RAGIPATI BONTHAMMA @ PADMAMMA v. THE GOVERNMENT OF ANDHRA PRADESH
WP/13219/2025 · 2025-06-24
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16832 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16832 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
15; APHC010223172025 IN THE HIGH COURT OF ANDHRA PRADE AT AMARAVATI Si? WEDNESDAY,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13219 OF 2025 Between: 1 .Ragipati Bonthamma @ Padmamma, W/o Ankaiah and LR of her deceased mother Kadiri Ramamma aged about 73 years, Occ agricultural coolie, R/o Kummaragunta colony H/o Kambhalapalli, Rapur Mandal, SPSR Nellore District
2. Vaddiboyina Kanthamma, W/o late Penchala Rathnam, aged about 83 years, R/o Podalakur Village and Mandal, SPSR Nellore District
3. Atia Penchalaiah @ Penchala Reddy, S/o late Venkata Subbaiah @ Venkata Subbareddy aged about 76 years, Occ agricultural coolie, R/o Yeturu Village, Chejerla Mandal, SPSR Nellore District
4. Nippatlapalli Rathnaiah son and LR of the late Chinna Karraiah,, aged about 48 years, Occu agricultural coolie, R/o Kummaragunta colony H/o Kambhalapalli, Rapur Mandal, SPSR Nellore District
5. Nippatlapalli Buddaiah son and LR of the late Pedda Karraiah,, aged about 74 years, Occu agricultural coolie, R/o Kummaragunta colony H/o Kambhalapalli, Rapur Mandal, SPSR Nellore District
6. Nippatlapalli Penchalaiah son and LR of late Nagaiah,, aged about 28 years, Occu agricultural coolie, R/o Kummaragunta colony H/o Kambhalapalli, Rapur Mandal, SPSR Nellore District
7. Nippatlapalli Ankaiah Son and LR of late Nippatlapalli Penchalaiah, and grandson and LR of the Late Nippatlapalli Pullamma, aged about 36 years, Occu agricultural coolie, R/o Kummaragunta colony H/o Kambhalapalli, Rapur Mandal, SPSR Nellore District
8. Chatia Nagamma wife and LR of the late Venkataiah, aged about 78 years, Occu agricultural coolie, R/o Kummaragunta colony H/o Kambhalapalli, Rapur Mandal, SPSR Nellore District
9. Nippatlapalli Venkateswarlu Son and L.R of the Late Nippatlapalli Ramanaiah, and grandson and LR of the late Atchaiah, aged about 48 years Occu agricultural coolie, R/o Kummaragunta colony H/o Kambhalapalli, Rapur Mandal, SPSR Nellore District
10. Nippatlapalli Venkataiah son and LR of the late Atchaiah,, aged about 75 years, Occu agricultural coolie, R/o Kummaragunta colony H/o Kambhalapalli, Rapur Mandal, SPSR Nellore District
11. Katiboyina Ankaiah, S/o Pitchaiah and legal representative of his mother late Katiboyina kondamma aged about 58 years. Occur agricultural coolie, R/o Kummaragunta colony H/o Kambhalapalli, Rapur Mandal, SPSR Nellore Distric ...Petitioners AND
1. The State of Andhra Pradesh, Rep. by its Principal 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. ...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 26- 12-2023 and 23-12-2023 submitted to respondent Nos 2 & 3 respectively for
awarding payment of compensation for the assigned lands admeasuring Ac.22.79 Cents comprised in Sy. Nos 434/P and 415/1, along with fruit bearing pomegranate, ber and drumstick trees assigned either to the petitioners or their predecessors and Ac.23.38 cents in Survey Nos.267-1, 391-5, 392-6, 393-17, 263-3, 390-8, 441-3, 264-1 & 2, 267-20, 392-11, 263- 10, 267-29, 390-5, 391-1, 256-1 to 3, 262-2, 263-14, 390-5, 441-27, 263-15, 391-2, 392-8, 390-7, 264-3 & 4, 267-7, 262-6 & 7, 267-34 and 390-4 of CJFS Lands which were allotted either to the petitioners or their predecessors as members of Cooperative Joint Farming Society situated in Kummarigunta, H/o. Kambalapalli Village, Rapur mandal, SPSR Nellore District which 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 judgement 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 therefore violative of Articles 14 & 300A of the Constitution of India and consequently direct the respondents to compensation for the assigned lands of the petitioners admeasuring Ac.22.79 Cents comprised in Sy.
Nos 434/P and 415/1 and Ac.23.38 cents in Survey Nos.267-1, 391-5, 392-6, 393-17, 263-3, 390-8, 441-3, 264-1 & 2, 267-20. 392-11, 263-10, 267-29, 390-5, 391-1, 256-1 to 3, 262-2, 263-14, 390-5, 441- 27, 263-15, 391-2, 392-8, 390-7, 264-3 & 4, 267-7, 262- 6 & 7, 267-34 and 390-4 of CJFS Lands along with the fruit bearing pomegranate ber and drumstick trees which were allotted either to the petitioners or their predecessors as members of Cooperative Joint Farming Society situated in Kummarigunta, H/o. Kambalapalli 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 Ho’ble Court in LAAS No 28 of 2019 and batch dated 05-11-2019 and the judgement of the were pay
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 23-12-2023 submitted by the petitioners respondent Nos 2 and 3 herein and pass. 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 herein to pay compensation for the assigned lands of the petitioners admeasuring Ac.22.79 Cents comprised in Sy. Nos 434/P and 415/1 and Ac.23.38 cents in Survey Nos.267-1, 391-5, 392-6, 393-17, 263-3, 390-8, 441-3, 264-1 & 2, 267-20, 392-11, 263-10, 267-29, 390-5, 391-1, 256- 1 to 3, 262-2, 263- 14, 390-5, 441-27, 263-15, 391-2, 392-8, 390-7, 264-3&4, 267-7, 262-6&7, 267-34 and 390-4 of CJFS Lands along with the fruit bearing pomegranate, ber and drumstick trees which were allotted either to the petitioners or their predecessors as members of Cooperative Joint Farming Society situated in Kummarigunta, H/o. Kambalapalli 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 judgement 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 department dated 21-06-2016 duly considering the representation dated 23- 12-2023 submitted to the respondent Nos 2 and 3 herein and pass. Counsel for the Petitioners: SRI P SRIDHAR REDDY Counsel for the Respondents: GP FOR IRRI AND CAD Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following Order: to the Revenue (Assn.l)
APHC010223172025 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: 13219/2025 Between: Ragipati Bonthamma @ Padmamma and Others ...PETITIONER(S) AND The Government Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner(S):
1.P SRIDHAR REDDY Counsel for the Respondent(S):
1.GP FOR LAND ACQUISITION 2.GP FOR IRRI AND CAD The Court made the following:
2 THE HON’BLE SRI JUSTICE VENKATESWARLU NI MM AG AD DA WRIT PETITION NO: 13219/2025
ORDER: This writ petition is fiied under Articie 226 of the Constitution of the india seeking the foiiowing reiiefs;-
"to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus under Article 226 of Constitution of India declaring the inaction of the respondents in considering the representations dated 26.12.2023 and 23.12.2023 submitted to respondent Nos. 2 & 3 respectively for awarding payment of compensation for the assigned lands admeasuring Ac.22.79 cents comprised in Sy.Nos. 434/P and 415/1, along with fruit bearing pomegranate, ber and drumstick trees assigned either to the petitioners or their predecessors and Ac. 23.38 cents in Survey Nos.267-1, 391-5, 392-6, 393-17, 263-3, 390-8, 441- 3, 264-1 & 2, 267-20, 392-11, 263-10, 267-29, 390-5, 391- 1, 256-1 to 3, 262-2, 263-14, 390-5, 441-27, 263-15, 391-2, 392-8, 390-7, 264-3 & 4, 267-7, 262-6 & 7, 267-34 and 390- 4 of CJFS Lands which were allotted either to the petitioners or their predecessors as members of Cooperative Joint Farming Society situated H/o.Kambalapalli 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 2008 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 therefore violative of Articles 14 & 300A of the Constitution of India and consequently direct the respondents to pay compensation for the assigned lands of the petitioners admeasuring Ac.22.79 cents comprised in Sy.Nos.434/P and 415/1 and Ac.23.38 cents in Survey Nos. 267-1, 391-5, 392-6, 393-17, 263-3, 390-8, 441-3, 264-1 & 2, 267-20, 392-11, 263-10, 267-29, 390-5, 391-1, 256-1 to 3, 262-2, 263-14, 390-5, 441-27, 263-15, 391-2, 392-8, 390-7, 264-3 & 4, 267-7, 262-6 & 7, 267-34 and 390-4 of CJFS Lands along with the fruit Kummarigunta, in
3 A AT- bearing pomegranate ber and drumstick trees which allotted either to the petitioners or their predecessors members of Cooperative Joint Farming Society situated in Kummarigunta, H/o.Kambalapalli 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 acquired for the same purpose in terms of the judgment of Hon’ble Court in LAAS No. 28 of 2008 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 vdth G.O.Ms.No.259 Revenue (Assn.l) department dated 21.06.2016 duly considering the representation dated 23.12.2023 submitted by the petitioners to the respondent Nos. 2 and 3 herein and pass such other order and further prayed to direct the respondents herein to compensation for the assigned lands of the petitioners admeasuring Ac.22.79 Cents comprised in Sy.Nos.434/P and 415/1 and Ac.23.38 cents In Survey Nos. 267-1, 391-5, 392-6, 393-17, 263-3, 390-8, 441-3, 264-1 & 2, 267-20, 392- 11, 263-10, 267-29, 390-5, 391-1, 256-1 to 3, 262-2, 263- 14, 390-5, 441-27, 263-15, 391-2, 392-8, 390-7, 264-3 4, 267-7, 262-6 & 7, 267-34 and 390-4 of CJFS Lands along with the fruit bearing pomegranate, ber and drumstick trees which were allotted either to the petitioners or their predecessors as members of Cooperative Joint Farming Society situated in Kummarigunta, H/o.Kambalapalli 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 2008 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 SLR (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 representation dated 23.12.2023 submitted 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 were as were pay
4 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 23.12.2023 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/- K. SRINIVASA RAJU ASSISTANT REGISTRAR / //TRUE COPY// SECTION OFFICER To,
1. The Principal 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.
2. The Special Deputy Collector LA, Telugu Ganga Project (TGP), Rapur at Nellore, Dargamitta, Near Nilagiri Sangam, Nellore city, SPSR Nellore District.
3. One CC to SRI. P SRIDHAR REDDY Advocate [OPUC]
4
4. TwoCCsto GP FOR LAND ACQUISITION, High Court of Andhra Pradesh. [OUT]
5. Two CCs to GP FOR IRRI AND CAD , High Court of Andhra Pradesh. [OUT]
6. Three CD Copies vna
HIGH COURT DATED:25/06/2025
ORDER W.P.No. 13219/2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS