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High Court of Andhra Pradesh · body

2025 DAILYLAW 23582 (AP)

B S PRAMODH v. THE STATE OF ANDHRA PRADESH

WP/16771/2025 · 2025-07-08

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010332862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE NINTH DAY OF JULY - TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16771 OF 2025 Between: B S Pramodh, S/o.B Srinivasulu Naidu, aged about 33 years, Represented by his regd. GPA holder and Father B.Srinivasulu Naidu, S/o..B.Siddaiah Naidu, aged about 66 years, R/o. Flat No 301, Sai Srinivasa YVSR Enclave, Sai Nagar, Tirupati. Tirupati Dist. ...Petitioner AND 1. The State Of Andhra Pradesh, Represented by its Principal Secretary, Revenue (L and A) Department, Secretariat Buildings, Amaravathi, Andhra Pradesh. 2. The District Collector, (presently Tirupati District, Tirupati), Previously Chittoor District, Chittoor. Velagapudi ...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 a Writ, Direction, Order or Orders more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly the action of the respondent No. 2 in not paying the total amountof Rs. 4,65,651/- (Rs. 3,94,160 + 37,627 + 33,864) as on 31.03.2025 and there after an interest of 15% from 01.04.2025 till payment on Rs.4,77,770/- under Section 80 of Right to Acquisition Rehabilitation and Fair Compensation and Transparency in Land Resettlement Act, 2013 and Rs.37,627/-, violative of Article 300-A, Article 21 of the Constitution of India and Human m w ^ 3 Rights and consequentially direct the 2nd respondent to pay a total amount of Rs. 4,65,651/- (Rs. 3,94,160 + 37,627 + 33,864) as on 31.03.2025 and an interest of 15% on Rs.4,77,770/- and Rs.37,627/-, thereon from 01.04.2025 till the payment made by considering the representation ot the petitioner dated 09.04.2025. 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 direct the 2nd respondent to consider the representation of the petitioner dated 09.04.2025 for payment of the amount of Rs. 4,65,651/- (Rs. 3,94,160 + 37,627 + 33,864) pending disposal of the above Writ petition. Counsel for the Petitioner: SRI P SREE RAMULU NAIDU Counsel for the Respondents: GP FOR REVENUE The Court made the following Order: ::1:: APHC010332862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16771/2025 Between: 1.B S PRAMODH, S/O.B SRINIVASULU NAIDU, AGED ABOUT 33 YEARS, REPRESENTED BY HIS REGD. GPA HOLDER AND FATHER B.SRINIVASULU NAIDU, S/O..B.SIDDAIAH NAIDU, AGED ABOUT 66 YEARS, R/0. FLAT NO 301, SAI SRINIVASA YVSR ENCLAVE, SAI NAGAR, TIRUPATI. TIRUPATI DIST. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINICPAL SECRETARY, REVENUE (L AND A) DEPARTMENT, SECRETARIAT BUIDLINGS ANDHRA PRADESH. 2.THE DISTRICT COLLECTOR, (PRESENTLY TIRUPATI DISTRICT, TIRUPATI), PREVIOUSLY CHITTOOR DISTRICT, CHITTOOR. ...RESPONDENT(S): VELAGAPUDI, AMARAVATHI, ::2:: 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 a Writ, Direction, Order or Orders more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly the action of the respondent No, 2 in not paying the total amount of Rs. 4,65,651/- (Rs. 3,94,160 plus 37,627 33,864) as on 31.03.2025 and there after an interest of 15percent from 01.04.2025 till payment on Rs.4,77,770/- under Section 80 of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 and Rs.37 ,627/-, violative of Article 300-A, Article 21 of the Constitution of India and Human Rights and consequential! y direct the 2nd respondent to pay a total amount of Rs. 4,65,651/- (Rs. 3,94,160 plus 37,627 plus 33,864) as on 31.03.2025 and an interest of 15percent on Rs.4,77,770/- and Rs.37,627/-, thereon from 01.04.2025 till the payment made by considering the representation ot the petitioner dated 09.04.2025 and to pass Counsel for the Petitioner: 1.P SREE RAMULU NAIDU Counsel for the Respondent(S): 1.GP FOR REVENUE a ::3:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16771 of 2025 The Court made the following: ORDER: The Writ Petition under Article 226 of the Constitution of India is filed by the Petitioner for the following relief: “..to issue a Writ Direction Order or Orders more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly the action of the respondent No.2 in not paying the total amount of Rs.4,65,651/- (Rs.3,94,160/- + 37,627 + 33,864) as on 31.03.2025 and thereafter an interest of 15% from 01.04.2025 till payment on Rs.4,77,770/- under Section 80 of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 and Rs.37,627/-, violative of Article 300-A, Article 21 of the Constitution of India and Human Rights and consequentially direct the 2"'^ respondent to pay a total amount of Rs.4,65,651/- (Rs.3,94,160 + 37,627/- + 33,864) as on 31.03.2025 and an interest of 15% on Rs.4,77,770/- and Rs.37,627/-, thereon from 01.04.2025 till the payment made by considering the representation of the petitioner dated 09.04.2025 and to pass...” Though the petitioner made several allegations against the 2. respondents, during hearing, learned counsel for the petitioner requested this Court, without touching the merits of the case, to issue a direction to the respondents to dispose of the representation dated 09.04.2025 of the Petitioner. ::4:: 3. Learned Standing Counsel for Respondents readily agreed to dispose of the representations of the petitioner dated 09.04.2025, if any pending with the authorities. 4. In view of the submission of the learned Standing Counsel for Respondents, this Court need not decide the truth or otherwise of the allegations made in the petition. This Court is conscious that no such direction be issued, in view of the judgment of the Apex Court in “The Government of India v. P.Venkatesh^”, wherein the Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do no service to the cause of justice. As the learned counsel for the petitioner himself requested to issue a direction to dispose of the representations 09.04.2025, this Court find no other alternative except to issue such direction. 5. In the result, the writ petition is disposed of, directing the respondents to dispose of the representation dated 09.04.2025 of the Petitioner after providing an opportunity of hearing to the petitioner and other officers 2019(8) SCALE 544 5 concerned within two (02) months from the date of receipt of a copy of this order by passing a speaking order. No costs. Consequently, interlocutory applications pending, if any, shall also stand closed. Sd/- B. PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECjfdirOFFICER To, 1. The Principal Secretary, Revenue (L and A) Department, Secretariat Buildings, Velagapudi, Amaravathi, Andhra Pradesh. 2. The District Collector, (presently Tirupati District, Tirupati), Previously Chittoor District, Chittoor. 3. One CC to Sri. P Sree Ramulu Naidu, Advocate [OPUC] GP for REVENUE, High Court of Andhra Pradesh [OUT] 4. Two CCs to 5. Two CD Copies vna 3 HIGH COURT DATED:09/07/2025 ORDER WP NO. 16771 OF 2025 g( I 8 JUL 2025 )% ysCiigent SectioitX^’^ DISPOSING OF THE WRIT PETITION WITHOUT COSTS