1 APHC010301212016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3206] FRIDAY,THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 7078, 8024 & 17533 of 2016 W.P.No.7078 of 2016 Between: 1. TIRUMALASETTY SATYAVATHI, W/O LATE SOMAYYA @ NARAYYA, HINDU, OCC: HOUSE WIFE, R/O DOOR NO.1-12-28, MILIATARY ROAD, KONDAYYAPALEM, KAKINADA, EAST GODAVARI DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP BY PRINCIPAL SECRETARY, LAND ACQUISITION DEPARTMENT, SECRETARIAT, SAIFABAD, HYDERABAD. 2. LAND ACQUISITION OFFICER CUM REVENUE DIVISIONAL OFFICER, KAKINADA, EAST GODAVARI DISTRICT, ANDHRA PRADESH. 3. DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, KAKINADA, ANDHRA PRADESH 4. GOKIVADA VARALAKSHMI W/O LATE VENKATA RAMANA, HINDU, OCC: HOUSE WIFE, R/O DOOR NO.1-1A-22/2, MAHATMA VEEDHI, MILATARY ROAD, KONDAYYAPALEM, KAKINADA, EAST GODAVARI DISTRICT, ANDHRA PRADESH 5. GOKIVADA GANGADHARA ESWARA RAO S/O LATE VENKATARAMANA, HINDU, R/O DOOR NO.1-1A-22/2, MAHATMA VEEDHI, MILATARY ROAD, KONDAYYAPALEM, KAKINADA, EAST 2 GODAVARI DISTRICT, ANDHRA PRADESH. 6. GOKIVADA BALAKRISHNA S/O LATE VENKATA RAMANA, HINDU, R/O DOOR NO.1-1A/22/2, MAHATMA VEEDHI, MILATARY ROAD, KONDAYYAPALEM, KAKINADA, EAST GODAVARI 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 to issue Writ of Certiorari against Award No.9/2015 dt.25-04-2015 passed by the 2nd Respondent infavour of the Respondents No.4 to 6 despite objections made by the Petitioner and to call for records relating to Award No.9/2015 and examine the same with regard to compensation of amount awarded in respect of the schedule Property i.e. admeasuring an extent of 6612 Sq.ft in Sy.No.81/6A situated at Kondayyapalem, Military Road within limits of the Kakinada Municipal Corporation, Suryaraopet, Kakinada which was acquired by the official Respondents 2 and 3 under the Land Acquisition Act, 1984 and set-aside the award as illegal, irregular, contrary to the provisions of the land Acquisition Act, 1984 and offends Article 300-A of constitution of India and against the principles of natural justice and consequently direct the official Respondents to conduct enquiry and release the compensation to the petitioner family members' in respect of the schedule property in the interest of justice and pass IA NO: 1 OF 2016(WPMP 8522 OF 2016 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 dispense with the filing of certified copy of Award No.9/2015, dated 25.04.2015, in the interest of Justice. IA NO: 2 OF 2016(WPMP 9027 OF 2016 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 2nd Respondent not to disburse the awarded amounts to the Respondent No.4 to 6 as per Award No.9/2015 dt.25-04-2015 passed by the 2nd Respondent pending disposal of the above writ petition and pass IA NO: 5 OF 2016(WPMP 35055 OF 2016 3 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 IA NO: 1 OF 2018 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 vacates the interim order dated 09-03-2016 made in WPMP No.9027 of 2016 in W.P.No.7078 of 2016 and dismiss the Writ Petition, it was filed suppressing the facts and circumstances as otherwise Petitioners/Respondents 4 to 6 will suffer serious loss and grate hardship. 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 may be pleased to permit us/the petitioners No. 2 and 3 to come on record as Legal representatives of the deceased TirumalasettySatyavathi, Writ Petitioner in the present Writ Petition and pass Counsel for the Petitioner: 1. SARIPALLI SUBRAHMANYAM Counsel for the Respondent(S): 1. GP FOR LAND ACQUISITION (AP) 2. 0 3. M SRI ATCHYUT WRIT PETITION NO: 8024/2016 Between: 1. SRI MUMMIDI VENKATA REDDI,, S/O. LATE SURANNA. AGED ABOUT 75 YEARS, BUSINESS, D.NO.65-8-8/1A, MEHAR NAGAR. KONDAYYAPALEM, KAKINADA, EAST GODAVAR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRL. 4 SEERETARY, (REVENUE) SECRETARIAT, HYDERABAD. 2. THE DISTRIET COLLECTOR, EAST GODAVARI DISTRICT, KAKINADA. 3. THE REVENUE DIVISIONAL OFFICER CUM LAND AQUISATION OFFICER, KAKINADA, EAST GODAVARI DISTRICT. 4. THE TAHASILDAR, KAKINADA URBAN MANDAL. KAKINADA, EAST GODAVARI DISTRICT. ...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 toto issue an appropriate writ, order or direction, more particularly one in the nature of writ of Mandamus, declaring the action of the respondents for not disbursing the award amount as per award No.9/2015 dt.25/04/2015 for Sy.No.81/6C admeasuring 0.9760 Sq.Ft and in Sy.No. 81/12C admeasuring 0.747 Sq.Fts, situated in Suryarao Peta, Kondayyapalem village, Kakinada Urban Mandal, East Godavari District as illegal and seeking to declare the notice dt.. 08/2015 vide Ref No. B/927/2010 to submit link documents after passing of the award is voilate of law in view of the facts IA NO: 1 OF 2016(WVMP 3628 OF 2016 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 vacate the interim order dt.06.04.2016, in WPMP No. 10201/16, in WP No. 8024/16. IA NO: 2 OF 2016(WPMP 10201 OF 2016 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 3rd respondent to disburse the award amount as per award No.9/2015 dt.25/04/2015 for Sy.No.81/6C admeasuring 0.9760 Sq.Ft and in Sy.No. 81/12C admeasuring 0.747 Sq.Fts, situated in Suryarao Peta, Kondayyapalem village, Kakinada Urban Mandal, East Godavari District forthwith pending disposal of the above Writ Petition IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances 5 stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to permit the proposed implead petitioners to be impleaded as respondents 5,6,7 and 8 being the proper and necessary parties in the above Writ Petition 8024 of 2016 by amending the cause title and afford us an opportunity to contest the writ petition and pass Counsel for the Petitioner: 1. K V SESHAGIRI RAO Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. GP FOR LAND ACQUISITION (AP) WRIT PETITION NO: 17533/2016 Between: 1. TIRUMALASETTY SAVITHRI, W/O.LATE VENKATA SWAMY AGED ABOUT 71 YEARS, R/O.DOOR NO.1-12-27, TIRUMALASETTY VARI STREET, MILATARY ROAD, KONDAYYAPALEM, KAKINADA, EAST GODAVARI DISTRICT. 2. TIRUMALASETTY VEERABADHRA RAO, S/O.LATE VENKATA SWAMY AGED ABOUT 56 YEARS, OCC : EMPLOYEE AP PAPER MILL, RAJAHMUNDRY, R/O.DOOR NO.1-12-27, TIRUMALASETTY VAN STREET, MILATARY ROAD, KONDAYYAPALEM, KAKINADA, EAST GODAVARI DISTRICT. 3. TIRUMALASETTY SRINIVAS, S/O.LATE VENKATA SWAMY AGED ABOUT 44 YEARS, R/O.DOOR NO.1-12-27, TIRUMALASETTY VARI STREET, MILATARY ROAD, KONDAYYAPALEM, KAKINADA, EAST GODAVARI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE (LA) DEPARTMENT, SECRETARIAT BUILDINGS, HYDERABAD 2. THE DISTRICT COLLECTOR, KAKINADA, EAST GODAVARI 6 DISTRICT. 3. THE LAND ACQUISITION OFFICER AND REVENUE, DIVISIONAL OFFICER, KAKINADA, EAST GODAVARI DISTRICT. 4. THE TAHSILDAR, KAKINADA URBAN MANDAL, KAKINADA, EAST GODAVARI DISTRICT. 5. MUMMIDI VENKATA REDDY, S/O.LATE SURANNA, AGED ABOUT 70 YEARS, R/O.D.NO.65-8-8/ 1A, MOHAN NAGAR, KONDAYYA PALEM, KAKINADA, EAST GODAVARI DISTRICT. ...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 toto issue an order or direction more particularly one in the nature of Writ of MANDAMUS (a) declaring the action of respondents without conducting survey of the land or refer the matter to the Civil Court U/ s.30 of LA Act to decide the dispute in respect of land situated in Sy.No.81/6 land and sub division if any effected in ROB, Kondayyapalem, Kakinada Urban, East Godavari District and paid the compensation to the petitioners to an extent of 141 square yards instead of about 741 square yards is illegal, arbitrary and violation of Articles 14, 21 and 300 A of Constitution of India apart from violation of principles of nature justice and contrary to the provisions of Land Acquisition proceedings. (b) Consequently direct the respondents not to release the total compensation to the Respondent No.5 in respect of land situated in Sy.No.81/6 / 81/6C of Kondayyapalem, Kakinda Urban Mandal, East Godavari District effected in ' construction of ROB as per the Award No.9 /2015 dated 25.04.2015 without conducting the survey or refer the matter to the competent to Civil Court U/ s.30 of LA Act to identify the title right over the property and pass such other order or orders as this Hon'nbe4 Court may deem fit and proper in the circumstances of the case. IA NO: 1 OF 2016(WVMP 2985 OF 2016 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 Vacate the interim stay granted in W.P. No. 17533/2016 dated 08.07.2016 and extended from time to time pending disposal of the writ petition, and pass 7 IA NO: 2 OF 2016(WVMP 3630 OF 2016 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 vacate the interim order dt. 08.06.2016, in WP No. 17833/16. IA NO: 3 OF 2016(WPMP 21542 OF 2016 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 direct the respondents not to release the total compensation to the Respondent No.5 in respect of land situated in Sy.No.81/6 or 81/6C of Kondayyapalem, Kakinda Urban Mandal, East Godavari District effected in construction of ROB as per the Award No.9/2015 dated 25.04.2015 till conducting the survey or refer the matter to the competent to Civil Court U/s.30 of LA Act to decide the dispute among the petitioners and the Respondent No.5 in respect of right and title over the property and pass such other order or orders as this Honble Court may deem fit and proper in the circumstances of the case. IA NO: 1 OF 2017(WPMP 32697 OF 2017 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 issue an order or direction more particularly one in the nature of WRIT OF MANDAMUS (a) declaring the action of respondents without conducting survey of the land or refer the matter to the Civil Court u/s 64 of LA Act 30 of 2013 to decide the dispute in respect of land situated in Sy No 81/6 land and sub division if any effected in ROB, Kondayyapalem, Kakinada Urban, East Godavari District and paid the compensation to the petitioners to an extent of 141 square yards instead of about 741 square yards and intending to pay the total compensation to the 5th respondent is illegal, arbitrary and violation of Art 14, 21 and 300- A of Constitution of India apart from violation of Principles of Natural Justice ad contrary to the provisions of Land Acquisition proceedings; (b) consequently direct the respondents not to release the total compensation to the 5th Respondent in respect of land situated in Sy No 81/6; 81/6C of Kondayyapalem, Kakinada Urban Mandal, East Godavari District effected in construction of ROB as per the Award No 9/2015 dated 25.04.2015 without conducting the survey or refer the matter to the competent Civil Court u/s 64 of the LA Act 30 of 2013 to identify the title 8 right over the property and deposit compensation amount before the competent authority under Sec 77 (2) of the said Act till finalization of the dispute by the competent civil court and pass IA NO: 1 OF 2019 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 authorities to refer the matter to competent authority / civil court under section64 and 77(2) OF LAND ACQUISITION act (act 30) 2013 to decide the title dispute in respect of petition scheduled land situated in sy.No.81/6 of kondayyapalem Kakinada, East Godavari District in between the petitioners and respondent No.5 for the land acquired for cosntriction of ROB and pass IA NO: 1 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 pleased to permit the proposed implead petitioners to be impleaded as respondents 6,7,8 and 9 being the proper and necessary parties in the above Writ Petition 17533 of 2016 by amending the cause title and afford us an opportunity to contest the writ petition and pass Counsel for the Petitioner(S): 1. K SATYANARAYANA MURTHY Counsel for the Respondent(S): 1. GP FOR LAND ACQUISITION (AP) 2. K V SESHAGIRI RAO 9 The Court made the following common Order: Certain extents of land was acquired for the purpose of construction of Railway Over Bridge across Kondayyapalem Railway Gate, Kakinada. This acquisition was initiated by a notification under Section 4(1) of the Land Acquisition Act, 1984, dated 22.09.2012. 2. This acquisition culminated in an award, dated 25.04.2015. Under the said award, the persons shown as the owner of the affected land, were awarded various amounts. 3. Thereafter, Smt. Tirumalasetty Savithri, the writ petitioner in W.P.No.17533 of 2016 and two other persons filed a representation before the District Collector contending that an extent of 0.9760 sq.yards of land in Sy.No.81/6C belongs to them, but the compensation for this land is sought to be paid to the petitioner in W.P.No.8024 of 2016. On account of this complaint, the payment of compensation to this extent was stopped. It appears that the petitioner in W.P.No.8042 of 2016 was also not paid compensation in relation to another piece of land in Sy.No.81/12C. However, the said payment was made subsequently. In any event, there is no controversy over this extent of land. 4. The petitioner being aggrieved by the non-payment of compensation in relation to the land in Sy.No.81/6C, filed W.P.No.8024 of 10 2016 for a direction to the respondents to pay compensation as per the award, dated 25.04.2015. 5. The petitioner in W.P.No.7078 of 2016 claims ownership over 6612 sq.feet in Sy.No.81/6A and has approached this Court contending that no compensation is being paid to her in relation to this land while respondents 4 to 6 in the said writ petition are sought to be paid the said compensation. 6. Smt. Tirumalasetty Savithri, who had raised objections in relation to the grant of compensation for land in Sy.No.81/6C to the petitioner in W.P.No.8024 of 2016, has approached this Court, by way of W.P.No.17533 of 2016 contending that her objection to grant of compensation to the petitioner in W.P.No.8024 of 2016 is not being considered. 7. Sri K.V. Seshagiri Rao, learned counsel for the petitioner in W.P.No.8024 of 2016 would contend that Smt. Tirumalasetty Savithri had raised untenable objections and claims over the land and the said fact can be seen by the discrepancy between the date on which the objections were raised and the date on which compensation was stopped. He would contend that the objections were raised by Smt. T. Savithri on 27.08.2015 while the Land Acquisition Officer had issued a notice on 17.08.2015, allegedly on the basis of the complaint raised by Smt. T. Savithri. 8. Though the contentions raised by Sri K.V. Seshagiri Rao would merit further consideration, this Court is of the opinion that these three writ petitions raise various complicated questions of fact involving a decision on the ownership of the land. These issues would at best be resolved by an 11 appropriate civil Court. As the objections have already been raised by way of representation of Smt. T.Savithri and others, which is already under consideration by the Land Acquisition Officer, it would be appropriate to direct the Land Acquisition Officer to refer all the claims raised by the petitioners as well as the private respondents in these three writ petitions, to the civil Court, as provided under section 64 of the 2013 Act. The said reference shall be made within a period of one month from the date of receipt of this order. Needless to say, the compensation payable in relation to the lands for which compensation has been stopped, shall be deposited with the civil Court along with the reference. 9. In view of the fact that the acquisition is of the year 2012, there shall also be a further direction to take up the reference on a priority basis and to dispose of the reference within a period of six months thereafter. 10. Accordingly, these Writ Petitions are disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. _______________________ R.RAGHUNANDAN RAO,J RJS 12 HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION Nos.7078, 8024 and 17533 of 2016 (per Hon’ble Sri Justice R. Raghunandan Rao) Dt: 19.09.2025 RJS