I ^ > APHC010231822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) \ is* 3 f ii. hO \v i WEDNESDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 12512 OF 2025 Between: 1. Gopidesi @ Gobidesi Venkatasubbaiah, S/o. Ramaiah, Aged about 54 years, R/o. Iskapalli Village, Marripadu Mandalam, Irlapadu, Marripadu, Nellore, Andhra Pradesh - 524312 2. Gopidesi @ Gobidesi Chinnaiah, S/o. Ramaiah, Aged about 59 years, R/o. Iskapalli, Irlapadu, Nellore, Andhra Pradesh - 524312 3. Gopidesi @ Gobidesi Prasad, S/o. Ramaiah, Aged about 39 years, R/o. Iskapalli, Marripadu Mandalam Irlapadu, Nellore, Andhra Pradesh - 524312. 4. Galiboina Venkateswarlu, S/o. G. Pedda Rosaiah, Aged about 58 years, R/o. Iskapalli, Irlapadu, Nellore, Andhra Pradesh - 524312 5. Galiboina Polaiah, S/o. Peda Rosaiah, Aged about 65 years, R/o. iskapalli, Irlapadu, Nellore Andhra Pradesh - 524312 6. Galiboina Pedda Rosaiah, S/o. Galiboina Achaiah, Aged about 89 years, R/o. Iskapalli, Irlapadu, Nellore, Andhra Pradesh - 524312 7. Bopparaju Krishnaiah, S/o. Vengaiah, Aged about 65 years, R/o. Iskapalli, Irlapadu, Nellore, Andhra Pradesh - 524312 8. Bopparaju Chinnakka, W/o. Rmanaiah, D/o. Kancharla Ramaiah, Aged about 65 years, R/o. Iskapalli, Irlapadu, Nellore, Andhra Pradesh - 524312 9. Galiboyana Ramanaiah, S/o. G. Peddha Roosaiah, Aged about 49 years, R/o. D.No. 5-144/d, Madhav Nagar, Rajiv Nagar, Tirupati (Urban), Chittoor, Andhra Pradesh - 517 10. Galiboina Peramma, W/o. Venkata Subbaiah, D/o. Ereti Nagaiah, Aged about 85 years, R/o. Iskapalli, Irlapadu, Nellore Andhra Pradesh - 524312 1 11. Galiboina Atchaiah, S/o. G. Polaiah, Aged about 76 years, R/o. Peddamachanuru, Marripadu, Chinnamachanur, Marripadu, Nellore, Andhra Pradesh - 52423 12. Galiboyina Krishnayya, S/o. G. Rosayya, Aged about 64 years, R/o. D.No. 2-129, Pradesh - 533126 13. Galiboyina Peddakka, W/o. Atchaiah, Aged about 68 years, R/o. Iskapalli, Irlapadu, Nellore, Andhra Pradesh - 524312 14. Annavarapu Vengaiah, S/o. Tirpalu, Aged about 55 years, R/o. Iskapalli, irlapadu, Nellore, Andhra Pradesh - 524312 A.M.G. Nagar, Muramanda, Kadiyams East Godavari, Andhra ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, (Irrigation Department) Secretariat Building, Velagapudi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, (Finance Department), Secretariat Building, Velagapudi, Guntur District. 3. The Chief Engineer, Telugu Ganga Project, Tirupati 4. The District Collector, Nellore, SPSR Nellore District. 5. The Special Collector LA, Telugu Ganga Project, Nellore, SPSR Nellore District. 6. The Special Deputy Collector Land Acquisition, Somasila Project, Atmakur Unit, 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 or order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents to pay the compensation amounts to the petitioners lands were acquired through Award no. 01/2024-2025, dated 27.05.2024 for the lands to an extent of Ac.22.70 iSk cents situated at Irlapdu Village, Marripadu Mandal, SPSR Nellore District. As per the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 and pay the compensation amount to the petitioners to an amount of Rs. 1,58,61,610/- with interest 15 p.a. from 27.05.2024, as per the Award passed by the 6'*^ respondent as arbitrary, illegal, violative of Articles 19, 21 and 300A of the Constitution of India and consequently direct the respondents to pay the above compensation amount immediately with the interest from date of award 27.05.2024 till the date of payment as per the Sec.80 of the Act. 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 respondent to pay the compensation an amount of Rs. 1,58,61,610/- to the petitioners lands were acquired through Award No. 01/2024-2025, dt: 27.05.2024 forthwith pending disposal of the writ petition. Counsel for the Petitioners: SRI M S R CHANDRA MURTHY Counsel for the Respondents: GP FOR LAND ACQUISITION Counsel for the Respondents: GP FOR IRRI AND CAD Counsel for the Respondents: GP FOR FINANCE PLANNING The Court made the following order: THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.12512 of 2025 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “...pleased to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents to pay the compensation amounts to the petitioners lands were acquired through Award No.01/2024- 2025, dated 27.05.2024 for the lands to an extent of Ac.22.70 cents situated at Irlapadu Village, Marripadu Mandal, SPSR Nellore District. As per the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 and pay the compensation amount to the petitioners to an amount of Rs.1,58,61,610/- with interest 15% p.a. from 27.05.2024, as per the Award passed by the 6 respondent as arbitrary, illegal, violative of Articles 19, 21 and 300A of the Constitution of India and consequently direct the respondents to pay the above compensation amount immediately with the interest from date of award 27.05.2024 till the date of payment as per the Sec. 80 of the Act ” th Heard learned counsel for the petitioners and learned counsel for 2. respondents. The respondent authorities have acquired the land of the petitioners for the public purpose and the respondents have not paid^ the compensation amount due. Hence, the present Writ Petition is filed. 3. 2 Learned counsel for the petitioners submits that the respondents have neither disputed the acquisition of the land nor the petitioners’ entitlement for compensation. 4. 5, The learned State counsel has furnished proceedings dated 05.05.2025 (forms part of record), addressed by the Special Deputy Collector (L.A), (FAC), Somasila Project, Atmakur to the learned Government Pleader for Land Acquisition, High Court of Andhra Pradesh, Relevant portion in the written instructions is extracted hereunder: “In this connection it is submitted that amount of Rs. 1,58,61,610/- relating to the present writ petitioners has not been uploaded in CFMS portal due to budget allotment is awaited. Simultaneously the Special Deputy Collector (L.A.), Somasila Project, Atmakur has requested the Chief Engineer, NTR TGP, Tirupathi for allotment of budget for pending Land Acquisition work vide Rc.A/05/2025 dt.05.02.2025. Soon after receipt of budget allotment the amount will be credited into the petitioners’ account.” '6. In the case of The D.F.O., South Kheri and Ors. vs. Ram Sanehi Singh\ The Apex Court held that when a State decides not to pay the dues with mala fide, with ulterior motives or arbitrarily or when the State avoids payment of the dues with mala fide, with ulterior motives, arbitrarily or when the State discriminates, while making {1971) 3 see 864 payment dues, such a decision of the State not to pay or such an act of the State of not paying its dues cannot be said to be wholly beyond the reach of Article 226, for asking the writ court to do is to force the State to act in accordance with its constitutional obligation by adhering to the letter and spirit of Articles 14 and 21 of the Constitution of India. In catena of cases this Court had held that where dispute revolves round questions of fact, the matter ought not to be entertained under Article 226 of the Constitution of India. In the present case, the respondents have not disputed the payment of compensation to the petitioner for the property acquired. The respondents have manifested in their written instructions dated 05.05.2025 that after receipt of budget allotment, the amount will be credited into the petitioners’ accounts. 7. As the respondents have not disputed the payment, the present Writ Petition is disposed of directing the respondents to pay the entitled compensation to the petitioners within a period of four (04) months from the date of receipt of a copy of this order. There shall be no order as to 8. costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- K TATA RAO DEPUDTY REGISTRAR //TRUE COPY// V ^ SECTTON OFFICER To, 1. The Principal Secretary (Irrigation Department), State of Andhra Pradesh, Secretariat Building, Velagapudi, Guntur District. 2. The Principal Secretary (Finance Department), State of Andhra Pradesh, Secretariat Building, Velagapudi, Guntur District. J. The Chief Engineer, Telugu Ganga Project, Tirupati 4. The District Collector, Nellore, SPSR Nellore District. 5. The Special Collector LA, Telugu Ganga Project, Nellore District. 6. The Special Deputy Collector Land Atmakur Unit, SPSR Nellore District. 7. One CC to Sri M S R Chandra Murthy, Advocate [OPUC] 8. Two CCs to GP for Land Acquisition, High Court of Andhra [OUT] 9. Two CCs to GP for Irrigation & CAD, High Court [OUT] SPSR Nellore Acquisition, Somasila Project Pradesh of Andhra Pradesh 10. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] Two CD Copies 11. RAM HIGH COURT } I r DATED:10/09/2025 ORDER WP.NO. 12512 OF 2025 2 0 SEP 2025 ^SsQjirent Sectiopx'^'^ DISPOSING OF THE WP WITHOUT COSTS