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2025 DAILYLAW 16701 (AP)

Nimmalla Subbaiah v. The State of Andhra Pradesh,

WP/13216/2025 · 2025-06-24

Venkateswarlu Nimmagadda

Public Interest Litigationbody2025

Judgment text

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A APHC010222842025 IN THE HIGH COURT OF ANDHRA PRADE AT AMARAVATI | (Special original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13216 OF 2025 Between: 1. Nimmalla Subbaiah, S/o. Pedda Kondaiah aged about 83 years, Occu- agricultural coolie R/o Pulikallu Village Podalakur Mandal, SPSR Nellore District 2. Nimmalla Seenaiah, S/o. Pedda Kondaiah aged about 58 years, Occu- agricultural coolie R/o Pulikallu Village Podalakur Mandal, SPSR Nellore District 3. Nimmalla Naraiah, S/o. Subbaiah aged about 64 years, Occu- agricultural coolie R/o Pulikallu Village Podalakur Mandal, SPSR Nellore District 4. Boda Penchalaiah, son and L.R of Late Pillam penchalaiah @ Boda Penchalaiah S/o. Late Penchalaiah aged about 49 years, Occu- - agricultural coolie R/o Kammavaripalli Village Anantha Sagaram Mandal, SPSR Nellore District 5. Atia Penchala Narasaiah, S/o. Pedda penchalaiah @ Pedda Penchala Reddy aged about 60 years, Occu- agricultural coolie R/o Lalitha Nagar, Kaluvaya Mandal, SPSR Nellore District 6. Thota Venkateswarlu,, son and L.R of the Late Thota Subbaiah, aged about 51 years, Occu employment R/o. Oochapalli, Podalakuru Mandal, SPSR Nellore District. 7. Thota Nagaiah, , son and L.R of the Late Thota Subbaiah, aged about 46 years, Occu- emplo)mient R/o. Oochapalli, Podalakuru Mandal, ••^PSR Nellore District. ...Petitioners AND r The State of Andhra Pradesh, Rep. by its Special Chief Secretary, Water Resources Department, AP Secretariat, Velagapudi, Amaravathi, Guntur District. The Special Collector, Telugu Ganga Project (TGP), Dargamitta, Near Nilagiri Sangam, Nellore city, SPSR Nellore District. The Special Deputy Collector LA, Telugu Ganga Project (TGP), Rapur at Nellore, Dargamitta, Near Nilagiri Sangam, Nellore city, SPSR Nellore District. 1. 2. 3. ...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 a writ, order or direction more particularly one in the nature of writ of mandamus under article 226 of the Constitution of India declaring the inaction of the respondents in considering the representations dated 06- 07-2024 submitted by the petitioners to the respondents Nos 2 and 3 for awarding compensation for the assigned lands admeasuring Ac.30.75 Cents comprised in Sy. Nos 237/P, 386-1,2,3,and 4, 401/1, 402/2, 402/4, 403/2 and 434/IP assigned either to the petitioners or their predecessors and Ac. 9.95 cents in Sy. Nos. 393-18, 394-7, 188-4 and 9, 189-3, 393-19, 394-6, 257-3, 390-16, 263-9 and 11, 390-15 and 262-3 of CJFS Lands along with fruit be^i^ing pomegranate and ber trees and structures which were assigned / allotted either to the petitioners or their predecessors situated in Kummarigunta, H/o. Kambalapalli Village, Rapur mandal, SPSR Nellore District and were resumed for the purpose of foreshore submersion under Kandaleru Reservoir of Telugu Ganga Project on par with patta lands which were acquired for the same purpose in terms of the judgment of Hon’ble Court in LAAS No 28 of 2019 and batch dated 05-11- 2019 and the judgment of the Hon’ble Supreme Court in Civil Appeal No. 2337 of 2021 arising out of SLP (6) No. 8710 of 2021 and batch dated 07- 07-2021 and batch as illegal, arbitrary, unjust and discriminatory and violative of Articles 14 and 300A of constitution of India and consequently direct the respondents to pay compensation for the assigned lands of the petitioners admeasuring Ac.30.75 Cents comprised in Sy. Nos 237/P, 386-1,2,3, and 4, 401/1, 402/2, 402/4, 403/2 and 434/IP assigned either to the petitioners or their predecessors and Ac.9.95 cents in Sy.Nos.393- 18, 394-7, 188-4 and 9, 189-3, 393-19, 394-6, 257-3, 390-16, 263-9 and 11, 390-15 and 262-3 of CJFS Lands along with fruit bearing pomegranate and ber trees and structures which were assigned / allotted either to the petitioners or their predecessors situated Kummarigunta, H/o. Kambalapalli Village, Rapur mandal, SPSR Nellore District and were resumed for the purpose of foreshore submersion under Kandaleru Reservoir of Telugu CBanga Project on par with patta lands which were acquired for the same purpose in terms of the judgment of Hon’ble Court in LAAS No 28 of 2019 and batch dated 05-11-2019 and the judgment of the Hon’ble Supreme Court Civil Appeal No. 2337 of 2021 arising out of SLP (C) No. 8710 of 2021 and batch dated 07-07-2021 and batch read with G.O.Ms No 259 Revenue (Assn.l) department dated 21-06-2016 duiy considering the representations dated 06-07-2024 submitted by the petitioners to the respondent Nos 2 and 3 herein. in lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in ftle affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the respondents herein to pay compensation for the assigned lands of the petitioners admeasuring Ac.30.75 Cents comprised in Sy. Nos 237/P, 386-1,2,3,&4,401/1, 402/2, 402/4, 403/2 and 434/IP assigned either to the petitioners or their predecessors and Ac. 9.95 cents in Sy. Nos. 393-18, 394-7, 188-4&9, 189-3, 393-19, 394-6, 257-3, 390-16, 263-9&11, 390-15 and 262-3 bf CJFS Lands along with fruit bearing pomegranate and ber trees and structures which were assigned / allotted either to the petitiorfers or their predecessors situated in Kummarigunta, H/o. Kambalapalli Village, Rapur mandal, SPSR Nellore District and were resumed for the of foreshore submersion under Kandaleru Reservoir of Telugu purpose Ganga Project on par with patta lands which were acquired for the same purpose in terms of the judgment of Hon’ble Court in LAAS No 28 of 2019 and batch dated 05-11-2019 and the judgment of the Hon’ble Supreme Court dated 27-09-2018 in Civil Appeal No. 2337 of 2021 arising out of SLP (C) No. 8710 of 2021 and batch dated 07-07-2021 read with G.O.Ms No 259 Revenue (Assn.l) department dated 21-06-2016 duly considering the representations dated 06-07-2024 submitted to the respondent Nos 2 and 3 herein. Counsel for the Petitioners; SRI P SRIDHAR REDDY Counsel for the Respondents: GP FOR IRRI AND CAD The Court made the following order: •*1 <5; / APHC010222842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13216/2025 Between: ...PETITIONER(S) Nimmalla Subbaiah and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.PSRIDHAR REDDY Counsel for the Respondent(S): 1.GP FOR LAND ACQUISITION ■^GP FOR IRRI AND CAD The Court made the following: ■ ■■ 2 <2^ THE HON’BLE SRI JUSTICE VENKATESWARLU NII^IVrAGADDA WRIT PETITION NO; 13216/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in considering the representation dated 06.07.2024 submitted by the petitioners to respondent Nos.2 and 3 for awarding compensation for the assigned lands admeasuring Ac.30.75 Cents comprised in Sy.Nos.237/P, 386-1, 2, 3 & 4, 401/1, 402/2, 402/4, 403/2 and 434/P assigned either to the petitioners or their predecessors and Ac.9.95 cents in Sy.Nos.393-18, 394-7, 188-4 & 9, 189-3, 393-19, 394-6, 257-3, 390-16, 263-9 & 11, 390-15 and 262-3 of CJFS Lands along with fruit bearing pomegranate and bearing trees and structures which were assigned/allotted either to the petitioners or their predecessors situated in Kummarigunta, H/o.Kambalapalli Village, Rapur Mandal, SPSR Nellore District and were resumed for the purpose of foreshore submersion under Kandaleru Reservoir of Telugu Ganga Project on par with patta lands which were acquired for the same purpose in X terms of the judgment of LAAS No. 28 of 2019 and batch dated 05.11.2019 and the judgment of the Hon’ble Supreme Court in Civil Appeal No.2337 of 2021 arising out of SLP (C) No.8710 of 2021 and batch dated 07.07.2021 and batch as illegal, arbitrary, unjust and discriminatory and violative of Articles 14, 300-A of constitution of India and consequently direct the respondents to pay compensation for the assigned lands of the petitioners admeasuring Ac.30.75 Cents comprised in Sy.Nos.237/P, 386-1, 2, 3 & 4, 401/1, 402/2, 4(72/4, 403/2 and 434/P assigned either to the petitioners or their predecessors and Ac. 9.95 cents in Sy.Nos.393-18, 394-7, 188-4 & 9, 189-3, 393-19, 394-6, 257-3, 390-16, 263-9 & 11, 390-15 and 262-3 of CJFS Lands along with fruit bearing pomegranate and bearing trees and structures which were assigned/allotted either to the petitioners or their predecessors situated in Kummarigunta, H/o.Kambalapalli Village, Rapur Mandal, SPSR Ignore District and were resumed for the purpose of 3 f^ngaProZTTpar ZTpati^fafj" 3nd the judgment of the Hon’ble^^^^ Appeal No.2337 of 2091 ^ 5fypre/77e Court ^ ^021 end bstchV^e^^ o^T^72Z^' f^^^enue' (A^l n h 21.06.2016 duty considerinnm ^^P^rtment dated f 07^2024 submitted by he petLfTT''‘'‘*'°"^ ^os.2 end 3 herein andjessZZZjfoZZ matter is taken Civil of 2. When the for the petitioners up for hearing, learned counsel in this writ petition is submits that the issue involved i squarely covered by the order dated 07.11.2023 of 2023. The passed by this Hon’ble Court i in Writ Petition No.25606 same is not disputed by the learned Assistant Government Pleader for Land Acquisition. 3. In view of the order, this Court, i dispose of this Writ ■authority to consider dated 06.07.2024 i same, for the reasons alike in the aforesaid appropriate to respondent the interest of justice, feels if Petition, directing the concerned and dispose of the petitioners’ representation dy duly taking into Orders and the judgments in accordance with law consideration the above Government relied dy the petitioners wi - within a period of three copy of this order (03) months from the date and communicate the of receipt of a same to the petitioners. 4. Accordingly, this Writ as to costs. Petition is disposed of. There shall de no order 4 As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRY //TRUE COPY// SE FICER To, 1. The State of Andhra Pradesh, Rep. by its Special Chief Secretary, Water Resources Department, AP Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Special Collector, Telugu Ganga Project (TGP), Dargamitta, Near Nilagiri Sangam, Nellore city, SPSR Nellore District. 3. The Special Deputy Collector LA, Telugu Ganga Project (TGP), Rapur at Nellore, Dargamitta, Near Nilagiri Sangam, Nellore city, SPSR Nellore District. 4. One CC to Sri P Sridhar Reddy, Advocate [OPUC] 5. Two CCs to GP for Land Acquisition, High Court of Andhra Pradesh [OUT] 6. Two CCs to GP for Irrigation & CAD, High Court of Andhra Pradesh [OUT] 7. Two CD Copies RAM HIGH COURT DATED:25/06/2025 ORDER WP.No. 13216 of 2025 I 0 2 JUL 2025 1 -X disposing of the wp WITHOUT COSTS ’S