, SPSR Nellore District. 7. B.Parandama Reddy, S/o Mastan Reddy, aged about 72 years, Occ: Agriculture, Pantapalem Muthukuru Mandal, SPSR Nellore District. 8. Y.Padmanabna Reddy, S/o Ramana Redcy, aged About 74 years, Occ; Agriculture, R/o Pcthunaidu Dibba Village, Muthukuru Mandal, SPSR Nellore District. ...PETITIONERS AND % 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Finance and Planning Department, Secretariat, Amaravathi, Guntur District. 2. The District Collector, Nellore, SPSR Nellore District, 3. The Acquisition Officer-cum-Revenue Divisional Officer, Nellore SPSR Nellore 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, Order or Direction, particularly one in the nature of WRIT OF MANDAMUS, declaring the inaction of the respondent authorities in taking steps to disburse the compensation amount to the petitioners herein in lieu of the acquisition of the lands belonging to the petitioners, pursuant to the Award No. 07/2018 dt. 17-12-2018 inspite of the written representation dt. 10-12-2021 followed by legal notice dt. 7-3-2022 and personal visits, as being illegal, arbitrary, unjust and unconstituional, and to grant such other relief or reliefs. lA 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 pass orders directing the respondent authorities to forthwith disburse the compensation amount to the petitioners herein pursuant to the Award No. 07/2018 dt:17-12-2018, pending disposal of the main Writ Petition, in the interest of justice. lA NO: 1 OF 2024 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 to grant leave to the petitioner herein/respondent WP.No. 10336/2024 to file counter affidavit in the above Writ Petition. more no.3 in the Counsel for the Petitioner: SRI G.VENKATESWARLU Counsel for the Respondent No.1: GP FOR FINANCE & PLANNING Counsel for the Respondent Nos. 2 & 3: SRI J.KRISHNA PRANEETH ASST.GP FOR LAND ACQUISITION The Court made the following: ORDER ✓ APHC010179342022 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) [3332] THURSDAY ,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 10336/2022 Between: ...PETITIONER(S) E.venku Reddy and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.G VENKATESWARLU Counsel for the Respondent(S): 1.GP FOR FINANCE PLANNING 2.GP FOR LAND ACQUISITION The Court made the following ORDER:- Non-payment of compensation is the grievance of the petitioners in the present writ petition. Heard Sri G.Venkateswarlu, learned counsel for Petitioners and Sri 2. J.Krishna Praneeth, learned Assistant Government Pleader for Revenue. Learned counsel for the petitioners in elaboration to what has been stated 3. in the writ affidavit submitted that, as the authorities have not paid the compensation amount to the petitioners in lieu of acquisition of lands belonging to them, the present writ petition is filed. Pursuant to the filing of the 2 writ petition, the authorities have paid compensation. However, they did not pay interest by virtue of Section 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. In those circumstances, a representation dated 09.09.2023 was made to the authorities to pay interest as well, as they did not pay the compensation in time. The said representation is placed on record. He further submitted that, now the petitioners are restricting their relief and thereby sought a direction to the respondents to dispose of the petitioners’ representation dated 09.09.2023 in accordance with law. To the said submission, learned Assistant Government Pleader submitted that, the authorities would consider the said representation and pass orders on the same in accordance with law and prayed to dispose of the writ petition. 4. 5. Perused the record and considered the submissions made by the learned counsel appearing on both sides. It is not in dispute that, petitioners lands have been acquired by the respondents and passed an Award vide Award No.07/2018, dated 17.12.2018. As the authorities have not paid compensation amount pursuant to the said Award, the petitioners have filed the present writ petition. 6. 7. Pursuant to the filing of the writ petition, learned counsel for the petitioners submitted that compensation has been paid to the petitioners, but interest has not been paid for the delayed period. By virtue of Section 80 of V t. 3 Act, 2013, the petitioners are entitled for interest as well. In this regard Section 80 reads as follows;- “80. Payment of interest:- When the amount of such compensation is not paid or deposited on or before taking possession of the land, the Collector shall pay the amount awarded with interest thereon at the rate of nine percent per annum from the time of so taking possession until it shall have been so paid or deposited: Provided that, if such compensation or any part thereof is not paid or deposited within a period of one year from the date on which possession is taken, interest at the rate of fifteen per cent, per annum shall be payable from the date or expiry of the said period of one year on the amount of compensation or part thereof which has not been paid or deposited before the date of such expiry.” It appears that, the petitioners have made a representation dated 09.09.2023 for payment of interest which is placed on record. As the relief sought by the petitioners is innocuous and the authorities have an intention to pass orders on the same, there is no purpose in keeping the writ petition pending. As such, this Court is inclined to dispose of the writ petition with the following direction;- 8. “The respondent authorities concerned shall consider and dispose of the petitioners’ representation dated 09.09.2023 in accordance with law by duly taking into consideration of Section 80 of the Act, 2013 as expeditiously possible within a period of twelve (12) weeks from the date of receipt of copy of this order.” as Accordingly, the Writ Petition is disposed of. There shall be no order as ■ 9. to costs. 4 sequel, miscellaneous applications, pending if any, shall stand Sd/- K. TATA RAO DEPUTY registrar As a closed. //TRUE COPY// /?r ^ SECTION OFFICER 1. The Principal Secretary, Finance & Planning Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Nellore, SPSR Nellore District. 3. The Acquisition Officer-cum-Revenue Divisional Officer, Nellore SPSR Nellore District. 4. One CC to Sri G.Venkateswarlu, Advocate [OPUC] 5. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. [OUT] 6. Two CCs to GP for Land Acquisition, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. To gi HIGH COURT DATED:02/01/2025 ORDER WP.No.10336 of 2022 of 0 5 MAR 2025 X o " ^ ^ . Curreni Secuon ^gSPATCVj^g^ DISPOSING OF THE WRIT PETITION WITHOUT COSTS