IN THE HIGH COURT OF ANDHRA PRADESH::AMA (Special Original Jurisdiction) THURSDAY. THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11151 OF 2025 Between: Modimallu Rama Dasu, S/o. Anjaneyulu, Aged about 49 years, R/o.4/334, CMR Colony, Kondapuram Mandal, YSR Kadapa District, Andhra Pradesh - 515591 ...Petitioner AND 1. State of Andhra Pradesh, Rep. by its Principal Secretary, Land Acquisition Department, Secretariat, Velgapudi, Guntur District, Andhra Pradesh 2. The District Collector, YSR District, Kadapa, Andhra Pradesh 3. The Joint Collector & Project Administrator, YSR 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. StaJja.-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 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 & 3 in payrhent of compensation, net due amount of 7 \ 10,00,000/- (Rupees Ten Lakh 424) is duly entitled Resource Department provisions of violative of Art. 14 Only), to which the as per G.O.Rt. No. petitioner (SES No.NS 312, dated 06.07.2023 Water illegal, arbitrary, unjust and contrary to the resettlement and rehabilitation policy 2005 and further constitution of India Art.21 and Art.SOOA of the and consequently to direct arnount to the of acquisition to the the respondents to pay the aforementioned due to '0 per annum from the date petitioner along with interest 24% date of actual payment iA.NQiXOF20^ Petition under Section stated in the affidavit pleased to direct the process of the I petitioner within two 151 CPC praying that in the cicircumstances may be payment Only) payable to filed in support,of the petition, respondents 2 and 3 herein amount of 10,00,000/ the High Court to complete the - (Rupees Ten Lakh weeks Counsel for the Petitione Counsel for the r: SRI JAWAJI SARATH CHANDRA Respondents No. Counsel for the Respondents 1 to 3; GP FOR LAND No.4, 5: GP FOR acquisition irrigation Counsel for the Respondent The Court made No.6: GP FOR FINANCE AND PLANNING the following; Order 1 NV,J WP No.11151 of 2025 APHC010214472025 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: 11151/2025 Between: Modimallu Rama Dasu ...PETITIONER .AND The State Of Andhra Pradesh ...RESPONDENT Counsel for the Petitioner: 1.JAWAJI SARATH CHANDRA Counsel for the Respondent: 1. The Court made the following: 2 NV,J WP No.lll51of2025 V THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION N0.11151 of 2025 ORDER: 1. Heard respective counsel appearing for the petitioner and learned Government Pleader for Land Acquisition. Perused the material available record. on 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 4bat 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. ( I 4. On behalf of the respondents, the Special Deputy Collector, for Joint Collector & Project Administrator, YSR District filed written instructions dated 02.05.2025, admitting that the bills are pending with them. It is further 3 N\ WP No.11151 of 202^1 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% 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 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. Consequently, miscellaneous applications pending if any, shall also stand closed. 5. 6. Sd/- K. TATA RAO deputy registrar //TRUE COPY// SECTION OFFICER 1. The Principal Secretary, State of Andhra Pradesh ^and Acquisition Department, Secretariat, Velgapudi, Guntur District, Andhra Pradesh 2. The District Collector, YSR District, Kadapa, Andhra Pradesh Joint Collector & Project Administrator, YSR District, Kadapa, Andhra Pradesh To, 3. The 4. The Commissioner, Resettlement and Rehabilitation, Water Resource Department, Vijayawada, Andhra Pradesh The Principal Secretary, State of Andhra Pradesh, Water Resource Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh The Principal Secretary, State of Andhra Pradesh, Finance Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh One CC to SRI JAWAJI SARATH CHANDRA Advocate [OPUC] Two CCs to GP FOR LAND ACQUISITION, High Court of Andhra Pradesh [OUT] Two CCs to GP FOR IRRIGATION, High Court of Andhra Pradesh [OUT] 5. 6. 7. 8. 9. 10. Two CCs to GP FOR FINANCE AND PLANNING, High Court of Andhra Pradesh [OUT] Three CD Copies 11. gsg HIGH COURT DATED: 08/05/2025 \ ORDER WP.No.11151 of 2025 DISPOSING THE WP WITHOUT COSTS