APHC010283872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 14345/2025 Between: 1. K RAMANAIAH, S/O MUNEIAH, AGED ABOUT 45 YEARS, OCC AGRICULTURE IRLAPADU, NELLORE DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, FINACEPLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH 3. THE SPECIAL COLLECTOR, TELUGUGANGA PROJECT, NELLORE, NELLORE DISTRICT, ANDHRA PRADESH 4. THE SPECIAL DEPUTY COLLECTOR, TELUGUGANGAPROJECT,(LAND ACQUISITION),ATMAKUR NELLORE DISTRICT ,ANDHRA PRADESH ...RESPONDENT(S): 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 topleased to issue Writ, or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents not paying the compensation amount to the petitioners as awarded under award no. 1-2024-25 dt. 25.07.2024 is illegal, arbitrary Highhanded and violation of Article 21 and 300-A Constitution of India and also contrary to provisions and Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and consequently direct the respondents to pay the compensation amount to the petitioners as awarded in the as award no. 1/2024-25 dt.25.05.2024 forthwith and pass IA 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 Counsel for the Petitioner: 1. S LAKSHMINARAYANA REDDY 2 Counsel for the Respondent(S): 1. GP FOR LAND ACQUISITION 2. GP FOR IRRIGATION COMM AREA DEV 3. GP FOR FINANCE PLANNING 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.14345 of 2025 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue Writ, or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents not paying the compensation amount to the petitioners as awarded under award no.1-2024-25 dt. 25.07.2024 is illegal, arbitrary Highhanded and violation of Articles 21 and 300-A Constitution of India and also contrary to provisions and Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and consequently direct the respondents to pay the compensation amount to the petitioners as awarded in the as award no.1/2024-25 dt.25.05.2024 forthwith and pass such other order or orders…” 2. Heard learned counsel for petitioner and learned counsel for respondents. 3. The respondent authorities have acquired the land of the petitioner for the public purpose and the respondents have not paid the compensation amount due. Hence, the present writ petition is filed. 4. Learned counsel for the petitioners submits that the respondents have neither disputed the acquisition of the land nor the petitioners’ entitlement to compensation. 5. The Learned State counsel has furnished proceedings dated 18.06.2025 (forms part of record), addressed by the Special Deputy 4 Collector, Somasila Project, to the learned Government Pleader for Land Acquisition, High Court of Andhra Pradesh. Relevant portion in the written instructions is extracted hereunder: “…After approval of award bill was prepared for an amount of Rs.62,34,484/- (Rupees Sixty two lakhs thirty four thousand four hundred and eighty four only) towards the compensation for the petitioners and others and submitted in CFMS Portal on 23.08.2024 vide CFMS No.2024-1268677 and sent to Assistant Pay and Accounts Officer, Works and Project-1, Nellore and the same was approved. After that the bill was returned due to "Bill returned to DDO as per Art.39 & 50 of AP Financial Code, Vol.I". After that the New bill number was not generated in CFMS portal. We are taking necessary action to generate the new bill number in CFMS portal and payment of compensation to the petitioners. Simultaneously, the Special Deputy Collector (L.A), Somasila Project, Atmkaur has requested the Chief Engineer, NTR TGP, Tirupathi for allotment of budget for award vide Rc.A/05/2025 dt.05.02.2025. Soon after receipt of budget allotment the amount will be credited into the petitioners accounts…” 6. In the case of The D.F.O., South Kheri and Ors. vs Ram Sanehi Singh1, 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 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. 1 (1971) 3 SCC 864 5 7. 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 18.06.2025 that after receipt of budget allotment the amount will be credited into the petitioners’ accounts. 8. 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 three (03) months from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 01.09.2025 KBN