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2025 DAILYLAW 15135 (AP)

TAMMINA RAGHURAMUDU v. THE STATE OF ANDHRA PRADESH

WP/13237/2022 · 2025-09-01

B Krishna Mohan

body2025

Judgment text

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V ✓ APHC010190482022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B. KRISHNA MOHAN WRIT PETITION NO: 13237 OF 2022 Between: 1. Tammina Raghuramudu, S/o.Gangadhara Rao, Hindu, Aged 40 years, R/o. Pedapalla Village, Alumuru Mandal East Godavari. 2. Salapu Lakshmi, W/o.Gandreddy Ramakrishna Rao, Hindu, Aged 35 Akkireddypalem, R/o. H.No.3-55/1 Gurraampalem, years, Visakhapatnam. Namala Bala Venkata Subbarao, S/o.Suryanarayana, Hindu, Aged 42 D.No.2-83, Namala Vari Street,Chintaluru Village, 3. East years, Godavari. ...Petitioners AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Department of Revenue, Land Acquisition, Secretariat, Velagapudi, Amaravathi, A.P. The Joint Collector -Cum- Competent authority. Land Acquisition, NH- 16 (Anandapuram to Anakapalli, SH-38), Visakhapatnam, Visakhapatnam District. The Special Deputy Collector Land Acquisition, NH-16 (Anandapuram to Anakapalli, SH-38), Visakhapatnam, Visakhapatnam District. The Union of India, Represented by its secretary. Minister of Roads, Transport and Highways, Central Secretary, New Delhi. 2. 3. 4. 5. The District Collector, Collector Office, Visakhapatnam 6. The Project Director, NHAI, NII-16 (Anandapuram to Anakapalli, SH- 38), Visakhapatnam, Visakhapatnam District. ...Respondents 1 to 6 Petition under Article 226 of the Constitution of India praying that in the pirpumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandumas, to consider the applications made on 07-1-2021 in accordance with law and direct the Respondent no. 5 to pass appropriate orders in the applications filed by petitioners under Section 3G (5) of The National Highway Act, 1956 within the time fixed by this honourable court. . .ft.-. lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Couii may be pleased to direct the Respondent No.5 to pass appropriate orders in applications filed by petitioners under Section 3G (5) of The National Highway Act, 1956, dt.7/01/2021 before Respondent No.5 (The District Collector) and in accordance with law within the time fixed by this honourable court to pay the compensation amount to petitioners, pending disposal of the above writ petition. Counsel for the Petitioners: SRI SABBAVARAPU SATISH BABU Counsel for the Respondent Nos.1 to 3 & 5 : GP FOR LAND ACQUISITION Counsel for the Respondent Np.4 : SRI PASALA PONNA RAO, DEPUTY SOLICITOR GENERAL OF INDIA Counsel for the Respondent No.6 : SRI S. S. VARMA, SC FOR NHAI The Court made the following order: r'~' APHC010190482022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 13237/2022 Between: 1.TAMMINA RAGHURAMUDU, S/O.GANGADHARA RAO HINDU, AGED 40 YEARS, R/0 PEDAPALLA VILLAGE, ALUMURU MANDAL EAST GODAVARI. 2.SALAPU LAKSHMI, W/O.GANDREDDY RAMAKRISHNA RAO HINDU, AGED 35 YEARS, R/0 H.NO.3-55/1, AKKIREDDYPALEM GURRAAMPALEM, VISAKHAPATNAM 3.NAMALA BALA VENKATA SUBBARAO, S/0. SU RYANARAYANA HINDU, AGED 42 YEARS, STREET,CHINTALURU VILLAGE, EAST GODAVARI D.NO.2-83, NAMALA VARI ...PETmONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, LAND ACQUISITION, SECRETARIAT, VELAGAPUDI, AMARAVATHI, A.P. 2.THE JOINT COLLECTORCUMCOMPETANT AUTHORITY, LAND ACQUISITION, NI-l-16 (ANANDAPURAM TO ANAKAPALLI, SH-38), VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 3.THE SPECIAL DEPUTY COLLECTOR LAND ACQUISITION, NH-16 (ANANDAPURAM TO ANAKAPALLI, SH-38), VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 4.THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTER OF ROADS, TRANSPORT AND HIGHWAYS, CENTRAL SECRETARY, NEW DELHI. 2 BKM.4^ W.P.No.13237 of 2022 5.THE DISTRICT COLLECTOR, COLLECTOR OFFICE, VISAKHAPATNAM 6.THE PROJECT DIRECTOR, NHAI, NII-16 (ANANDAPURAM TO ANAKAPALLI, SH-38), VISAKHAPATNAM, VISAKHAPATNAM 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 topleased to issue a writ,order or direction more particularlyone in the nature of writ of Mandumas , to consider the applications made on 07-1-2021 in accordance with law and direct the Respondent no. 5 to pass appropriate orders in the applications filed by petitioners under Section 3G (5) of The National Highway Act, 1956 within the time fixed by this honourable court and to pass 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 pleased to direct the Respondent No.5 to pass appropriate orders in applications filed by petitioners under Section 3G (5) of The National Highway Act, 1956, dt.7/01/2021 before Respondent No.5 (The District Collector) and in accordance with law within the time fixed by this honourable court to pay the compensation amount to petitioners, pending disposal of the above writ petition and pass Counsel for the Petitloner(S): 1.SABBAVARAPU SATISH BABU Counsel for the Respondent(S): 1.S S VARMA 2.GP FOR LAND ACQUISITION 3.PasalaPonnaRao,DEPUTY SOLICITOR GENERAL OF INDIA 3 BKM,J W.P.No.13237 of 2022 The Court made the following ORDER: No representation for the petitioners. Heard the learned Assistant Government Pleader and the learned Standing Counsel appearing for the respondents. This writ petition was filed seeking to direct the 5*^ respondent to consider the applications made by the petitioners on 07.01.2021 in accordance with law and to pass appropriate orders under Section 3G (5) of the National Highway Act, 1956 within the time fixed by this Hon’ble Court. 2. On the other hand, the learned Assistant Government Pleader, relying upon the written instructions of the 5*^ respondent dated 18.08.2025, submits that the Special Deputy Collector, (LA) NH-16 Visakhapatnam, (LAO), acquired the lands to an extent of Ac.40.4788 cents vide award No.24 of 2018 dated 07.05.2018, for widening and formation of six lane roads from Anandapuram to Anakapalli. After receiving the award amount the petitioners, who were not satisfied with the awarded amount for their lands, filed the arbitration petition Nos.259 of 2021, 260 of 2021 & 281 of 2021 before the Arbitrator & District Collector (Visakhapatnam)-5‘^ respondent. In the arbitration petitions, petitioners stated that their lands are being acquired by the National Highway Authorities for formation of six lane roads from Anandapuram to Anakapalli vide award No.24 of 2018 dated 07.05.2018 duly fixing the market value at Rs.1606/- per square meter under the category of agricultural lands fit for house sites. The details are as under: 3. 4 BKMJ 0 W.P.No.13237 on022 S!. ARB No Name of the Applicant Cw Extent Compensation awarded by LAO 14,88,744/- Award No.24/2018, Dt:07.05.2018 Krayer of the Awardee wj,. No. No sq.mts 1 259-2021 Sri Tammina Raghuramudu 29/6 425 vide The LAO awarded 1606/- per Sqmts. Enhancement requested by the petitioner -Rs.45,000/- per Sq. yd. 2 260-2021 Sri Namala Bala Venkata SubbaRao 29/6 425 14,88,744/- Award No.24/2018, Dt;07.05.2018 Vide The LAO awarded 1606/- Sqmts per Enhancement requested by the petitioner -Rs.45,000/- per Sq.yd 3 281-2021 Smt. Salapu Lakshmi 28/7B 2299.62 77,73,709/- Award No.24/2018, Dt; 07.05.2018 vide The LAO awarded 1606/- per Sqmts Enhancement requested by the petitioner -Rs.45,000/- per Sq.yd 4. In this connection a clear enquiry was previously proposed to be conducted on 04.06.2022 by Arbitrator and District Collector, Visakhapatnam- the 5 respondent. A notice was also issued to the petitioners to attend the enquiry on that date. But, due to administrative reasons, it could not be proceeded with. The enquiry is now proposed to be conducted on 22.08.2025 and fresh notice was issued to the petitioners to attend on the said date. The Land Acquisition Officer (LAO) has also been directed to attend the Final Orders will be issued after the enquiry is conducted. enquiry. 5 BKM.J W.P.No.13237 of 2022 circumstances, the 5"" respondent is directed to complete the above said enquiry strictly in accordance with law by giving due opportunity to all the parties concerned including the petitioners and upon verification of the records, appropriate orders shall be passed merits, as expeditiously as possible, preferably, within a period of four (4) months from the date of receipt of this order. 5. In view of the above said facts and on 6. Accordingly, the writ petition is disposed of. Interim order, if any, deemed to have been vacated. There shall be no order as to costs. As a sequel. Interlocutory Applications pending, if any, shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTJQN OFFICER To, Department of Revenue, Land Acquisition 2 The inint AP m Z H Competent authority, Land Acquisi ion 16 (Anandapuram to Anakapaili, SH-38) Visakhapatnam District to AnSariHlmZllZh^ (Anandapuram 4 The Sf ' ® '^'^^'''tapafnam, Visakhapatnam District The Secretary, Union of India, Minister of Roads TranZrf and Highways, Central Secretary, New Delhi ransport and 6 C's'not Collector, Collector Office, Visakhapatnam Director, NHAI, NII-16 (Anandapuram to Anakaoalli SH 38), Visakhapatnam, Visakhapatnam District Anakapaili, SH- a S^bbavarapu Satish Babu 8. One CC to Sri S. S. Varma, SC for NHAI ^ Acquisition, 10. One CC to SRI. Pasala Ponna Rao [OPUC] 11. Two CD Copies NH- Visakhapatnam, , Advocate [OPUC] [OPUC] High Court of Andhra Pradesh Deputy Solicitor General of India Cnr 0 HIGH COURT DATED:02/09/2025 ORDER WP NO. 13237 OF 2022 g( 18 SEP 2025 ^^vQiiTent SectiopX»> cr- ■ ■ 05 DISPOSING OF THE W.P. WITHOUT COSTS