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2025 DAILYLAW 18954 (AP)

VUTUKURU BHASKAR REDDY v. THE STATE OF ANDHRA PRADESH

WP/13483/2025 · 2025-07-14

Subba Reddy Satti

body2025

Judgment text

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Lt,. APHC01O262562O25 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 3sVi TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 13483 OF 2025 Between: 1. Vutukuru Bhaskar Reddy, S/o. Late V. Nagi Reddy, aged about 55 years, D.No. 2/120, Krishnamgari Palle, Thonduru Mandal, YSR Kadapa District. Vutukuru Uma Maheswari, W/o. V. Bhaskar Reddy, aged about 42 years D.No. 2/120, Krishnamgari Palle, Thonduru Mandal, YSR Kadapa District. 2. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Guntur District. The District Collector, Kadapa District, Kadapa. The Revenue Divisional Officer Land Acquisition, Pulivendula Region, Pulivendula, YSR Kadapa District. 2. 3. ...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 Writ or order direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3^^ respondent in not disbursing the compensation amount of Rs.9,82,800/- vide demand draft No. 000765 dt. 17.10.2008 an amount of Rs. 1,23,600/- vide demand draft bearing No. - 0^ 000765 dt. 17.10.2008 awarded under Award no. 9/2008-09 dt. 06.09.2008 in respect of the lands of the 1®‘ Petitioner to an extent of Ac.4.19 cents in Sy.No. 601 and land of the 2'^^ Petitioner to an extent of Ac.4.00 cents in Sy.No. 601 and Ac.1.03 cents in Sy.No. 603 of Gundalamadugu Village, Thonduru Mandal, YSR Kadapa District, is as illegal, arbitrary and violation of Article 14, article 21 and 300A of the constitution of India and consequently direct the respondents to a release and pay the said compensation amount Rs. 9,82,800/- which was vide demand draft No. 000765 dt. 17.10.2008 an amount of Rs. 1,23,600/- vide demand draf bearing No. 000765 dt. 17.10.2008 as awarded in Award no. 9/2008-09 dt. 06.09.2008 along with all statutory benefits and interest under Land Acquisition Act, 1894 and also direct the 3'^^ Respondent to refer the Award No. 9/2008-09 dt. 06.09.2008 to the competent authority for enhancement of compensation on the award amount. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 3^^ respondent to release and pay compensation amount an amount of Rs.9,82,800/- which was under vide demand draft No.000765 dt. 17.10.2008 and an amount of Rs. 1,23,600/- vide demand draft bearing No.000765 dt. 17.10.2008 with interest as awarded in Award No.9/2008-09 dt.06.09.2008 pending writ petition in this Hon’ble Court. Counsel for the Petitioners: SRI S. LAKSHMINARAYANA REDDY Counsel for the Respondents: SRI G. DIVYA THEJA, ASST.GP FOR REVENUE The Court made the following order: APHC010262562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Mm [3331] TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY WRIT PETITION NO: 13483/2025 SATTI Between: 1.VUTUKURU BHASKAR REDDY, S/0 LATE V. NAGI REDDY, AGED ABOUT 55 YEARS, D.NO. 2/120, KRISHNAMGARI PALLE THONDURU MANDAL, YSR KADAPA DISTRICT 2.VUTUKURU UMA MAHESWARI,, W/0 V. BHASKAR REDDY, AGED ABOUT 42 YEARS D.NO. 2/120, KRISHNAMGARI PALLE THONDURU MANDAL, YSR KADAPA DISTRICT, ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH REVENUE REP. BY ITS PRINCIPAL DEPARTMENT, SECRETARY, VELAGAPUDI, GUNTUR DISTRICT. SECRETARIAT, 2.THE DISTRICT COLLECTOR, KADAPA DISTRICT, KADAPA. , land acquisition PULIVENDULA REGION, PULIVENDULA, YSR KADAPA DISTRICT. ...RESPONDENT(S): 3.THE REVENUE DIVISIONAL OFFICER Petition under Article 226 of the Constitution of India circumstances stated in the affidavit filed therewith pleased to issue Writ praying that in the the High Court may be or order direction more particularly one -in the nature of Writ of Mandamus declaring the action of the 3rd respondent in not disbursing e compensation amount of Rs.9,82,800/- vide demand drant No. 000765 dt. 17.10.2008 ■inn,.. Rs. 1,23,600/- vide demand draft bearing e0076b dl. 17,10.2008 awarded under Award No. no. 9/2008-09 dt. 06.09.2008 in SRS.J W.P.No.13483 of 2025 respect of the lands of the 1st Petitioner to an extent of Ac.4.19 cents in Sy.No. 601 and land of the 2nd Petitioner to an extent of Ac.4.00 cents in Sy.No. 601 and Ac.1.03 cents in Sy.No. 603 of Gundalamadugu Village, Thonduru Mandal, YSR Kadapa District, is as illegal, arbitrary and violation of Article 14, article 21 and 300A of the constitution of India and consequently direct the respondents to a release and pay the said compensation amount Rs. 9,82,800/- which was vide demand draft No. 000765 dt. 17.10.2008 an amount of Rs. 1,23,600/- vide demand draf bearing No. 000765 dt. 17.10.2008 as awarded in Award no. 9/2008-09 dt. 06.09.2008 along with all statutory benefits and interest under Land Acquistion Act, 1894 and also direct the 3rd Respondent to refer the Award No. 9/2008-09 dt. 06.09.2008 to the competent authority for enhancement of compensation on the award amount and pass such 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 respondent to release and pay compensation amount an amount of Rs.9,82,800/- which was under vide demand draft No.000765 dt. 17.10.2008 and an amount of Rs. 1,23,600/- vide demand draft bearing No.000765 dt. 17.10.2008 with interest as awarded in Award No.9/2008-09 dt.06.09.2008 pending writ petition in this Hon’ble Court and pass such Counsel for the Petitioner(S): 1.S LAKSHMINARAYANA REDDY Counsel for the Respondent(S): 1.GP FOR LAND ACQUISITION The Court made the following: :: ORDER :: Heard Sri S. Lakshmi Narayana, learned counsel for the petitioners and Sri G. Divya Theja, learned Assistant Government Pleader for Revenue appeared for the respondents. (f- SRS.J W.P.No.13483 of 2025 The Government acquired Ac.4.19 cents in Sy.No.601 of 1®' petitioner and Ac.4.00 cents in Sy.No.601; Ac.1.03 cents in Sy.No.603 of 2'^'^ petitioner, for the establishment of an Industrial park. An Award No.9/2008-09, dated 06.09.2008, was passed determining compensation of Rs.5,02,800/- in respect of Ac.4.19 cents in Sy.No.601; Rs.4,80,000/- in respect of Ac.4.00 cents in Sy.No.601 and Rs.1,23,600/- in respect of Ac.1.03 cents in Sy.No.603. The amount determined was deposited in O.S.No.14/2008 filed by one Smt. Lakshmi Devamma for the partition of schedule properties. 2. Learned counsel for the petitioner would submit that the suit in O.S.No.14 of 2008 was dismissed on 23.01.2014. Thereafter, an appeal filed by Smt. Lakshmi Devamma vide A.S.No.11 of 2014 was also dismissed on 30.11.2023. Learned counsel would also submit that no further appeal is filed against the judgment in A.S.No.11 of 2014. Learned counsel would also submit that the petitioners issued a legal notice dated 03.02.2025 (Ex.PI) to respondent No.3 to pay the compensation amount. However, the amount has not been paid so far. 3. 4. Sri G. Divya Theja, learned Assistant Government Pleader for Revenue, on instructions, would submit that the compensation amount determined in Award No.9/2008-09 dated 06.09.2008, has been credited to the suit in O.S.No.14 of 2008 vide LA,No.155 of 2008. He would also submit that the petitioners should have made an application before the Court wherein the amount is deposited. As seen from Form D filed along with writ petition, the Land Acquisition Officer determined Rs.11,06,400/- in respect of Ac.9.22 cents. Out of Ac.9.22 cents, in respect of Ac.4.00 cents, the name of the party is mentioned as Utukuru Lakshmi Devamma W/o Chinna Reddy (plaintiff in the aforementioned suit). The suit filed by said Utukuru Lakshmi Devamma was dismissed on 23.01.2014, and thereafter, an appeal filed vide A.S.No.11 of 5. SRS,J W.P.No.13483 of 2025 2014 was also dismissed on 30.11.2023. It is also an undisputed fact that the Land Acquisition Officer deposited the amount to the credit of the civil suit. Given the facts and circumstances of the case and since the civil dispute attained finality, the Writ Petition is disposed of, giving liberty to the petitioners to make an appropriate application before the learned Trial Court to withdraw the amount. If such an application is filed, the learned Trial Court shall consider the same and pass appropriate orders given the judgment in O.S.No.14 of 2008 as confirmed in A.S.No.11 of 2014. No order as to costs. 6. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- SHAiK MOHD. RAFi ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. The Principal Secretary Pradesh, Secretariat, Velagapudi, Guntur District. The District Collector, Kadapa District, Kadapa. The Revenue Divisional Officer Land Acquisition, Pulivendula Region, Pulivendula, YSR Kadapa.District. One CC to Sri S. Lakshminarayana Reddy, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] Two CD Copies Revenue Department, State of Andhra 2. 3. 4. 5. 6. Cnr HIGH COURT DATED;15/07/2025 ORDER WP NO. 13483 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS