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2025 DAILYLAW 20661 (AP)

KUMBA BALAMURGAIAH v. THE STATE OF AP

WP/14602/2024 · 2025-01-06

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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APHC010291142024 IN THE HIGH COURT OF ANDHRA (Special Original Jurisdiction) MONDAY ,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA WRIT PETITION Between: 1. KUMBA BALAMURGAIAH, S/O GANGAIAH, AGED ABOUT 52 YEARS, 2. KUMBA SANTAMMA,, W/O MURAGAIAH, AGED ABOUT 50 YEARS, 3. PUJARI VANAMMA,, W/O PEDAKRISHNAIAH, AGED ABOUT 49 YEARS 4. PUJARI PEDA KRISHNAIAH,, S/O RAMAIAH, AGED YEARS, 5. KUMBA PADMAMMA,, W/O SUBRAMANYAM (LATE) AGED ABOUT 47 YEARS, 6. GURRAM SUBBARAJU,, S/O CHINA VENKATA SUBBAIAH, AGED ABOUT 48 YEARS, 7. GURRAM SUBHASHINI,, W/O SUBBRAJU, AGED ABOUT 49 YEARS, 8. JAVADI PADMAMMA,, W/O MURAGAIAH, AGE 9. PAGALI RAMANAMMA,, W/O ANJANEYULU, AGED ABOUT 47 YEARS, 10. KOLLETI VEERAIAH,, S/O BAKKAIAH, AGED ABOUT 49 YEARS. 11. GUNISETTY VENKATA LAKSHMI,, W/O BALA SUBRAMANYAM, AGED ABOUT 49 YEARS. 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY ,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 14602 OF 2024 KUMBA BALAMURGAIAH, S/O GANGAIAH, AGED ABOUT 52 KUMBA SANTAMMA,, W/O MURAGAIAH, AGED ABOUT 50 YEARS, PUJARI VANAMMA,, W/O PEDAKRISHNAIAH, AGED ABOUT 49 PUJARI PEDA KRISHNAIAH,, S/O RAMAIAH, AGED ABOUT 50 KUMBA PADMAMMA,, W/O SUBRAMANYAM (LATE) AGED ABOUT GURRAM SUBBARAJU,, S/O CHINA VENKATA SUBBAIAH, AGED GURRAM SUBHASHINI,, W/O SUBBRAJU, AGED ABOUT 49 JAVADI PADMAMMA,, W/O MURAGAIAH, AGED ABOUT 53 YEARS, PAGALI RAMANAMMA,, W/O ANJANEYULU, AGED ABOUT 47 KOLLETI VEERAIAH,, S/O BAKKAIAH, AGED ABOUT 49 YEARS. GUNISETTY VENKATA LAKSHMI,, W/O BALA SUBRAMANYAM, AGED ABOUT 49 YEARS. [3328] THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA KUMBA BALAMURGAIAH, S/O GANGAIAH, AGED ABOUT 52 KUMBA SANTAMMA,, W/O MURAGAIAH, AGED ABOUT 50 YEARS, PUJARI VANAMMA,, W/O PEDAKRISHNAIAH, AGED ABOUT 49 ABOUT 50 KUMBA PADMAMMA,, W/O SUBRAMANYAM (LATE) AGED ABOUT GURRAM SUBBARAJU,, S/O CHINA VENKATA SUBBAIAH, AGED GURRAM SUBHASHINI,, W/O SUBBRAJU, AGED ABOUT 49 D ABOUT 53 YEARS, PAGALI RAMANAMMA,, W/O ANJANEYULU, AGED ABOUT 47 KOLLETI VEERAIAH,, S/O BAKKAIAH, AGED ABOUT 49 YEARS. GUNISETTY VENKATA LAKSHMI,, W/O BALA SUBRAMANYAM, 2 12. KUMBA RAJAMMA,, W/O MURRAIAH, AGED ABOUT 46 YEARS. 13. KUMBA SUBRAMANYAM,, S/O VENKATAIAH, AGED ABOUT 48 YEARS. 14. KUMBA MURAGAIAH,, S/O VENKATAIAH, AGED ABOUT 56 YEARS, 15. KUMBA ANKAMMA,, W/O VENKATAIAH, AGED ABOUT 59 YEARS, 16. KUMBA BALA MURAGAIAH,, S/O GANGAIAH, AGED ABOUT 57 YEARS, 17. BHEEMAVARAM SUMAN,, S/O PENCHALAIAH, AGED ABOUT 52 YEARS, 18. BHEEMAVARAM VENKATESU,, S/O RAMANAIAH, AGED ABOUT 50 YEARS, 19. BHEEMAVARAM PENCHALAIAH,, RAMANAIAH, AGED ABOUT 49 YEARS, 20. CHINTA VENKATARATHNAM,, S/O LATE SEENAIAH, AGED ABOUT 45 YEARS, 21. BHEEMAVARAM SUSEELAMMA,, W/O PENCHALAIAH, AGED ABOUT 56 YEARS, 22. NALLAPALYAM SATHISH, S/O CHEERALAIAH, AGED ABOUT 49 YEARS, 23. DAMERA RATHNAMMA, W/O GOPAL NAIDU, AGED ABOUT 47 YEARS, 24. GURAM VENKATESU, S/O CHINA VENKATA SUBBAIAH, AGED ABOUT 58 YEARS, 25. DAMERA RAGHAVULU NAIDU, S/O VEERA SWAMY NAIDU, AGED ABOUT 54 YEARS, 26. CHINTA JAYAMMA, W/O BODAIAH, AGED ABOUT 49 YEARS, 27. GURRAM CHANDRAKALA, W/O SOMAIAH, AGED ABOUT 47 YEARS, 28. GURRAM VENKATAMMA,, W/O GOPAL, AGED ABOUT 49 YEARS, 3 29. GURRAM RAJESWARAMMA,, W/O SIDDAIAH, AGED ABOUT 48 YEARS. 30. CHINTA RANGAMMA,, W/O KRISHNAIAH, AGED ABOUT 48 YEARS, 31. CHINTA RAMANAMMA,, W/O SUBRAMANYAM, AGED ABOUT 48 YEARS, 32. CHINTA PADMAMMA,, W/O VENKATASUBBAIAH, AGED ABOUT 52 YEARS, 33. GURRAM VENKATA RAMANAIAH,, S/O PENCHALAIAH, AGED ABOUT 59 YEARS. ALL ARE RESIDING AT CHINTALAPALEM VILLAGE, YERPEDU MANDAL, CHITTOOR DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REP BY PRINCIPLE SECRETARY,(FINANCE DEPARTMENT), AP SECRETARIAT, AMARAVATI, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF AP, REP BY SPECIAL CHIEF SECRATARY,(WATER RESOURCES DEPARTMENT), AP SECRETARIAT, AMARAVATI, VELAGAPUDI, GUNTUR DISTRICT. 3. THE CHIEF ENGINEER, TELUGU GANGA PROJECT, TIRUPATI, TIRUPATI DISTRICT. 4. THE SPECIAL COLLECTOR LA TELUGU GANGA PROJECT, NELLORE, SPSR NELLORE. 5. THE SPECIAL DEPUTY COLLECTOR LA TELUGU GANGA PROJECT, RAPUR, SPSR NELLORE. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. VALLEPU JAGADEESH Counsel for the Respondent(S): 1. GP FOR LAND ACQUISITION 4 2. GP FOR IRRIGATION COMM AREA DEV 3. GP FOR FINANCE PLANNING The Court made the following ORAL ORDER: Heard Sri Vallepu Jagadeesh, learned Counsel for the Writ Petitioners and Sri M. Srinu Babu, learned Asst. Government Pleader for Finance and Planning. 2. It transpires from the record that, certain lands were acquired in the year 2017 for the purpose of making improvements of the tanks under the Telugu Ganga Project. The Government has moved the proposals for payment of exgratia and had approved vide Proceedings dated: 24.01.2021 (Ex.P.1). The Writ Petitioners herein were also such displaced persons who were now seeking payment of compensation/exgratia inasmuch as they were holding DKT Pattas as on the date of acquisition. The present Writ Petition has been filed challenging the inaction on the part of the Official Respondents in paying an amount of Rs.4,77,50,000/- in pursuance of the Proceedings dated: 24.01.2021 (Ex.P.1). 3. Learned Asst. Government Pleader has submitted the Written Instructions furnished by the Deputy Financial Advisor & Ex. Officio, Deputy Secretary to Government for Principal Secretary to Government dated: 03.01.2025. The relevant portion is usefully extracted hereunder: “It is learnt that the WP. No. 14602 of 2024 was filed in the Hon'ble Court with a request to payment of the compensation amount awarded Acquisition of DKT Lands to an extent of Ac.53.96 Cents in Chintalapalem Village of Yerpedu Mandal SPSR Nellore District for excavation of Somasila Swarnamukhi Link Canal from KM 39.00 to KM100.425 for improvement of 7MI Tanks 2. On the above said WP, it is submitted that the W.R Department has sent a proposal (vide computer no.2519717) on 01.01.2025, for release of additional funds of Rs.477.50 lakhs to payment of the compensation amount awarded Acquisition of DKT Lands. The file is under process in Finance 5 Department for sanction of additional funds as requested by the W.R. Department.” 4. The above extract would indicate that the Government has admitted the entitlement of the Writ Petitioners herein and would state that the File is under process in Finance Department for sanction of additional funds as requested by the Water Resources Department. 5. Having regard to the above extract, this Court deems it appropriate to dispose of this Writ Petition with a direction to the Official Respondents and the Officer who has furnished the Written Instructions that the file which is under process shall be expedited and the dues shall be paid to the Writ Petitioners within a period of sixteen (16) weeks from today. 6. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 7. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 06.01.2025 Mnr 6 145 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No.14602 OF 2024 Dt.06.01.2025 Mnr