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High Court of Andhra Pradesh · body
2025 DAILYLAW 14834 (AP)
MALA LAKSHMAMMA, ANANTAPUR DIST AND 30 OTHERS v. The State of Andhra Pradesh,
WP/30228/2017 · 2025-04-04
R Raghunandan Rao
body2025
[ 2025 DAILYLAW 14834 (AP) · dailylaw.ai ]
[ 2025 DAILYLAW 14834 (AP) · dailylaw.ai ]
Judgment text
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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE -- PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NOS: 30228. 30254 AND 31088 OF 2017 WRIT PETITION NO: 30228 OF 2017 Between: ^1. Mala Lakshmamma W/o Late Venkatararmadia @ Venkataramanappa, Aged about 70 years R/o Palasam-udram Village, Gorantla Mandal, Anantapuramu District. Kummara Gurumurthy S/o Late Haii-umappa Aged about 68 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Kummara Adinarayana S/o Late Hanumappa Aged about 40 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Yetappagari Chowdamma W/o Narasimhappa Aged about 69 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Garttannagari Nagaraju S/o Narayana Aged about 60 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Gantannagari Akkulappa S/o Narayana Aged about 56 years, R/o Palasamiadram Village, Gorantki Mandal, Anantai^uramu District. 3. 4. /
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7. Gantannagari Narasimhappa S/o Narayana Aged about 53 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 8. G. Subbarayudu S/o Narasimhappa Aged about 42 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. y'
9. Y. Babanna S/o Kadirappa Aged about 75 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. /
10. Lakshminarasamma W/o late Adeppa Aged about 73 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. B. Ramanjineyulu S/o Kondappa Aged about 49 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. M. Adimurthy S/o Late M. Gangappa Aged about 60 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Gitta Narasappa S/o G. Narasimhappa Aged about 52 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Gitta Sanjeevappa S/o G. Narasimhappa Aged about 49 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Gitta Gangappa S/o Narasimhappa Aged about 51 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 11. 12. 13. 14. 15. 16. Obulamma W/o Late Thippanna Aged about 53 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 17. Lakshminarayana S/o Narasimhappa Aged about 35 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Gangappa S/o Narasappa Aged about 60 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Y. Ganganna S/o Kadirappa Aged about 71 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 18. 19. 20. Y. Anjanamma W/o Ganganna Aged about 56 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 21. H. Sajjamma W/o Narasappa© Narasimappa Aged about 73 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District.
-3 — H. Chowdappa S/o Late Anjanappa Aged about 45 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 22. H. Lakshrninarasamma W/o Bavanna Aged about 51 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 23. Kadirarnma W/o Kadirappa Aged about 58 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 24. Ramalakshmamma W/o Narayanappa Aged about 45 years, R/o Kavetinagepalli Village, Somarldepalli Mandal, Anantapuramu District. 25. Bavakkagari Bavanna S/o Gangappa Aged about 65 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 26. 27. Kolamma D/o N. Venkataramanappa Aged about 28 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. N. Govindappa S/o Late Venkatappa Aged about 46 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Nadimpalli Chinnappa S/o Venkatappa Aged about 58 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 28. 29. P. Lakshmi W/o Late Sankarasasti-y Aged about 60 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Munimadugu Nagappa S/o Narasimhappa Aged about 80 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 30. 31. PETITIONERS AND The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Guntur District. 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Industries, Secretariat, Velagapudi, Guntur District. 2. 3. The District Collector, Anantapuramu District, Andhra Pradesh. The Revenue Divisional Officer, Penukonda Revenue Division, Anantapuramu District. 4. The Mandal Revenue Officer, Gorantla Mandal, Anantapuramu District. 5. 6. The Andhra Pradesh Industrial Infrastructure Corporation Rep by its Managing Director cum Vice Chairman, 59A-20/3/2A, I st Floor, Sri Siva Complex, Fun times Club Road, Teachers Colony, Vijayawada - 520008. M/s Bharath Electronics Limited Rep by its Chairman cum Managing Director Outer Ring Road, Nagavara, Banglore-560045. 7.
RESPONDENTS Petition under Article 226 of the Constitution of India praying that the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue in may a Writ, Order or Direction(s) essentially in the rature of Writ of Mandamus declaring the action of respondents No.3 awarding ex-gratia in terms of G.O.Ms No. 1307 dated 23. of lands in Survey No.33-1A-1, 33-1A-2 and 4 in 12.1993 in respect etc., to an extent of Ac.76.32 cents of Palasamudram Village, Gorantla Mandal, Anantapuram acquisition of 911f- lands while denying compensation under the appropriate provisions of the Land Acquisition Act in respect of above mentioned lands acquired for the benefit of respondent No.6 No. RC N0.GI/11622/2013, dated 13.12.2013 u District for and 7 under the proceedings as illegal, arbitrary, resulting of India and also ratio Court in a judgment reported in consequently direct the respondents No.1 and 3 to pay the compensation to the provisions of Right to Fair Compensation Acquisition Rehabilitation and Resettlement Act in violation of Article 14, 21 and 300-A of constitution laid down by larger bench of this Hon'ble 2004 (2) ALT -546 and pass award and petitioners under the and Transparency in Land . 2013. -5' I.A. N0:1 OF2017(WPMP. NO: 37669 OF 2017) 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 pieased to direct the respondents No. 1 and 3 to pass award under the provisions of Right to Fair Compensation and transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 in respect of iands in Survey No.33-1A-1, 33-1A-2 etc., to an extent of Ac.76.32 cents of Palasamudram Village, Gorantia Mandal, Anantapuramu District taken over under the proceedings No. RC No. G1/11622/2013, dated 13.12.2013.
lA NO: 1 OF 2023 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 Order may be substituted with facts of the above mentioned case basing on the affidavits of the petitioners and counter affidavits of respondent No.4. Counsel for the Petitioners: SRI KARNAM RAMESH Counsel for the Respondent Nos. 1,3 to 5: GP FOR LAND ACQUISITION Counsel for the Respondent No. 2: GP FOR INDUSTRIES COMMERCE Counsel for the Respondent No. 6: M/S A JAYANTHI Counsel for the Respondent No. 7: SRI AKHIL KRISHNAN
WRIT PETITION NO: 30254 OF 2017 Between:
1. Shake Liyaz S/o Rajeiksab Aged about 28 years, R/o Palasarlludram Village, Gorantla Mandal, Anantapuramu District. Jiyaulla S/o Alla Bakash Aged about 28 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Noorusab S/o Uniar Sab Aged about 62 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Inayathi.illa S/o Ummar Sab Aged about 54 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Mala Venkatappa S/o Gangappa Aged about 61 years, R/o Palasamudram Village, Goi'antla Mandal, Anantapuramu District. Lakshmamma W/o Late Mareppa Aged about 68 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. M. Sivappa S/o Chinna Narasimhappa Aged about 56 years, R/o Palasamudram Village, Gorantla Mandal, Anantapurama.i District. M. Narasappa S/o Chinna Narasimhappa Aged about 46 years, Fi/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Adiandhra vSivappa S/o H. Gangappa Aged about 59 years, R/o Palasamudram Village, Gorantla Mandal, Anantapm-amu District. Chowdamnia W/o Yetappagari Narasimhappa Aged aboxat 69 years. 2. 3. 4. 5. 6. 7. 8. 9. 10. -1 R/o Palasarnudram Village, Gorantla Mandal, Anantapuramu District. G Sallemma D/o Narayanappa Aged about 73 years, R/o Palasarnudram Village, Gorantla Mandal, Anantapuramu District. P. Narayanaswamy S/o Jettappa Aged about 63 years, R/o Palasarnudram Village, Gorantla Mandal, Anantapuramu District. 11. 12. A. Narashimappa S/o Gangappa Aged about 30 years, R/o Palasarnudram Village, Gorantla Mandal, Anantapuramu District. Ytappagari Kadiramma W/0 Kadirappa Aged about 68 years, R/o Palasamudrsim Village, Gorantla Mandal, Anantapuramu District. Yetappagari Gangappa S/o Bavanna Aged about 65 years, R/o Palasarnudram Village, Gorantla. Mandal, Anantapuramu District. Yetappagari Narasappa S/o Bavanna Aged about 63 years, R/o Palasarnudram Village, Gorantla Mandal, Anantapuramu District. Lingamma W/o Late Chinna Narasimhappa Aged about 54 years, R/o Palasarnudram Village, Gorantla Mandal, Anantapuramu District. Giddannagari Gangamma W/o Late Peddanna Aged about 70 years, R/o Palasarnudram Village, Gorantla Mandal, Anantapuramu District.
G. Pedda Narasimheippa S/o Bavanna Aged about 49 years, R/o Palasarnudram Village, Gorantla Mandal, Anantapuramu District. G. Chinna Narasimhappa S/o Bavanna Aged about 46 years, R/o Palasarnudram Village, Gorantla Mandal, Anantapuramu District. Akkulappagai Babanna S/o Akkulappa Aged about 68 years, R/o Palasarnudram Village, Gorantla Mandal, Anantapuramu District. Ramalakshmamma W/o Babanna Aged about 58 years. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Chinnamma W/ o Narasirnhappa Aged about 54 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 23. 24. G. Kristappa S/o Late Peddanna Aged about 54 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 25. G. Nagaraju S/o G. Narayanappa Aged about 48 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 26. H. Ghowdappa S/o Arijinappa Aged about 45 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 27. H. Narashimappa S/o Anjinappa Aged about 38 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 28. P. Padmavathamma W/o Sreeramulu Aged about 51 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 29. P. Kristhappa S/o Narayanappa Aged about 56 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 30. P. Verikatalakshamma W/o Ramappa Aged about 55 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 31. P. Chinnappa S/o Gangappa Aged about 65 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 32. B.C Rangamma W/o Chinna Narasirnhappa Aged about 60 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 33. Peerusab S/o C. Beeramsab Aged about 73 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 34. Sabjansab S/o Beeramsab Aged about 71 years. R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Nazumunbee W/o Sabjansab Aged about 56 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 35. Harijana Narayanappa S/o Chinna Babanna Aged about 54 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 36. 37. T. Maruthi S/o Kadirappa Aged about 35 years, R/o Palasamudram Village, Gorantla Mandal, AnantajDuramu District. 38.
T. Narasimhappa S/o Kadirappa Aged about 32 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. D. Gangarathanamma W/o Narashimappa Aged about 45 years, R/o Palasamudrami Village, Gorantla Mandal, Anantapuramu District. 39. Y. Babanna S/o Kadirappa Aged about 71 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 40. Y. Gangappa S/o Chinna Narshimappa Aged about 36 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 41. P. Chennappa S/o Late Lakshmanna Aged about 45 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 42. P. Narsimhulu S/o Late Lakshmanna Aged about 42 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 43. P. Madhanna S/o Late Lakshmanna Aged about 38 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 44. Y. Gangamma W/o Late Narayanappa Aged about 49 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 45. Utakuru Bavakka W/o Mallaiah Aged about 79 years. 46. R/o Palasamudrarn Village, Gorantla Mandal, Anantapuramu District. N. Kolamma D/o Venkataramanappa Aged about 22 years, R/o Palasamudrarn Village, Gorantla Mandal, Anantapuramu District. 47. N. Chinnappa S/o Venkatappa Aged about 60 years, R/o Palasamudrarn Village, Gorantla Mandal, Anantapuramu District. 48. 49. Rahamath Bee S/o Late Hussen Sab Aged about 63 years, R/o Palasamudrarn Village, Gorantla Mandal, Anantapuramu District. 50. Pedda Narasimhappa S/o Hanumanthappa Aged about 61 years, R/o Palasamudrarn Village, Gorantla Mandal, Anantapuramu District. 51. G. Gangappa S/o Hanumanthappa Aged about 58 years, R/o Palasamudrarn Village, Gorantla Mandal, Anantapuramu District. Gangarathnarnma W/o Lakshmanna Aged about 46 years, R/o Palasamudrarn Village, Gorantla Mandal, Anantapuramu District. 52. 53. Subbamma W/o Chinna Narasimhappa Aged about 61 years, R/o Palasamudrarn Village, Gorantla Mandal, Anantapuramu District. 54. Gangamma W/o Anjinappa Aged about 40 years, R/o Palasdmudram Village, Gorantla Mandal, Anantapuramu District. Lakshminarasamma W/o Thippanna Aged about 36 years, R/o Palasamudrarn Village, Gorantla Mandal, Anantapuramu District. 55. 56. C.B Lakshmanima W/o Narasappa Aged about 70 years, R/o Palasamudrarn Village, Gorantla Mandal, Anantapuramu District.
C.B Savanna S/o Pedda Narasirnhappa Aged about 61 years, R/o Palasamudrarn Village, Gorantla Mandal, Anantapuramu District. 57. 58. D. Dasanna S/o Narasimhappa Aged about 46 years. H)' R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. D. Eswarappa S/o Narasimhappa Aged about 55 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 59. D. Narasimhulu S/o Narasimhappa Aged about 49 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Doni Nagappa S/o Narasimhulu Aged about 75 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Boya Doni Narasanna S/o Narshimappa Aged about 70 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Utakuru Parvathamma W/o Gangappa Aged about 51 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 60. 6i;
62. 63. A. Mallamma W/o Narasappa Aged about 51 years, R/o Palasamudram Village, Gorantla Mandal, Anantapirramu District. 64. A. Narayanappa S/o Gangappa Aged about 66 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 65. A. Chowdappa S/o A Gangappa Aged about 60 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Sajjamma S/o Narasappa Aged about 76 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. K Gurrappa S/o Chinna Obulappa Aged about 80 years, R/o Kavetinagepalli Village, Soniandepalli Mandal, Anantapuramu District. 66. 67. 68. PETITIONERS AND The State of Andhra Pradesh, Rep by its Principal Secretary,
1. Reveniae Department, Secretariat, Velagapudi, Guntur District. 2. The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Industries, Secretariat, Velagapudi, Guntur District. 3. The District Collector, Anantapuramu District, Andhra Pradesh. The Revenue Divisional Officer, Penukonda Revenrae Division, Anantapuramu District. 4. 5. The Mandal Revenvie Officer, Gorantla Mandal, Anantapuramu District. 6. The Andhra Pradesh Industrial Infrastructure Corporation Rep by its Managing Director cum Vice Chairman, 59A-20/3/2A, I st Floor, Sri Siva Complex, Fun times Club Road, Teachers Colony, Vijayawada - 520008. 7. M/s Bharath Electronics Limited Rep b3'- its Chairman cum Managing Director Outer Ring Road, Nagavara, Banglore-560045.
National Academy of Customs, Excise and Narcotics Rep by its Director General, NACEN Comprlex, Sector-29, Faridabad-- 121008, State of PI aryan a.
8. 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 a Writ, Order or Direction(s) essentially in the nature of Writ of Mandamus declaring the action of respondents No.3 and 4 in awarding ex-gratia in terms of G.O.Ms No.1307 dated 23.12.1993 in respect of lands in Survey No.33-1B, 136-1A etc., to an extent of Ac.146.16 certs of Palasamudram Village Gorantla Mandal, Anantapuramu District for acquisition of our lands while denying compensation under the appropriate provisions of the Land Acquisition Act in respect of above mentioned lands acquired for the benefit of respondent No.6, 7 and 8 under the proceedings No.RC No.GI/12483/2013, dated 27.12.2013 as illegal, arbitrary, resulting in violation of Article 14, 21 and 300-A of constitution of India and also ratio laid down by larger bench of this Hon'ble Court in a judgment reported in 2004 (2) ALT -546 and consequently direct the respondents No.1 and 3 to pass award and pay the compensation to the petitioners under the provisions of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013. -f3- 1A._N0: 1 OF 2017(WPMP.
-f3- 1A._N0: 1 OF 2017(WPMP. NO: 37697 OF 2017) 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 No.1 and 3 to pass award under the provisions of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 in respect of lands in Survey No. 33-1B, 136-1A etc., to an extent of Ac.146.16 cents of Palasamudram Village, Goraintal Mandal, Anantapuramu District taken under the proceedings No. RC No.G1/12483/2013, dated 27.12.2013 over lA NO: 1 OF 2023 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 Order may be substituted with facts of the above mentioned ^ basing on the affidavits of the petitioners and counter affidavits respondent No.4. case of Counsel for the Petitioners: SRI. KARNAM RAMESH Counsel for the Respondent Nos. 1, 3 to 5: GP FOR REVENUE Counsel for the Respondent No. 2: GP FOR INDUSTRIES AND COMMERCE Counsel for the Respondent No. 6: M/S A JAYANTHI Counsel for the Respondent No. 7: SRI AKHIL KRISHNAN Counsel for the Respondents: SRI SUNDARI R PISUPATI{SR SC FOR CEC AND ST) Counsel for the Respondents: GP FOR LAND ACQUISATION
WRIT PETITION NO: 31088 OF 2017 Between: B.C Rangamma W/o Late Narasimhappa Aged about 60 Years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 1. Nagalakshrnamma W/o Late Anjappa Aged about 68 Years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 2. Lakshmidevamma W/o Late Narayanappa Aged about 56 Years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 3. Vahidha W/o Modinsabgari Musthafa Aged about 45 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 4. Jamila Bee D/o Modinsabgari Musthafa Aged about 26 years, R/o Palasarm-idram Village, Gorantla Mandal, Anantapuramu District. 5. B. Asmath Bee W/o Bhakthar Sab Aged about 61 Years, R/o Palasamudram Village, Goi'antla Mandal, Anantapuramu District. 6. 7. Baba Fakrudin S/o B. Habeeb Sab Aged about 25 Years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Thippanna 13/o Late Narasimhappa Aged about 25 Years, R/o Palasarriudra.m Village, Gorantla Mandal, Anantapuramu District. 8. Gangamma W/o Gangappa Aged about 72 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Chetla Subahan Sab S/o Fakruddinsab
9. 10. -IQ Aged about 50 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District.
C. Rameeja Bee W/o Khaleel Sab Aged about 56 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 11. Boya Thimmaiah S/o Lakshmanna Aged about 74 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Pullakkagari Narayanappa S/o Lakshamanna Aged about 61 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Pullakkagari Ramappa S/o Lakshamanna Aged about 59 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Pullakkagari Sankarappa S/o Lakshamanna Aged about 56 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Khader Sab S/o Late Nanne Bache Aged about 62 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Subhan Sab S/o Late Nanne Bache Aged about 47 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Rafi Sab S/o Late Nanne Bache Aged about 44 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Fakruddin S/o Late Nanne Bache Aged about 56 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Kummara Rangappa S/o Dasanna Aged about 75 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Rama Devi W/o Mallapalli Sriramulu Aged about 45 yesirs, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Mallapalli Kadireppa S/o Narasimhappa
12. 13. 14. 15. iv /
16. 17. 18. 19. 20. 21. 22. -IC'- Aged about 69 years, R/o Palasamudrarn Village, Gorantla Mandal, Anantapuramu District. Mallapalli Venkatararaanamma W/o Late Kristappa Aged about 49 years R/o Palasamudrarn Village, Gorantla Mandal, Anantapuramu District. 23. Chandramma W/o Narasaimhulu Aged about 76 years, R/o Palasamudrarn Village, Gorantla Mandal, Anantapuramu District. 24. Mala Anjanappa S/o Late Anjanappa Aged about 39 years, R/o Palasamudrarn Village, Gorantla Mandal, Anantapuramu District. 25. 26. M. Gangamma W/o Mala Aswathappa Aged about 35 years, R/o Palasamudrarn Village, Gorantla Mandal, Anantapuramu District. 27. Ramanjaneyulu S/o Anjanappa Aged about 33 years, R/o Palasamudrarn Village, Gorantla Mandal, Anantapuramu District. 28. H. Venkateshulu S/o H. Venkataramappa Aged about 32 years, R/o Palasamudrarn Village, Gorantla Mandal, Anantapuramu District. r
29. Adiandhi-a Gangamma D/o Gangappa Aged about 50 years, R/o Palasamudrarn Village, Gorantla Mandal, Anantapuramu District. 30.
Balappagari Narayanappa S/o B. Narasimhappa Aged about 71 years, R/o Palasamudrarn Village, Gorantla Mandal, Anantapuramu District. 31. B. Nanjamma W/o Narasimhappa Aged about 60 years, R/o Palasamudrarn Village, Gorantla Mandal, Anantapuramu District. 32. Lakshminarayana S/o Narasimhappa Aged about 43 years, R/o Palasamudrarn Village, Gorantla Mandal, Anantapuramu District. 33. G. Obulamma W/o Late Thippanna Aged about 58 years, R/o Palasamudrarn Village, Gorantla Mandal, Anantapuramu District. 34. G. Gangappa S/o Late Narasappa
~n Aged about 43 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Chinna Bavannagari Narasimliappa S/o Late Nagappa Aged about 41 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Bavakkagari Savanna S/o Late Gangappa Aged about 71 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Bavakkagari Kadireppa S/o Late Gangappa Aged about 67 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Bavakkagari Subbarayudu S/o Late Gangappa Aged about 64 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Bavakkagari Ramanjanej'-ulu S/o Bavakkagari Gangamma Aged about 30 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Mallikarjuna S/o Bavakkagari Pedda Narasappa Aged about 33 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. N. Dasanna S/o Late N Narasimhappa Aged about 42 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Narasimhappa S/o Late N. Narasimhappa Aged about 46 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Eswarappa S/o Late N. Narasimhappa Aged about 56 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Mala Gangadharappa S/o Late Chinna Thimmaiah Aged about 67 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Kavetinagepalli Obulesu S/o Late Chinna Obulesu Aged about 81 years, R/o Kavetinagepalli Village, Somandepalli Mandal, Anantapuramu District. Kavetinagepalli Gangamma W/o Late Chinna Bavanna
35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. Aged about 28 years, R/o Kavetinagepalli Village, Somandepalli Mandal, Anantapuramu District. K. Babaiah S/o Late Babanna Aged about 45 years, R/o Kavetinagepalli Village, Somandepalli Mandal, Anantapuramu District. 47. K. Obulesu S/o Late Babanna Aged about 38 years, R/o Kavetinagepalli Village, Somandepalli Mandal, Anantapuramu District. 48. 49.
K. Krishtappa S/o Late Babanna Aged about 35 years, R/o Kavetinagepalli Village, Somandepalli Mandal, Anantapuramu District. 50. K. Ramanjaneyulu S/o Late Narasimhappa Aged about 43 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 51. K. Gangappa S/o Late Narasimhappa Aged about 58 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. i.
52. K. Kadirappa S/o Late Narasimhappa Aged about 66 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 53. K. Mangamma Daughter in law of Late Narasimhappa Aged about 54 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 54. Mala Rarnesh S/o Late Venkataramudu Aged about 44 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 55. Mala Lakshmamma W/o Late Chinna Venkataramanappa Aged about 55 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. I
56. Mala Dasappa S/o Late Thimrnanna Aged about 54 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 57. Chinna Bavanna S/o Late Pedda Narasimhappa Aged about 61 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. Yetappagari Gangaraju S/o Late Gangamma
58. Aged about 46 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 59. Sivamma W/o Late Anjanappa Aged about 49 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 60. H. Venkataramudu S/o Late Venkatappa Aged about 66 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. 61. T. Nagamma D/o Late Hanumanthappa Aged about 61 years, R/o Palasarnuciram Village, Gorantla Mandal, Anantapuramu District. 62. Hanumakka W/o Late Chinna Narshimappa Aged about 70 years, R/o Palasamudram Village, Gorantla Mandal, Anantapuramu District. PETITIONERS AND The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Guntur District. 1. The State of Andhra Pradesh , Rep by its Principal Secretary, Department of Industries, Secretariat, Velagapudi, Guntirr District. 2. The District Collector, Anantapuramu District, Andhra Pradesh. 3. The Revenue Divisional Officer Penukonda Revenue Division, Anantapuramu District. 4. The Mandal Revenue Officer, Gorantla Mandal, Anantapuramu District. 5.
The Andhra Pradesh Industrial Infrastructure Corporation Rep by its Managing Director cum Vice Chairman, 59A-20/3/2A, I st Floor, Sri Siva Complex, Fun times Club Road, Teachers Colony, Vijayawada - 520008. M/s Bharath Electronics Limited Rep by its Chairman cum Managing Director Outer Ring Road, Nagavara, Banglore-560045. 6. ■f
7. RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit fiied therewith, the High Cour may be pleased to issue a Writ, Order or Direction(s) essentially in the nature of Writ of Mandamus declaring the action of respondents No.3 and 4 in awarding ex-gratia in terms of G.O.Ms No.1307 dated 23.12.1993 in respect of lands in Survey No. 290-3,290-2, 294-4, 304-3, 306-1B etc., to an extent of Ac. 120.13 cents of Palasamudram Village Anantapuramu District for acquisition of Gorantal Mandal, our lands while denying compensation by passing necessary award under the appropriate provisions of the Land Acquisition Act in respect of our lands acquired for the benefit of respondent No.6 and 7 under the proceedings No. RC G1/5132/12, dated 8/10/12 as illegal, arbitrary, resulting in violation of Article 14, 21 and 300-A of constitution of India and also ratio laid down by larger bench of this Hon’ble Court in a judgment reported in 2004 (2) ALT - 546. I.A. NO: 1 OF 2017(WPI\/IP. NO: 38728 OF 20171 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 No.1 and 3 to pass award under the provisions of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 in respect of lanes in .Survey No. 33-1A-1, 33-1A-2, 294-4, 304-3, 306-1B etc., to an extent of Ac. 120.13 cents of Palasamudram. Village, Gorantia Mandal Anantapuramu District taken over under the proceedings No. G1/5132/12 dated 3/10/12.
lA NO: 1 OF 202.^ Petition under Section 151 CPC praying that in the circumstar>ces stated in the affidavit filed in support of the petition, the High Court may be pleased to Order may be substituted with facts of the above mentioned
-5) cased basing on the affidavits of the petitioners and counter affidavits of respondent No.4. Counsel for the Petitioners: SRI. KARNAM RAMESH Counsel for the Respondent Nos. 1,3 to 5: GP FOR REVENUE Counsel for the Respondent No. 2: GP FOR INDUSTRIES & COMMERCE Counsel for the Respondent No. 6: M/S A JAYANTHI Counsel for the Respondent No. 7: SRI AKHIL KRISHNAN The Court made the following Common Order:
APHC010184762017 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original vlurisdiction) [3206] FRIDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION Nos: 30228, 30254 & 31088 of 2017 WRIT PETITION NO: 30228/2017 Between: Mala Lakshmamma, Anantapur Dist And 30 Others ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: ...respondent;s) 1.KARNAM RAMESH Counsel for the Respondent(S):
1.GP FOR INDUSTRIES COMMERCE (TG) 2,GP FOR LAND ACQUISITION (AP) 3.AKHILKRISHMAN 4.AJAYANTHI WRIT PETITION NO: 30254/2017 Between: Shake Liyaz and Others ...PETITIONER! S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S)
2 RRR,J W.P.NO.3022S of 2017 & batch Counsel for the Petitioner(S):
1.KARNAM RAMESH Counsel for the Respondent(S):
1.GP FOR LAND ACQUISITION (AP) 2.17646/SUNDARI R PISUPATl(SR SC FOR CEO AND ST) 3.15548/GP FOR REVENUE (AP) 4.AKHILKRISHNAN
5. RAMA CHANDRA RAO GURRAM 6.15531/GP FOR IRRI ANDCAD (AP) 7.4464/A JAYANTHI WRIT PETITION NO: 31088/2017 Between: ...PETmONER(S) B.c Rangamma and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner{S):
1.KARNAM RAMESH Counsel for the Respondent(S):
1.GP FOR REVENUE (AP) 2.15542/GP FOR INDUSTRIES & COMMERCE (AP) 3.15544/GP FOR LAND ACQUISITION (AP) 4.AKHIL KRISHNAN
5. RAMA CHANDRA RAO GURRAM 6.0
3 ( RPR, J W.P.No.30228 of 2017 & batch The Court made the following common order: Since all the Writ Petitions raise the same issues and relate to the acquisition process, they are being disposed of, by v^ay of this common order. same
2.
Heard Sri K. Ramesh Babu, learned counsel for the petitioners and Sri G. Rama Chandar Rao, learned Standing Counsel for M/s. API C, Ms. Rida Ameen, learned counsel appearing for the 7^'' respondent and the learned Government Pleader for Land Acquisition appearing for the official respondents. The petitioners were owners of various extents of lands situated in Palasamudram Village, Gorantia Mandal of Anantapuramu District. These lands had been assigned to them under the Andhra Pradesh Board of Revenue Standing Orders (here-in-after referred to “Board Standing Orders”) and are treated as assigned lands. 3. 4. In the year 2013, these lands were resumed, under the process of Board Standing Orders, for the purpose of establishing a Special Economic Zone in Palasamudram Village. It may also be noted that the lands belonging to private pattadars have also been acquired for the very same purpose. 5. The petitioners had been paid ex-gratia amounts of Rs.2,27,000/- per acre, on the ground that the market value of the lands was Rs.1,75,000/- per acre and solatium of 30% was to be paid on these amounts. 4 RRR,J W.P.No.30228 of 2017 & batch The petitioners, being aggrieved by the said payment of ex-gratia
6. have approached this Court, by way of the present Writ Petitions. Sri K. Ramesh Babu, learned counsel appearing for the
7. petitioners would contend that there is no dispute that the lands, in the possession of the petitioners, were assigned lands. He would further contend that, in such circumstances, the petitioners would be entitled to compensation on par with the private land ov^mers and relied upon a Larger Bench of the erstwhile High Court of Andhra Pradesh in the case of Land Acquisition Officer-cum-Revenue Divisional Officer vs. Mekala Pandu^. The Larger Bench, after reviewing the law and considering the
8. various aspects of the issue, had held that assignees holding assigned lands have acquired title over the lands and cannot be paid ex-gratia amounts when lands are taken from them for public purpose.
The larger Bench had also held that when such lands are resumed, the assignees would be entitled for payment of compensation in terms of the acquisition law in vogue at that time. In that view of the matter, the petitioners would be entitled to payment of compensation, on par with the private land owners, whose lands have also been taken for the purpose of establishing Special Economic 2!one. 9. The learned counsel for the petitioners would also contend that since lands were taken over in the year 2013, even before the advent of the RighL^ ot Fair Compensation and Transparency in Land Acquisition,
10. ^ 2004 (2) ALT 546
5 R1R,J W.P.No.30228of2017& batch ( Rehabilitation and Resettlement Act, 2013 (here-in-after referred to as “2013 Act”), the ex-gratia amounts were paid to the petitioners only after the Act came into force and consequently the petitioners should be paid compensation in terms of the 2013 Act. The learned Standing Counsel for M/s. APIIC, the leaned counsel appearing for the respondent and the learned Government Pleader for Land Acquisition would contend that such a stand is impermissible. The contention of the respondents is that the lands were resumed, by way of resumption proceedings, even before the 2013 Act came into force. Fhey would contend that, in such circumstances, the compensation would have to be paid in terms of the principles set out in the Land Acquisition Act, 1894 Act only. 11. v.^ This Court need not go into these issues for a simple reason. The direction of the Larger Bench in the case of Mekala Pandu (Supra) was that the assignees should be paid compensation on par with that of the private land owners. Since the land owners also appear to have been oaid compensation under the Land Acquisition Act, 1894, the same would appy to
12. the case of the petitioners also. Consequently, these Writ Petitions are allowed, directing payment of compensation to the petitioners, in terms of the compensation paid tc the private land owners whose lands had also been taken over for the establishment of the Special Economic Zone. For the purpose of calculation of
13.
6 RRR,J W.P.No.30228 of 2017 & batch such compensation, the compensation paid to the land owners in the adjacent or neighbouring lands of the petitioners shall be taken into account. Needless to say, the petitioners would be entitled to all the
14. additional benefits under the Land Acquisition Act, 1894, including interest on delayed payments of the enhanced amounts. The exercise of calculation of compensation and payment of such
15. compensation shall be completed by the respondents, within a period of six (06) months from today. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- A. VIJAYA BABU ASSISTANT,REGISTRAR //TRUE COPY// SEC N OFFICER To,
1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 2. The Principal Secretary, Department of Industries, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 3. The District Collector, Anantapuramu District, Andhra Pradesh. 4. The Revenue Divisional Officer, Penukonda Revenue Division, Anantapuramu District. 5. The Mandal Revenue Officer, Gorantia Mandal, Anantapuramu District. 6. The Managing Director cum Vice Chairman, Andhra Pradesh Industrial Infrastructure Corporation, 59A-20/3/2A, 1®* Floor, Sri Siva Complex, Fun times Club Road, Teachers Colony, Vijayawada - 520008. 7. The Chairman cum Managing Director, M/ s Bharath Electronics Limited, Outer Ring Road, Nagavara, Banglore-560045
1s
8. The Director General, National Academy of Customs, Excise and Narcotics, NACEN Complex, Sector-29, Faridabad - 121008, State cf Haryana. 9. One CC to Sri Karnam Ramiesh, Advocate [OPUC] One CC to Sri Sundari R Pisupati(SR SC for CEC and ST)
10. OPUC] One CC to M/s. A. Jayanthi, Advocate [OPUC] One CC to Sri Akhil Krishnan, Advocate [OPUC] One CC to Rama Chandra Rao Gurram, Advocate [OPUO Two CCs to GP for Land Acquisition, High Court Of Andhra Pradesh. [OUT] Two CCs to GP for Industries and Commerce, High Court Of Andhra Pradesh. [OUT] Two CCs to GP for Revenue, High Court Of Andhra Pradesh. 11. 12. 13.
14. 15. 16. [OUT
17. Two CCs to GP for irrigation & Command Area Development, High Court of Andhra Pradesh. [OUT] Three CD Copies
18. GSC
HIGH COURT DATED:04/04/2025 - COMMON ORDER WP.Nos. 30228, 30254 AND 31088 of 2017 ^FANOS^ g 01 MAY 2025 ro m Current Seotlon ALLOWING THE WPS WITHOUT COSTS