Extracted from the PDF above. The PDF is authoritative.
1 NV,J WP No.12215 of 2025
APHC010214662025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12215/2025 Between: Tumakunta Baba John, ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. MANDAVA ABHIGNA Counsel for the Respondent(S):
1. GP FOR LAND ACQUISITION
2. GP FOR FINANCE PLANNING -15517/AP/15517/2017
3. GP FOR IRRI AND CAD The Court made the following:
2 NV,J WP No.12215 of 2025
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.12215 of 2025 ORDER:
1. Heard respective counsel appearing for the petitioner and learned Government Pleader for Land Acquisition. Perused the material available on record. 2. This writ petition is filed declaring the inaction of the respondents in payment of compensation (net due amount), to which the petitioner is legitimately entitled as per G.O.RT.No.312 Water Resources (R&R-A2) Department dated 06.07.2023, as illegal, arbitrary and contrary to the provisions of Resettlement and Rehabilitation Policy, 2005 and consequently direct the respondents to pay the amount due to the petitioner along with interest @ 24% per annum. 3. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of the amount, no payment is being made. The petitioner contends that such non-payment of money is clearly arbitrary and high-handed requiring the interference of this Court. 4. On behalf of the respondents, the Special Deputy Collector, for Joint Collector & Project Administrator, YSR District filed written instructions dated 06.05.2025, admitting that the bills are pending with them. It is further
3 NV,J WP No.12215 of 2025
submitted that, due to lack of funds, the bills are not presented and as and when the budget release order is received, payments would be made to the petitioner. 5.
In view of the aforesaid directions of this Court in various cases and after hearing the submissions of learned counsel for the petitioner, learned Government Pleader for Land Acquisition, this Writ Petition is disposed of with a direction to the respondents to release an amount of Rs.10,00,000/- (Rupees Ten Lakhs only) to the petitioner, along with the interest @ 6% per annum, in view of the judgment of the Hon’ble Division Bench of this Court in Writ Appeal No.724 of 2021 and batch dated 12.10.2023, within a period of eight (08) weeks from the date of receipt of a copy of this order. It would also be open to the petitioner to agitate their claim for higher rate of interest and due amount, if any, payable by the respondents, in an appropriate forum. There shall be no order as to costs. 6. Consequently, miscellaneous applications pending if any, shall also stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA
Date: 07.05.2025
SP
4 NV,J WP No.12215 of 2025
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO.12215 of 2025
Date: 07.05.2025
W
SP