Nadiveedhi Bujjamma, v. The State of Andhra Pradesh,
WA/246/2020 · 2025-01-27
Maheswara Rao Kuncheam, R Raghunandan Rao
body2025
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[ 2025 DAILYLAW 14676 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14676 (AP) · dailylaw.ai ]
Judgment text
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R.RAGHUNANDAN RAO AND THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT APPEAL NO: 246 OF 2020 Writ Appeal under Clause 15 of the Letters Patent preferred against the Order dated.07-07-2020 passed in I.A.No.2 of 2020 in W.P.No.11024 of 2020 on the file of the High Court. Between:
1. Nadiveedhi Bujjamma, W/o. Ramanaiah, aged 69 years, R/o. Chandramouli Nagar Girijana Colony, Padugupadu Panchayat, Kovvur Mandal, SPSR Nellore District. 2. Potiuri Venkata Ramanamma, W/o Hah, aged 35 years, R/o. Chandramouli Nagar Girijana Colony, Padugupadu Panchayat, Kovvur Mandal, SPSR Nellore District. 3. Mopur Bujjamma, W/o. Subbaiah, aged 84 years, R/o. Chandramouli Nagar Girijana Colony, Padugupadu Panchayat, Kovvur Mandal, SPSR Nellore District. 4. Kalluru Snajeevaiah, S/o. Polaiah, aged 79 years, R/o. Chandramouli Nagar Girijana Colony, Padugupadu Panchayat, Kovvur Mandal, SPSR Nellore District. 5. Kalluru Sarojanamma, W/o. Subbaiah, aged 69 years, R/o. Chandramouli Nagar Girijana Colony, Padugupadu Panchayat, Kovvur Mandal, SPSR Nellore District. 6. India Adiseshaiah, S/o. Masthanaiah, aged about 44 years, R/o. Chandramouli Nagar, Girijana Colony, Padugupadu Panchayat, Kovvur Mandal, SPSR Nellore District. 7. Talapala Ravanamma, W/o. Venkaiah, aged 59 years, R/o. Chandramouli Nagar Girijana Colony, Padugupadu Panchayat, Kovvur Mandal, SPSR Nellore District. 8. Potiuru Chenchanuna, W/o. Subbaiah, aged 64 years, R/o. Chandramouli Nagar Girijana Colony, Padugupadu Panchayat, Kovvur Mandal, SPSR Nellore District. 9. Eluru Subbamma, W/o. Lakshmaiah, aged 54 years, R/o. Chandramouli Nagar Girijana Colony, Padugupadu Panchayat, Kovvur Mandal SPSR .Nellore District, yatagiri Narayana, S/o. Yatagiru Audi Seshaiah, aged 35 years, R/o. Chandramouli Nagar Girijana Colony, Padugupadu Panchayat Kovvur Mandal, SPSR Nellore District. India Narasimha, S/o. Polaiah, aged 54 years, R/o. Chandramouli Nagar Girijana Colony, Padugupadu Panchayat, Kovvur Mandal, SPSR Nellore District. Thalapala Ramanaiah, S/o. Polaiah, aged 55 years, R/o. Chandramouli Nagar Girijana Colony, Padugupadu Panchayat, Kovvur Mandal, SPSR Nellore District. Chembeti Chenchamma, W/o. Chenchaiah, aged about 34 years, R/o. Chandramouli Nagar, Girijana Colony, Padugupadu Panchayat Kovvur Mandal, SPSR Nellore District. Tiriveedhi Bujjaiah, S/o Venkaiah, aged about 54 years, R/o. Chandramouli Nagar, Girijana Colony, Padugupadu Panchayat, Kovvur Mandal, SPSR Nellore District. Potiuru Rosamma, W/o. Ramanaiah, aged about 79 years, R/o. Chandramouli Nagar Girijana Colony, Padugupadu Panchayat, Kovvur Mandal, SPSR Nellore District. Potiuru Sanjeevaiah, S/o. Venkata Subbaiah, aged about 70 years, R/o. Chandramouli Nagar Girijana Colony, Padugupadu Panchayat, Kovvur Mandal, SPSR Nellore District. 10. r
11. 12. 13.
14. 15. 16. 17. Potiuri Ramanaiah, S/o.Polaiah, aged about 50 years, R/o. Chandramouli Nagar Girijana Colony, Padugupadu Panchayat, kovvur Mandal, SPSR Nellore District. 18. Kaki Venkaiah, S/o. Chenchu Ramaiah, aged 49 years, R/o Chandramouli Nagar Girijana Colony, Padugupadu Panchayat, kovvur Mandal, SPSR Nellore District. ...Appellants AND
1. The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat Building, Velagapudi Village, Tullur Mandal Guntur District. 2. The District Collector, S.P.S.R.Nellore District, Nellore. 3. The Revenue Divisional Officer, Nellore Division, SPSR Nellore District. 4. The Tahsildar, Nellore Mandal, SPSR Nellore District. T"' * %
5. D.Hussain, S/o. Not Known Presently working as Revenue Divisional Officer, Nellore, S.P.S.R Nellore District. 6. The Deputy Registrar, Co-operative Societies, Nellore, S.P.S.R.Nellore District. 7. The Co-operative Joint Farming Society, Nellore Bit 2, Rep by its Chairman ,The Revenue Divisional Officer, Nellore Division, SPSR Nellore District. CBespondent No.7 was impleaded as per c.o. dt.27.01.2025 vide I.A.No.4/2020 in W.A.No.246/2020^ f ...Respondents lA NO: 1 OF 2020 Petition under Section 15T 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 respondents not to disburse the compensation/exgratia to anybody in respect of the lands situated in sy.Nos.2207-8, 2207-10, 2207-49, 2206-2, 2207-39, 2207-37, 2207-16, 2207-13, 2207-46, 2207-12, 2207-26, 2207-18, 2207-23, 2207-30, 2207-27, 2207-14, 2207-25 and 2207- 40 respectively total admeasuring Ac. 15.03 cents of Nellore Bit-2 till the lands are acquired and referred to the competent Authority under Section 77 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement act 2013. ^ lA NO: 2 OF 2020 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 respondents not to dispossess the petitioners from their lands situated in Sy.Nos. 2207-8, 2207-10, 2207-49, 2206-2, 2207-39, 2207-37, 2207-16, 2207-13, 2207-46, 2207-12, 2207-26, 2207-18, 2207-23, 2207-30, 2207-27, 2207-14, 2207-25 and 2207-40 respectively total admeasuring Ac.
15.03 cents, of Nellore Bit-2, till the lands are acquired and referred to the competent Authority under Section 77 of the Right to Fair
^ Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, pending disposal of the above writ petition. Ir Counsel for the Appellants: SRI PRABHU NATH VASIREDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following order:
T 1 £*8 APHC010183342020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 050 [3508] 0i^ r MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT APPEAL NO: 246/2020 Between: Nadiveedhi Bujjamma, and Others ...APPELLANT(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Appellant(S):
1.PRABHU NATH VASIREDDY Counsel for the Respondent{S):
1.GP FOR REVENUE The Court made the following: (perHon’ble Sri Justice R. Raghunandan Rao)
ORDER: The appellants herein, claim to be either members of the Co-operative Joint Farming Society or that their relatives, from whom they have inherited rights, were members of the said Society, which was in possession of land to an extent of Ac. 15.03 cents in various subdivisions of Sy. No. 2207 of Nellore Bit-2.
2 The Government, on the report of the District Collector
2. Nellore, had issued G.O.Ms.No.288, dated 01.06.2018, for the purpose of winding up the CJF Society for subsequent allotment of land to the members of such society, under the provisions of Board Standing Order 15. The assignment was to be done in accordance with the land in possession of such members. Pursuant to this GO, necessary proceedings are said to have
3. been initiated for winding up the said society and the said society was in fact wound up. At that stage, the respondent authorities have initiated steps to take over the said land for the purpose of allotment of house sites to houseless poor persons. Initially, notices were issued to the petitioners, calling upon them to hand over the land that is said to be in their possession. Aggrieved by such action, the petitioners have approached this Court by way of W.P.No.9775 of
2020. This Court, at the stage of admission,
disposed the writ
4. petition, leaving it open to the petitioners to approach the respondent authorities with their objections to the notices issued by the respondent authorities. Subsequently, the petitioners have filed their objections. However, the said objections came to be dismissed, by a separate letter dated 19.06.2020, by the Revenue Divisional Officer, Nellore. The order of rejection, came to be passed, on the ground
leased out to the society, which that the land in question had been and subsequently, none of the petitioners have any compensation payable has been wound up right to claim the said land nor was any additional issue that appears by the respondent authorities, of to the said persons. Apart from this, an to have arisen is the recognition third parties, being in possession of the subject land. for rejection, of their
5. Aggrieved by the reasons given objections, and being aggrieved by the recognition of the third parties as the persons in possession, the petitioner approached this court by way of W.P.No.11024 of 2020. The petitioner had also filed the respondent authorities from l.A.No.1 of 2024, restraining disbursing any compensation, that may the subject lands. A learned Single Judge 07.07.2020, in I.A.No.1 of 2024, after four weeks with a further compensation in respect of the subject land would be subject to the outcome of the writ petition. Aggrieved by the said
order, the appellants have moved this appeal. Assistant Government Pleader, appearing respondents, would submit that no compensation has been arise out of the takeover of of this Court by
order dated had directed the listing of the I.A direction that any disbursement of
6. for the
7. The
4 disbursed to any persons in view of the interim order, which is under appeal.
8. Recording the said submissions, this Writ Appeal is disposed of with a direction to the respondents not to disburse any compensation to any party, pending disposal of W.P.No.11024 of
2020. There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed.
Sd/- Wl.RAMESH BABU deputy registrar //TRUE COPY// SECTION OFFICER Guntur District. To, S.P.S.R.Nellore District, Nellore. Divisional Officer, Nellore Division
2. The District Collector SPSR Nellore District.
3. The Revenue
4. The Tahsildar. Nellore Mandal, SPSR Nellore District. in S/o. Not Known Presently working as Revenue Divisional Nellore, S.P.S.R Nellore District.
5. D.Hussain Officer, L
6. The Deputy Registrar, Co-operative District. Societies, Nellore, S.P.S.R.Nellore Joint Farming Society, Nellore ^.Rep by 'ts Divisional Officer, Nellore Division, SPSKr^
7. The Co-operative Chairman ,The Revenue Nellore District.
8. One CC to Sri Prabhu Nath Vasireddy, Advocate [OPUC] -- High Court of Andhra Pradesh. [OUTf
9. Two CCs to GP for Revenue Two CD Copies
10. RAM
HIGH COURT DATED:27/01/2025
ORDER WA.No.246 of 2020 ^FANDW^^ 21 MAR 2025 . | Current Seetion DISPOSING OF THE WRIT APPEAL admission WITHOUT COSTS ’