APHC010310702024 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: 15692/2024 Between: 1. MAKIREDDY SATYAVATHI, W/O LATE DALINAIDU, AGED 64 YEARS, R/AT RAMANNAPALEM VILLAGE, MAKAVARAPALEM MANDAL, ANAKAPALLI DISTRICT OF ANDHRA PRADESH STATE-531113. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MEDICAL AND HEALTH DEPARTMENT, SECRETARIAT BUILDINGS, NELAPADU VILLAGE, AMARAVATI, GUNTUR DISTRICT. 2. THE DIRECTOR OF MEDICAL EDUCATION OF A P, HANUMANPET, VIJAYAWADA. 3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, NELAPADU VILLAGE, AMARAVATI, GUNTUR DISTRICT. 4. THE DIRECTOR WORKS PAY AND ACCOUNTS OFFICE, AUTONAGAR, MANGALAGIRI-522503. GUNTUR DISTRICT OF ANDHRA PRADESH. 5. THE CEO, APCFSS, AUTONAGAR, MANGALAGIRI-522503. GUNTUR DISTRICT OF ANDHRA PRADESH. 6. THE COLLECTOR, DISTRICT COLLECTORATE OFFICE, ANAKAPALLI, ANAKAPALLI DISTRICT, ANDHRA PRADESH- 531001. 7. THE REVENUE DIVISIONAL OFFICER, NARISIPATNAM, NARISIPATNAM MANDAL, ANAKAPALLI DISTRICT-532201. 8. THE TAHSILDAR, , MAKAVARAPALEM MANDAL, MAKAVARAPALEM, ANAPALLI DISTRICT OF ANDHRA PRADESH- 531113. 9. THE DISTRICT HORTICULTURE OFFICER, ANAKAPALLI, ANAKAPALLI DISTRICT, ANDHRA PRADESH- -531001. ...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 tomay be pleased to issue an order or direction or Writ more particularly the nature of Writ of Mandamus by declaring 2 the action of the respondents the respondents are not released the one m eligible adequate compensation of an amount of Rs.l0,92,460/-regarding existing horticulture trees on ground i.e., Mango, Cashew and Coconut trees in land covered in Survey no. 129-3 and an extent of Ac. 1.78 Cents and in Survey no. 132-5 and an extent of Ac. 2.61Cents in total admeasured an extent of Ac. 4-39 cents situated at Bheemaboyinapalem Village, Makavarapalem Mandal, Anakapalli District which acquired for establishment of Government Medical College in Bheemaboyinapalem village is illegal, arbitrary and contrary to the Proceedings of the 7th respondent vide its were numbered L.Dis.No. 04/2023/SA(A)/Dt.05.07.2023. dated 05.07.2023 and consequently direct the respondents to release the eligible adequate compensation of an amount of Rs. 10,92,460/- (Rupees Ten Lakhs Ninety Two Thousand Four Hundred and Sixty Only) and pass such 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 may be pleased to direct the Respondents to release the petitioner’s eligible adequate compensation of an amount of Rs. 10,92,460/- (Rupees Ten Lakhs Ninety Two Thousand Four Hundred and Sixty Only) and to pass such Counsel for the Petitioner: 1. SIMHACHALAM KARUKOLA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR LAND ACQUISITION 3. GP FOR MED HEALTH AND FAMILY WELFARE 4. GP FOR FINANCE PLANNING 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.15692 of 2024 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue an order or direction or Writ more particularly the nature of Writ of Mandamus by declaring the action of the respondents, the respondents are not released the eligible adequate compensation of an amount of Rs.10,92,460/-regarding existing horticulture trees on ground i.e., Mango, Cashew and Coconut trees in land covered in Survey no.129-3 and an extent of Ac.1.78 Cents and in Survey no.132-5 and an extent of Ac. 2.61 Cents in total admeasured an extent of Ac.4-39 cents situated at Bheemaboyinapalem Village, Makavarapalem Mandal, Anakapalli District, which acquired for establishment of Government Medical College in Bheemaboyinapalem village is illegal, arbitrary and contrary to the Proceedings of the 7th respondent vide its numbered L.Dis.No.04/2023/SA(A)/Dt.05.07.2023 dated 05.07.2023 and consequently direct the respondents to release the eligible adequate compensation of an amount of Rs.10,92,460/- (Rupees Ten Lakhs Ninety Two Thousand Four Hundred and Sixty Only) 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 4. Learned counsel for the petitioner submits that the respondents have neither disputed the acquisition of the land nor the petitioner’s entitlement to compensation. 5. The Learned State counsel has furnished proceedings dated 24.09.2024 (forms part of record), addressed by the Deputy Secretary to Government, Finance Department, A.P.Secretariat to the learned Government Pleader for Finance, High Court of Andhra Pradesh. On perusal of the said written instructions, it transpires that balance amount of Rs.33,32,248/- was lapsed by the end of 2022-23 financial year and request was made to sanction the budget for payment of balance compensation amount i.e., Rs.10,92,460/- to be paid to the petitioner. 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 24.09.2024 as and when bill is received from concerned Department, the same will be examined and cleared by the concerned Department, after due verification. 8. As the respondents have not disputed the payment, the present Writ Petition is disposed of directing the respondents to pay the compensation to the petitioner 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