KANNELURU SARASWATHAMMA v. THE STATE OF ANDHRA PRADESH
WP/11413/2025 · 2025-05-07
Venkateswarlu Nimmagadda
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 16350 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16350 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
4, 'K- .“’SEi f . IN THE HIGH COURT OF ANDHRA PRADESH :: AMAR (Special Original Jurisdiction) | f o IV Xli O THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11413 OF 2025 Between:
1. Kanneluru Saraswathamma, W/o Krishna Chowdappa, Aged about 79 years, R/o E-127, RTPP, Yarraguntia, YSR Kadapa District, Andhra Pradesh. 2. Kanneluru Sailendra Kunriar, S/o Krishna Chowdappa, Aged about 58 years, R/o E-127, RTPP, Yarraguntia, YSR Kadapa District, Andhra Pradesh. 3. Kanneluru Peddaiah, S/o Krishna Chowdappa, Aged about 50 years, R/o 4/334A, OMR colony, RS Kondapuram Mandal, YSR Kadapa District. 4, Kanneluru Ramakrishna, S/o Krishna Chowdappa, Aged about 48 years, R/o 4/334A, CMR colony, RS Kondapuram Mandal, YSR Kadapa District. ...Petitioners AND
1. State of Andhra Pradesh, Rep by its principal Secretary, 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. 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 ah 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 payment of sanctioned compensation, net due amount of 10,00,000/- (Rupees Ten Lakh Only) per individual, to which the Petitioners (SES No. RK 697) 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 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) per individual, payable to Petitioners within two weeks; Counsel for the Petitioners: SRI JAVVAJI SARATH CHANDRA Counsel for the Respondents No.1 & 2: GP FOR LAND ACQUISITION Counsel for the Respondents No.3 to 5: GP FOR IRRIGATION Counsel for the Respondent No.6: GP FOR FINANCE The Court made the following:
1 NV,J WP No.11413 of 2025 APHC010214482025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (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: 11413/2025 Between: ...PETITIONER(S) Kanneluru Saraswathamma and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petltioner(S):
1.JAWAJI SARATH CHANDRA 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:
2 Nv;j WP No.11413 of 2025 the honourable SRr JUSTICE VENKATESWARLU WRIT PETITION N0.11413 of 2025 NIMMAGADDA
ORDER:
1. Heard respective counsel Government Pleader for Land Acquisition, record. appearing for the petitioners and learned Perused the material available on
2. This writ petition is filed declaring the inaction of the to which the petitioners respondents in payment of compensation (net due amount) legitimately entitled are per G.O.RT.No.312 Water Resources (R&R-A2) as illegal, arbitrary and contrary to the as Department dated 06.07.2023 provisions of Resettlement and Rehabilitation Policy, 2005 and consequently direct the respondents to pay the amount due to the petitioners along with 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 no 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 Collector & Project Administrator, YSR District , for Joint filed written instructions dated
3 NV,J WP No.11413 of 2025 02.05.2025, admitting that the bills are pending with them. It is further 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 petitioners. 5. In view of the aforesaid directions of this Court in various cases and after hearing the submissions of learned counsel for the petitioners, 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) each, to the petitioners, 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 period of eight (08) weeks from the date of receipt of a copy of this order. It would also be open to the petitioners 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. within a Sd/- B CHITTI JOSEPH ASSISTANT REGISTRAR t-. //True COPY// SECTION OFFICER To,
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. 4. The Commissioner, Resettlement and Rehabilitation, Water Resource Department, Vijayawada, Andhra Pradesh. (Addressee Nos.2 to 4 BY RPAD)
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 JAVVAJI SARATH CHANDRA Advocate [OPUC]
8. Two CCs to GP FOR LAND ACQUISITION, High Court f Andhra Pradesh [OUT]
9. Two CCs to GP FOR FINANGE, High Court Of Andhra Pradesh. [OUT] Two CCs to GP FOR IRRIGATION, High Court of Andhra Pradesh. 10. [OUT]
11. Three CD Copies
HIGH COURT DATED: 08/05/2025
ORDER WP.No.11413of 2025 DISPOSING THE WRIT PETITIION WITHOUT COSTS