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2025 DAILYLAW 16336 (AP)

UBBARA NARAYANAMMA v. THE STATE OF ANDHRA PRADESH

WP/11346/2025 · 2025-05-07

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

\ \ f [ 3329 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11346 OF 2025 Between: Ubbara Narayanamma, W/o Harinath, Aged about 73 years, R/o 4/280A, Ramachandra Nagar, Kondapuram (PO), YSR district, Kadapa, Andhra Pradesh- 516444. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its principal Secretary, Land Acquisition Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh. 2. The District Collector, YSR District, l^a^aES, Andhra Pradesh. 3. The Joint Collector and Project Administrator, Y.S.R District, Kadapa, Andhra Pradesh. 4. The Commissioner, Resettlement and Rehabilitation, Water Resource Department, Vijayawada, Andhra Pradesh. 5. State of Andhra Pradesh, Rep by its principal Secretary, Water Resource Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh. 6. State of Andhra Pradesh, Rep by its Principal Secretary, Finance department. Secretariat, Velagapudi, Guntur District, Andhra Pradesh. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ or order or direction more particularly a writ in the nature of a Writ of Mandamus declaring the inaction of the respondent No. 2 and 3 in payment of compensation, net due amount of 10,00,000/- (Rupees Ten Lakh Only), to which the Petitioner (SES No. RK 816) is duly entitled as per G.O.RT.No.312, dated 06.07.2023, Water Resource Department as illegal, arbitrary, unjust and contrary to the provisions of Resettlement and Rehabilitation Policy 2005 and further violative of Art.14, Art.21 and Art.300A of the Constitution of India and consequently to direct the respondents to pay the aforementioned due amount to the Petitioner along with interest @24% per annum from the date of acquisition to the date of actual payment. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct Respondent 2 and 3 herein to complete the payment process of the amount of 10,00,000/-(Rupees Ten Lakh Only) payable to Petitioner within two weeks. Counsel for the Petitioner(s):SRr. MANDAVA ABHIGNA Counsel for the Respondents: GP FOR LAND ACQUISITION Counsel for the Respondents: GP FOR IRRIGATION Counsel for the Respondents: GP FOR FINANCE The Court made the following: % 1 NV,J WP No.11346 of 2025 APHC010214642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY .THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11346/202.*; Between: Ubbara Narayanamma ...PETITIONER .AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.MANDAVA ABHIGNA Counsel for the Respondent(S): 1.GP FOR LAND ACQUISITION The Court made the following: ...RESPONDENT(S) 2 NV,J WP No.11346 of 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION N0.11346 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.11346 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. 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% 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 his 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. 5. per A Sd/- K. TATA^RAO deputy registrar //TRUE COPY// SECTION OFFICER ■ / To, 1. The principal Secretary, Land Acquisition Department,State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District, Andhra Pradesh. 2. The principal Secretary, Water Resource Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District, Andhra Pradesh. 3. The Principal Secretary, Finance department. State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.[1 to 3 By Special Messenger] 4. The District Collector, YSR District, Kadapa, Andhra Pradesh. 5. The Joint Collector and Project Administrator, Y.S.R District, Kadapa, Andhra Pradesh. 6. The Commissioner, Resettlement and Rehabilitation, Water Resource Department, Vijayawada, Andhra Pradesh.[4 sto 6 by RPAD] 7. OneCCto SRI. MANDAVAABHIGNA Advocate [OPUC] 8. TwoCCsto GP FOR LAND ACQUISITION .High Court Of Andhra Pradesh. [OUT] 9. Two CCs to GP FOR IRRIGATION .High Court Of Andhra Pradesh. [OUT] 10. Two CCs to GP FOR FINANCE .High Court Of Andhra Pradesh. [OUT] 11. Three CD Copies HIGH COURT DATED;08/05/2025 ORDER WP.No.11346 of 2025 THE WRIT PETITION IS COSTS DISPOSED OF WITHOUT