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2025 DAILYLAW 16801 (AP)

DASARIRAJU VIJAYA BHASKAR v. THE STATE OF ANDHRA PRADESH

WP/13096/2025 · 2025-06-24

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

4, Ml APHC010223572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special original Jurisdiction) '<S II WEDNESDAY, THE TWENTY FIFTH DAY OF JUN^ \ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA A: WRIT PETITION NO: 13096 OF 2025 Between: 1. Dasariraju Vijaya Bhaskar, son and L.R of the late Dasariraju Dasaradha Ramaraju @ Dasaradha Raju, aged about 40 years Occ agricultural Coolie R/o Gandrupalli Village, Rapur Mandal, SPSR Nellore District Dasariraju Ashok, son and L.R of the late Dasariraju Dasaradha Ramaraju @ Dasaradha Raju aged about 42 years Occ service R/o Gandrupalli Village, Rapur Mandal, SPSR Nellore District Dasariraju Ankamaraju, son and L.R of the late Dasariraju Dasaradha Ramaraju @ Dasaradha Raju aged about 44 years Occ Service R/o Gandrupalli Village, Rapur Mandal, SPSR Nellore District Shaik Nannebacha,, S/o. Late Masum Saheb and LR and Son of Sk.Masumbee @ Nannebee aged about 46 years, Occ Service R/o. Vandluru Colony, Nellore Bit-1 Village, Nellore Rural Mandal, SPSR Nellore District. Sk.Kalesha Saheb, S/o. Hussain Saheb aged about 73 years, Occ agricultural Coolie R/o.Vandluru Colony, Nellore Bit-1 Village, Nellore Rural Mandal, SPSR Nellore District. Shaik Kadhar Bee, , since died rep. by her husband and L.R, Shaik Kalesha Shaik Kalesha Saheb S/o. Hussain Saheb, aged about 73 years, Occ agricultural Coolie R/o.Vandluru Colony, Nellore Bit-1 Village, Nellore Rural Mandal, SPSR Nellore District. Panthagiri Venkatesh, S/o. Sundaraiah aged about 59 years, Occu agricultural Coolie R/o Gundavolu Village, Rapur Mandal, SPSR Nellore District Konduru Sankaraju, Son and L.R of late Konduru Narasaraju @ Narayan Raju S/o Venkata Raju aged about 55 years, Occ service R/o Gudur Town and Mandal, Tirupati District 2. 3. 4. 5. 6. 7. 8. 9. Konduru Srinivasulu Raju, Son and L.R of the late Konduru @ Narayana Raju S/o Venkata Raju aged about 53 ^ - service R/o Gudur Town and Mandal. Tirupati District 10. Regunta Penchalaiah, S/o. Venkata Narasaiah Narasaraju years, Occu , ^ . aged about 60 years, Occu agricultural Coolie R/o Obulayapally, Rapur Mandal SPSR Nellore District 11. Syed Rasool Bee, wife and L.R of the late Khaja Rahamthutla aged about 55 years, Occu agricultural Coolie R/o. Vandluru Colony Nellore Bit-1 Village, Nellore Rural Mandal, SPSR Nellore District. Madduluru Prameelamma, wife and LR of the deceased Madduluru Ravindra Raju, aged about 55 12. ^ ^ , years, Occu agricultural Coolie R/o. Gudur Town and Mandal, Tirupathi District. ...Petitioners AND 1. 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), Nilagiri Sangam, Nellore city, SPSR Nellore District’ The Special Deputy Collector LA, Telugu Ganga Project (TGP) “ at Nellore, Dargamitta, Near Nilagiri Sangam, Nellore city SPSR Nellore District. 2. Dargamitta, Near 3. Rapur ...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 representation dated 29- 07-2024 submitted by the petitioners for awarding payment of compensation for their assigned lands admeasuring Ac.24.06 Cents comprised in Sy. Nos 8/10, 62/7, 10/1, 10/5, 7/3, 8/5, 7/1, 8/8 10/4, 14/4, 10/3, 64/1, 2P, 62/5 and 63/4 of Suddamalla Village, Rapur mandal, SPSR Nellore District which were resumed for the purpose of foreshore submersion under Kandaleru of Telugu Ganga Project Reservoir par with patta lands which were acquired for the on 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 SUP (C) 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 the Constitution and consequently direct the respondents to pay compensation for the assigned lands of the petitioners admeasuring Ac.24.06 Cents comprised in Sy. Nos 8/10, 62/7, 10/1, 10/5, 7/3, 8/5, 7/1, 8/8, 10/4, 14/4, 10/3, 64/1, 2P, 62/5 and 63/4 of Suddamalla Village, Rapur mandal, SPSR Nellore District which 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 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 representation dated 29-07- 2024 submitted by the petitioners 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 may be pleased to direct the respondents herein to award the compensation for the assigned lands of the petitioners admeasuring Ac.24.06 Cents comprised in Sy. Nos 8/10, 62/7, 10/1, 10/5, 7/3, 8/5, 7/1, 8/8, 14/4, 10/3, 10/4, 64/1, 2P, 62/5 and 63/4 of Suddamalla Village, Rapur mandal, SPSR Nellore District which 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 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.I) department dated 21-06- 2016 duly considering the representation dated 29-07-2024 submitted to the respondent Nos 2 and 3 herein. Counsel for the Petitioners: SRI P SRIDHAR REDDY Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following order: APHC010223572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SEE [3329] r WEDNESDAY ,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13096/2025 Between: ...PETITIONER(S) Dasariraju Vijaya Bhaskar 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 The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13096/2025 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 29.07.2024 submitted by the petitioners for awarding payment of compensation for their assigned lands admeasuring Ac. 24.06 Cents comprised In Sy. Nos. 8/10, 62/7, 10/1, 10/5, 7/3, 8/5, 7/1, 8/8, 10/4, 14/4, 10/3, 64/1, 2P, 62/5 and 63/4 of Suddamalla Village, Rapur Mandal, SPSR Nellore District which 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 (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.24.06 Cents comprised in Sy. Nos. 8/10, 62/7, 10/1, 10/5, 7/3, 8/5, 7/1, 8/8, 10/4, 14/4, 10/3, 64/1, 2P, 62/5 and 63/4 of Suddamalla Village, Rapur Mandal, SPSR Nellore District which 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 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 29.07.2024 submitted by the petitioners to the respondent Nos. 2 and 3 herein and pass such other order. ” 3 % 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 Petition 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 29.07.2024 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 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// SECTION OFFICER To, 1. The Special Chief Secretary, Water Resources Department, State of Andhra Pradesh, A.P.Secretariat, Velagapudi, Amaravathi, Guntur District. fk-.: 2. 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. One CC to Sri P Sridhar Reddy, Advocate [OPUC] Two CCS to GP for Land Acquisition, High Court of Andhra Pradesh [OUT] Two CD Copies 3. 4. 5. 6. RAM HIGH COURT DATED:25/06/2025 ORDER WP.No. 13096 of 2025 DISPOSING OF THE WP WITHOUT COSTS