MUMMELA BHAGYA LAKSHMI v. THE STATE OF ANDHRA PRADESH
WP/11377/2025 · 2025-05-07
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16339 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16339 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
rv' IN THE HIGH COURT OF ANDHRA PRADESH:lAMARAVATI (Special Original Jurisdiction) THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11377 OF 2025 -c Between:
1. Mumm^a Bhagya Lakshmi, D/o Mummela Sriramulu, Aged about 44 k-tn*?’ } Kondapuram RS, Kondapuram, YSR Kadapa District, Andhra Pradesh. ^'■'shna, S/o Sriramulu, Aged about 38 years, R/o ^SR Kadapa
3. Mummela Gowri, D/o Sriramulu, Aged about 35 years, R/o 1/266 CMR Prad7sh^°"^^^^''^^ RS, Kondapuram, YSR Kadapa District, Andhra
4. Mummela Radha, D/o Sriramulu, Aged about 36 years, R/o 1/266 CMR colony, Kondapuram RS, Kondapuram, YSR Kadapa District, Andhra Pradesh. ...Petitioners AND
1. The State of Andhra Pradesh, Rep by its principal Secretary, Land Acquisition Department, Secretariat, Velagapudi ^ Andhra Pradesh. Guntur District,
2. The District Collector, YSR District, Kadapa, Andhra Pradesh. PmiP^'YcPp Administrator, Gandikota Reservoir Project, Y.S.R District, Kadapa, Andhra Pradesh.
4. The Commissioner, Resettlement and Rehabilitation Department, Vijayawada, Andhra Pradesh. Water Resource Rffdesh, Rep by its principal Secretary, Water Prad°esh^ Department, Secretariat, Velagapudi, Guntur District, Andhra
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 praying that in the circunlstances stated in the affidavit filed therewith, the High Court may ^' \ ■ be pleased :»tb issue an appropriate writ or
order or direction more particula^ 4 w^'it the nature of a Writ of Mandamus declaring the inaction of the respondent No. 2 and 3 in payment of sanctioned compensation, net due amount of 10,00,000/- (Rupees Ten Lakh Only) per individual, to which the Petitioners (SES No. RK 609) are 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 Petitioners 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 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) per individual, payable to Petitioners within two weeks Counsel for the Petitioners: SRI MANDAVA ABHIGNA Counsel for the Respondents No.1 to 3: GP FOR LAND ACQUISITION Counsel for the Respondents No.4, 5: GP FOR IRRIGATION Counsel for the Respondent No.6: GP FOR FINANCE AND PLANNING The Court made the following: Order
1 r NV,J WP No.ll377of2025 APHC010214692025 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: 11377/2n?fi Between: Mummela Bhagya Lakshmi and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others Counsel for the Petitioner(S):
1.MANDAVA ABHIGNA Counsel for the Respondent(S):
1.GP FOR LAND ACQUISITION 2.GP FOR IRRI AND CAD 3.GP FOR FINANCE PLANNING The Court made the following: ...RESPONDENT(S)
2 NV,J WP No.11377 of 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION N0.11377 of 2025
ORDER:
1. Heard respective counsel Government Pleader for Land Acquisition. Perused record. appearing for the petitioners and learned the material available on
2. This writ petition is filed declaring the inaction of the respondents in payment of compensation (net due amount), to which the petitioners are legitimately entitled Department dated
06.07.2023. per G.O.RT.No.312 Water Resources (R&R-A2) as illegal, arbitrary and contrary to the provisions of Resettlement and Rehabilitation Policy, 2005 and as consequently pay the amount due to the petitioners along with direct the respondents to interest @ 24% per annum. 3. It is the contention of the petitioners that admitted that the petitioners even though the respondents are entitled for payment of the amount, payment is being made. The petitioners contends that such no 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
3 NV,J WP No.11377 of 2025 02.05.2025, admitting that the submitted that, due to lack of funds, when the budget release order i petitioners. bills are pending with them, the bills are not presented and is received, payments would be made to It is further as and the
5. In view of the aforesaid directions of this after hearing the submissions of learned Government Pleader for Land Acquisition, a direction to the respondents to (Rupees Ten Lakhs only) each, to the 6% per annum, in vi Court in Writ Appeal No.724 of 2021 period of eight (08) weeks from the date of would also be open to the petitioners to interest and due amount, if any, payable by the forum. There shall be no order as to costs. 6. Consequently, miscellaneous applications stand closed. Court in various cases and counsel for the petitioners, learned this Writ Petition is disposed of with release an amount of Rs. 10,00,000/- petitioners, along with the interest @ view of the judgment of the Hon'ble Division Bench of this and batch dated 12.10.2023, within a receipt of a copy of this order. It agitate their claim for higher rate of respondents, in an appropriate pending if any, shall also Sd/- K. TATA RAO DEPUTY REGIS/RAR //TRUE COPY// To, SECTION OFFICER
1. The Principal Secretary, State of Andhra Pradesh. Land Acquisition Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh. 2.
The District Collector, YSR District, Kadapa, Andhra Pradesh. 3. The Joint Collector cum Project Administrator, Gandikota Reservoir Project, Y.S.R District, Kadapa, Andhra Pradesh. 0
4. The Commissioner, Resettlement and Rehabilitation, Water Resource Department, Vijayawada, Andhra Pradesh. 5. The Principal Secretary, State of Andhra Pradesh, Water Resource Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh. 6. The Principal Secretary, State of Andhra Pradesh, Finance department Secretariat, Velagapudi, Guntur District, Andhra Pradesh. 7. One CC to SRI MANDAVA ABHIGNA Advocate [OPUC]
8. Two CCS to GP FOR LAND ACQUISITION, High Court of Andhra Pradesh [OUT] ^ irrigation. High Court of Andhra Pradesh
10. Two CCS to GP FOR FINANCE AND PLANNING, High Court of Andhra Pradesh [OUT] Three CD Copies
11. gsg ''s
HIGH COURT DATED: 08/05/2025
ORDER WP.No.11377 of 2025 DISPOSING THE WP WITHOUT COSTS