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2025 DAILYLAW 17204 (AP)

THE SPECIAL COLLECTOR (LA) v. NIPPATLAPALLI NAGAIAH

WA/542/2024 · 2025-03-26

K Manmadha Rao, R Raghunandan Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO AND THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT APPEAL NO: 542 OF 2024 Writ Appeal under clause 15 of the Letters Patent Against the order dt- 03.01.2023 in WP No. 11504 of 2018 on the file of the High Court. Between; 1. The Special Collector (LA), Telugu Ganga Project, SPSR Nellore District, Andhra Pradesh. 2. The Special Deputy Collector (LA), Telugu Ganga Project, Nellore, SPSR Nellore District, Andhra Pradesh. ...Appellants/ Respondents in WP No. 11504 of 2018 AND 1. Nippatlapalli Nagaiah, S/o Ragaiah Aged about 57 years, Occ- Agriculture. 2. Kommala Venkataiah, S/o Venkata Narasaiah Aged about 75 years Occ-Agriculture. 3. Nippatlapalli Nagaiah, S/o Ragaiah Aged about 57 years, Occ- Agriculture. ^ii 4. Kommala Lakshminarasaiah, S/o Ragaiah Aged about 75 years, Occ- Agriculture. 5. Kesamaneni Pitchaiah, S/o Ramaswami Aged about 42 years, Occ- Agriculture. ...Respondents/ WP No. 11504 of 2018 6. The Government of Andhra Pradesh, Rep by its Principal Secretary Water Resources Department, Secretariat Velagapudi,Amaravathi, Guntur District. ...Respondent/Respondent lA NO: 2 OF 2024 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 suspend the operation of impugned order dated.03.01.2023 in WP No.11504 of 2018, pending disposal of the writ appeal. Counsel for the Appellants: GP FOR LAND ACQUISITION Counsel for the Respondent Nos. 1 to 4: SRI VIJAY KUMAR The Court made the following order: APHC010232912023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3525] WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT APPEAL NO: 542/2024 Between: The Special Collector (la) and Others ...APPELLANT(S) AND Nippatlapalli Nagaiah and Others Counsel for the Appellant(S): 1.GP FOR LAND ACQUISITION (AP) ...RESPONDENT(S) Counsel for the Respondent(S): 1. The Court made the following Judgment: (per Hon’ble Sri Justice R. Raghunandan Rao) Heard Learned Government Pleader for Land Acquisition appearing for the appellants and Sri Vijay Kumar, learned counsel appearing for the respondents. This Writ Appeal has been filed against the Common Order of the 2. Learned Single Judge of this Court, by an Order dated 03.01.2023, in W.P.Nos.11504 of 2018 & Batch. 2 A Writ Appeal has been filed against the Order, dated 3. 04.01.2023, in W.P.No.13187 of 2019, came up before this Court as W.A.No.997 of 2024 and has been disposed of certain direction, by an Judgment dated 06.01.2025. In view of the fact that the issues raised in the present case are similar to the facts and questions of law raised, in W.A.No.997 of 2024, this Writ Appeal is disposed of in terms of the Judgment of this Court, dated 06.01.2025, in W.A.No.997 of 2024, in the following manner:- “By modifying the Order of the Learned Single Judge to the effect that the respondents would be entitled to payment of compensation, in accordance with the Judgment of the Larger Bench in L.A.O. Cum Revenue Divisional Officer, Chevella Division vs. Mekala Pandu & Ors./ without any interest being included for the period between the date of payment of ex- gratia amounts to the date on which the writ petition has been filed. It may also be clarified that the said compensation has to be calculated under the provisions of the Land Acquisition Act, 1894.” There shall be no order as to costs. 4. As a sequel, pending miscellaneous petitions, if any, shall stand closed. i 1 2004(2) ALD 451 (LB) Sd/- M. RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary Water Resources Department, Government of Andhra Pradesh, Secretariat Velagapudi, Amaravathi, Guntur District. 2. One CC to Sri. Vijay Kumar Advocate [OPUC] 3. Two CCs to GP For Land Acquisition, High Court of Andhra Pradesh [OUT] 4. Three CD Copies GSC HIGH COURT DATED;26/03/2025 JUDGMENT WA.No.542 of 2024 ■1^ 0 7 JOR S Current Section ^ DISPOSING OF THE WA WITHOUT COSTS