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High Court of Andhra Pradesh · body

2025 DAILYLAW 16800 (AP)

PUVVADI VINUKONDAIAH v. THE STATE OF AP

WP/13240/2025 · 2025-06-24

Venkateswarlu Nimmagadda

body2025

Judgment text

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4 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI I APHC010223582025 (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: 13240 OF 2025 Between: 1. Puvvadi Vinukondaiah, S/o. Late Chengaiah Pedda Chengaiah aged about 76 years, Occu agriculture coolies, R/o. Venkateswar Nagar, Podalakur Village Mandal, SPSR Nellore District. 2. Nimmalla Ankamma, Wife and LR of the Late Nimmalla Subbaiah, S/o. Penchalaiah, Aged about 58 years. Occupation. Agriculture Coolies, R/o. Venkateswar Nagar, Podalakur Village & Mandal, SPSR Nellore District 3. Itta Chinna Nagaiah, Son and LR of the late Itta Narasaiah, S/o. Penchalaiah, R/o. Venkateswar Nagar, Podalakur Village and Mandal, SPSR Nellore District 4. Puvvadi Penchalamma Wife and LR of the late Anjaiah, S/o. Puvvadi Penchalaiah, @ Pedda Chengaiah and daughter in law and LR of the Late Puvvadi Penchalaih @ Pedda Chengaiah, aged aboutm 59 years. Occupation. Agriculture coolies, R/o. Venkateswar Nagar, Podalakur Village & Mandal, SPSR Nellore District ...Petitioner AND 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. f n 3. The Special Deputy Collector LA, Telugu Ganga Project (TGP), Rapur at Nellore, Dargamitta, Near Nilagiri Sangam, Nellore city, SPSR Nellore District. ...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 22- 07-2024 submitted by the petitioners to the respondents Nos 2 & 3 for awarding compensation for the CJFS lands admeasuring Ac.2.00 Cents comprised in Sy. Nos 670/4 & 11 (enjoyment recorded in Sy. Nos. 670/18 & 19) of the 1st petitioner, Ac.2.00 Cents comprised in Sy. Nos 670/17 & 18 (enjoyment recorded in Sy. Nos. 670/10 & 11) of the 2nd petitioner, Ac. 1.77 Cents comprised in Sy. Nos 670/2W & 25 (enjoyment recorded in Sy. Nos. 670/22, 23 & 24) of the 3rd petitroner and Ac.2.00 Cents comprised in Sy. Nos 670/6 & 7 (enjoyment recorded in Sy. Nos. 670/20 & 21) of the 4th petitioner assigned allotted to the 1st petitioner and the predecessors of petitioners Nos. 2 to 4 along with fruit bearing Mango, Lime, Cheeni and Rough Lemon trees and structures situated in Thokanchi Village, H/o. Dhachur, Kaluvoya 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 Hdh’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 300A of constitufidn of India and consequently direct the Articles 14 respondents to pay compensation for the CJFS lands of the petitioners admeasuring Ac.2.00 Cents comprised in Sy. Nos 670/4 & 11 (enjoyment recorded in Sy. Nos. 670/18 '& IS) of the 1st petitioner, Ac.2.00 Cents comprised in Sy. Nos 670/17 & 18 (enjoyment recorded in Sy. Nos. 670/10 & 11) of the 2nd petitioner, Ac. 1.77 Cents comprised in Sy. Nos 670/24 & 25 (enjoyment recorded in Sy. Nos. &70/22, 23 & 24) of the 3rd petitioner and Ac.2.00 Cents comprised in Sy.‘ Nos 670/6 & 7 (enjoyment recorded in Sy. Nos. 670/20 & 21) of the 4th petitioner along with fruit bearing Mango, Lime, Cheeni and Rough Lemon trees and structures situated in Thokanchi Village, H/o. Dhachur, Kaluvoya 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 Civil Appeal No. 2337 of 2021 arisirig 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 duly considering the representations dated 06-07-2024 submitted by ihe iDetitioners to the respondent Nos 2 and 3 herein ' 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 the respondents to pay compensation for the CJFS lands of the petitioners admeasuring Ac.2.00 Cepts comprised in Sy. Nos 670/4 & 11 (enjo3mient recorded in Sy. Nos. 670/18 & 19) of the 1st petitioner, Ac.2.00 Cents comprised in Sy. Nos 670/17 & 18 (enjoyment recorded in Sy. Nos. 670/10 & 11) of the 2nd petitiqnerj Ac. 1.77 Cents comprised in Sy. Nos 670/24 & 25 (enjoyment recorded in Sy. Nos. 670/22, 23 & 24) of the 3rd petitioner and Ac, 2.00 Cents comprised in Sy. Nos 670/6 & 7 (enjoyment recorded in Sy. Nos. 670/20 & 21) of the 4th petitioner along with fruit bearing Mango, Lime, Cheeni and Rough Lemon trees and structures situated in Thokanchi Village, H/o. Dhachur; Kaluvoya mandal, SPSR Neltore Dishict 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 Honhie Court in LAAS No 28 of 2019 and batch dated -i 05-11-2019 and the judgement of the Hon hie Supreme Court Civil Appeal No. 2337 of 2021 arising out of SLP fC) No. 8710 of 2021 and batch 4ated,07-07-2021 and batch read with G.O.Ms No 259 Revenue (Assn. I) department dated 21-06-2016 duly considering the representations dated 06-07-2024 submitted by the petitioners to the respondent Nos 2 and 3 herein Counsel for the Petitioner: SRI P SRIDHAR REDDY Counsel for the Respondents Np.l & 2: GP FOR IRRI AND CAD Counsel for the Respondent No^3: GP FOR LAND ACQUISTION The Court made the following: Or^er U' j.' "■ t ■ r "'t - y.' 1 APHC010223582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SEP [3329] WEDNESDAY ,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13240/2025 Between: ...PETITIONER Puvvadi Vinukondaiah AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1.P SRIDHAR REDDY Counsel for the Respondent(S): 1.GP FOR LAND ACQUISITION 2.GP FOR IRRIANDCAD The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13240/2025 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 representations dated 22.07.2024 submitted by the petitioners to the respondent Nos.2 and 3 for awarding compensation for the CJFS lands admeasuring Ac. 2.00 Cents comprised in Sy.Nos.670/4 & 11 (enjoyment recorded in Sy.Nos.670/18 & 19) of the 1 petitioner, Ac.2.00 Cents comprised in Sy. Nos.670/17 & 18 (enjoyment recorded in Sy.Nos.670/10 & 11) of the 2”^^ petitioner, Ac. 1.77 Cents comprised in Sy.Nos.670/24 & 25 (enjoyment recorded in Sy.Nos.670/22, 23 & 24) of the 3 petitioner and Ac.2.00 Cents comprised In Sy.Nos. 670/6 & 7 (enjoyment recorded in Sy.Nos.670/20 & 21) of the 4 petitioner assigned/allotted to the petitioner and the predecessors of petitioner Nos.2 to 4 along with fruit bearing Mango, Lime, Cheeni and Rough Lemon trees and structures situated in Thokanchi Village, H/o Dhachur, Kaluvoya 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 SLR (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 CJFS lands of the petitioners admeasuring Ac. 2.00 Cents comprised in Sy.Nos.670/4 & 11 (enjoyment recorded in Sy.Nos.670/18 & 19) of the petitioner, Ac.2.00 Cents comprised in Sy.Nos.670/17 & 18 (enjoyment recorded In Sy.Nos.670/10 & 11) of the 2"^^ petitioner, Ac. 1.77 Cents comprised in Sy.Nos.670/24 & 25 (enjoyment recorded in Sy.Nos.670/22, 23 & 24) of the 3^^ petitioner and Ac.2.00 Cents comprised in Sy.Nos.670/6 & 7 (enjoyment recorded St rd th 3 in Sy.Nos.670/20 & 21) of the 4'^ petitioner along with fruit bearing Mango, Lime, Cheeni and Rough Lemon trees and structures situated in Thokanchi Village, H/o Dhachur, Kaluvoya 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 Civil Appeal No.2337 of 2021 arising out of SLR (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 duly considering the representations dated 22.07.2024 submitted by the petitioners to the respondent Nos. 2 and 3 herein and pass such other order. ” 2. When the matter is taken up for hearing, learned counsel for the petitioners submits that the issue involved in this writ petition is squarely covered by the order dated 07.11.2023 passed by this Hon’ble Court in Writ Petiticm No.25606 of 2023. The same is not disputed by the learned Assistant Government Pleader for Land Acquisition. 3. In view of the same, for the reasons alike in the aforesaid order, this Court, in the interest of justice, feels it appropriate to dispose of this Writ Petition, directing the concerned respondent authority to consider and dispose of the petitioners’ representation dated 22.07.2024 in accordance with law by duly taking into consideration the above Government Orders and the judgments relied by the petitioners within a period of three (03) months from the date of 4 receipt of a copy of this order and communicate the same to the petitioners. 4. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// 4A SECTION OFFICER To, 1.The Special Chief Secretary, State of Andhra Pradesh, Water Resources Department, AP Secretariat,j 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 IRRIGATION AND COMMAND AREA DEVELOPMET, High Court of Andhra Pradesh [OUT] 6. Two CCs to GP FOR LAND ACOUISTION, High Court of Andhra Pradesh [OUT] 7. Three CD Copies r, gsg HIGH COURT DATED:25/06/2025 ORDER WP 13240/2025 DISPOSING THE WP WITHOUT COSTS