APHC010335622021 IN THE HIGH COURT OF ANDHRA PRADESH ^ AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE ELEVENTH DAY OF AUGUST TWO THOUSANDAND TWENTYFIVE " * PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN " WRIT PETITION NO: 20407 OF o Between: T. Maheswari, W/o. Ramu, Aged about 39 years. R/o. Chinna Panduru Village. Vardaiahpalem Mandal, Chittoor District ...PETITIONER ' AND 1- The State of Andhra Pradesh, r Land Acquisition, A.P. SecretariatRepresented by its Principal Secretary . Velagapudi, Guntur District 2. The District Collector, Chittoor, Chittoor District. 3. The Joint Collector, Chittoor, Chittoor District. 4. The Sub-Collector/Revenue Divisional Officer 5. The Tahsildar, Vardaiahpalem Mandal Tirupati, Chittoor District Chittoor District. 6. M/s Linde India Ltd, Rep. by its Chairman & Oxygen House, P-43, Taratala Road Managing Director, Kolkata - 700 088, West Bengal. ...RESPONDENTS Petition under Article 226 of the circumstances stated i pleased to issue Constitution of India praying that in the in the affidavit filed therewith, the High Court an appropriate Writ or Order one in the nature of Writ of Mandamus Respondents in not paying compensation to the with construction in petitioner's land admeasuring may be or Direction more particularly declaring the action of the petitioner and proceeding an extent of Ac. 1.68 cents in Sy.No.87/6 of Chinapanduru Village, Varadaiahpalem District in spite of letter dated 17.12.2018 issued by the Respondent as illegal, arbitrary, violative of Articles 14, 21 Mandal, Chittbor and 300A of the Constitution of India and consequently direct the Respondents to pay compensation to the petitioner in respect of lands admeasuring in extent of Ac. 1.68 cents in Sy.No. 87/6 of Chinapanduru Village, Varadaiahpalem Mandal Chittoor District in accordance with the Right to Fair Compensation and Transperancy Acquisition, Rehabilitation and Resettlement Act 2013. in Land lA NO: 1 OF ?n7i Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court direct the Respondents to may be pleased to ensure that no development activity is carried out an extent of Ac. 1.68 cents in Sy.No. 87/6 of Mandal, Chittoor District pending on the lands of the petitioner in Chinapanduru Village, Varadaiahpalem disposal of the above writ petition. lA NO: 1 OF Between: The Tahsildar, Vardaiahpalem Mandal, Chittoor District. ...PETITIONER/RESPONDENT AND 1. T. Maheswari, W/o. Ramu, Aged about 39 Village, Vardaiahpalem Mandal, Chittoor District. years, R/o. Chinna Panduru ...RESPONDENT/WRIT PETITIONER 2. The State of Andhra Pradesh, Represented by its Principal Secretary, Land Acquisition, A.P. Secretariat, Velagapudi, Guntur District 3. The District Collector, Chittoor, Chittoor District. 4. The Joint Collector, Chittoor, Chittoor District. 5. The Sub-Collector/Revenue Divisional Officer, Tirupati, Chittoor District 6. The Tahsildar, Vardaiahpalem Mandal, Chittoor District. 7. M/s Linde India Ltd, Rep. by its Chairman & Managing Director, Oxygen House, P-43, Taratala Road, Kolkata - 700 088, West Bengal. (R2 to R7 are not necessary parties in this petition) r ...RESPONDENTS/RESPONDENTS 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 dismiss the writ petition by vacating the interim orders dated 17-12-2021 in IA.No.1 of 2021 WP.No.20407of 2021. Counsel for the Petitioner: SRI V VINOD K REDDY ' Counsel for the Respondent Nos.1 to 5: GP FOR LAND ACQUISITION ' Counsel for the Respondent No.6:— The Court made the following order: APHC010335622021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 20407/2021 Between: AGED ABOUT 39 YEARS, R/0. VARDAIAHPALEM MAN DAL, 1.T MAHESWARI, W/0. RAMU, CHINNA PANDURU VILLAGE, CHITTOOR DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SECRETARY, LAND ACQUISITION, A.P. PRINCIPAL SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 2.THE DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT. 3.THE JOINT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT. 4.THE SUBCOLLECTOR/REVENUE DIVISIONAL OFFICER, TIRUPATI, CHITTOOR DISTRICT 5.THE TAHSILDAR, VARDAIAHPALEM MANDAL, CHITTOOR DISTRICT. 6.M/S LINDE INDIA LTD, REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR, OXYGEN HOUSE, P-43, TARATALA ROAD, KOLKATA - 700 088, WEST BENGAL. ...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 or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not paying compensation to the petitioner and proceeding 2 admeasuring an extent of Ao.1.68 cents m Sy.No. 87-6 of Chinapanduru Village, Varadaiahpalem Mandal Chittoor D,strict ,n spite of letter dated 17.12.2018 issued by the 5th ConSrt iHegal, arbitrary, violative of Articles 14, 21 and 300A of the Constitution of India and consequently direct the Respondents to pay compensation to the Sv 87 6r? °f Ac. 1.68 cents in nLriH Chinapanduru Village, Varadaiahpalem Mandal, Chittoor District in accordance with the Right to Fair Compensation Transperancy in Land Acquisition, Rehabilitation and Resettlement Act 2013 and to pass as and lA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances s ated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to ensure that no development activity is carried out on the lands of the petitioner in an extent of Ac. 1.68 cents i Sy.No. 87-6 of Chinapanduru Village, Varadaiahpalem District pending disposal of the above writ petition and lA NO: 2 OF 2021 Petition under Section 151 CPC praying that in the circumstances s ated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to vacate the interim order dt 02-02-2021 in WP 2407/2021 and dismiss the writ petition lA NO: 1 OF 2022 in Mandal, Chittoor pass 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 dismiss the writ petition by vacating the interim orders dated 17-12-2021 in IA.No.1 of 2021 WP.No.20407 of 2021 and to pass Counsel for the Petitioner: 1.V VINOD K REDDY Counsel for the Respondent(S): 1.GP FOR LAND ACQUISITION 3 r V The Court made the following Order: The respondent No.5 filed counter and vacate stay. In spite of service of notice, none appears for the respondent No.6. f 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 3. This writ petition was filed questioning the action of the respondents in not paying compensation to the petitioner and proceeding with the construction in petitioner’s land in an extent of Ac.1.68 cents in Sy.No.87-6 of Chinapanduru Village, Varadaiahpalem Mandal, Chittoor District in spite of letter dated 17.12.2018 issued by the respondent No.5. The learned counsel for the petitioner submits that the respondent No.5 addressed a letter to the respondent No.4 dated 17.12.2018 in respect of the subject land for the payment of compensation to the petitioner recommending payment of compensation for the land in Sy.No.87-6 to an extent of Ac. 1.68 cents of Chinapanduru Village, Varadaiahpalem Mandal, Chittoor District in favour of T.Maheswari W/o Ramu (writ petitioner) after verification of the original DKT and IB registers available in Sub-Collectors Office, Tirupati. He further submits that the DKT patta was given for the subject land to the petitioner on 27.12.2013. He also refers to the pattadar passbook bearing No.422 in the name of the petitioner for the subject land. He further refers to the DKT register showing the entry of the petitioner’s for the subject land at serial No.11. It is the grievance of the petitioner 4. name 4 f that, though the land was acquired for the public purpose, the compensation is not paid so far for the said extent. 5. On the other hand, the learned Assistant Government Pleader relying upon the counter of the respondent No.5 submits that the petitioner claims grant of DKT patta for an extent of Ac. 1.68 cents of the land in Sy.No.87-6 in Chinnapanduru Village, Varadaiahpalem Mandal, Chittoor District vide DKT Patta No.11/4/1423 dated 27.12.2013. On verification of DKT register (4- Register) Fasli 1423 of Varadaiahpalem Mandal the assignment vide DKT No.11/4/1423 was not assigned to the petitioner but the DKT No.11/4/1423 was assigned to G.Rangaiah S/o Raghavulu Chetty for the land in Sy.No. 118/2 to an extent of Ac. 1.19 cents of Chinnpanduru Village, Varadaiahpalem Mandal, Chittoor District. The then Tahsildar, Varadaiahpalem conducted a survey for the Sy.No.87 and as per the survey, the total extent of the land in Sy.No.87 is Ac.11.64 cents and Ac.4.59 cents exists in 87/1, Ac.0.88 cents is covered under tankbund and channel and Ac.0.55 cents is under the possession and enjoyment of the writ petitioner. The petitioner produced DKT patta vide DKT No.11/4/1423 and pattadar passbook vide IB Khata No.422. On verification of DKT Register (4- Register) it was found that no assignment was made to the writ petitioner for the said survey number 87. Hence, the produced DKT Patta by the writ petitioner is a bogus one. Without granting assignment, pattadar passbook was issued to the petitioner. Therefore, the then Tahsildar, Varadaiahapalem Mandal submitted ex-gratia proposals vide Roc.No.A/398/2016 dated 5 *• 16.05.2016 to the District Collector, Chittoor in the name of the writ petitioner as encroacher for the land in Sy.No.87/1P to an extent of Ac.0.55 cents (as Revenue Assignment enjoyment). The G.O.Ms.No.571 (Department-1) dated 14.09.2012 reads as under; per survey “(iv) Compensation to the assignees who relinquish their D- Form patta land and whose land is resumed for public purpose shall be paid exgratia as per rules in force and on par with private patta lands, (v) As regards the sivai jamedars, who have been cultivating the land for a long period, without D-Form Patta and whose possession is confirmed by entries in 10(1) and adangal accounts may be paid exgratia without solatium as follows; 50% exgratia Occupation between 5-10 years equivalent to market value; Occupation 10 years and above - 100% exgratia equivalent to market value. (vi) The persons who have purchased assigned lands from DKT patta holders, will not be entitled for any exgratia as it is amounts to violation of the conditions of assignment and contravention of the provisions of A.P. Assigned Lands (POT) Act, 1977.” In the instant case, the writ petitioner was not assigned as per the DKT Register but the possession was confirmed by the petitioner’s pattadar passbook and adangal entries in the year 2013 and the possession of the writ petitioner was established for below 5 years from the issuance of PPB to the survey of the lands which were requested by the APIIC for establishment of Industrial Park and therefore the category (v) of G.O.Ms.No.571 would apply and accordingly the petitioner can claim payment of ex-gratia without solatium for the above said occupation of the land between 5-10 years viz.. 6. 6 / “50% ex-gratia equivalent to the market value”. The 2"'' respondent in the proceedings Roc.G2/2095/ 2016, dated 24.06.2016 fixed an amount of Rs.89,375/- at the rate of Rs.1,62,500/- per acre for the subject land to an extent of Ac.0.55 cents in Sy.No.87/6 which was in possession of the writ petitioner for the payment of ex-gratia as per the G.O.Ms.No.571 dated 14.09.2012. The advance possession of the land in Sy.No.87/6 to an extent of Ac.0.55 cents was taken and handed over to APIIC on 23.07.2016 as per the proceedings of the District Collector, Chittoor dated 12.07.2016. 7. In reply, the learned counsel for the petitioner relies upon the order of this court in W.P.No.25652 of 2021 dated 28.02.2024 wherein the respondents therein were directed to pay compensation as per the entitlement of the petitioners therein on par with others who are similarly situated for the purpose of payment of compensation on resumption of the land for the above said project therein. The facts and circumstances of that case are not mutatis mutandis in this case to extend the same order in this case. The learned counsel for the petitioner further submits that the pattadar passbook is subsisting and as such the respondents are bound to give compensation for the subject land as claimed by the writ petitioner. But as clearly mentioned above, the DKT patta referred by the petitioner dated 27.12.2013 is relating to the assignment made to one G.Rangaiah S/o Raghavulu Chetty for the land in Sy.No. 118/2 to an of extent Ac. 1.19 cents of Chinnapanduru Village, Varadaiahpalem Mandal, Chittoor District which is noj denied or challenged by the petitioner herein. 8. 1 That apart, he is not made a party respondent to this writ petition. As the subject land is not tallying with the DKT patta referred by the petitioner, it cannot be relied upon totally and as such it cannot be treated as a genuine one with the whole extent of the subject land as claimed by the petitioner. As discussed above, the petitioner at best is entitled to claim ex-gratia for an extent of Ac.0.55 cents only in Sy.No.87/6. 9. However, as per the above said facts and circumstances and upon consideration of the rival submissions made, it discloses that, the petitioner could establish possession only to an extent of Ac.0.55 cents in Sy.No.87/6. Hence, the petitioner is entitled to receive the ex-gratia amount as nd determined by the 2 respondent-District Collector as per the G.O.Ms.No.571 dated 14.09.2012. The petitioner cannot make any undue claim for deriving the undue encroachment of public funds. Accordingly, the respondent Nos.2 to 5 are permitted to pay the said ex-gratia amount to the petitioner as expeditiously as possible, preferably within a period of eight (8) weeks from the date of receipt of this order. 10. Accordingly, the writ petition is disposed of. There shall be no order as to costs. As a sequel. Miscellaneous Petitions pending, if any, shall stand / closed. Sd/- K.J.RAJA BABU ASSISTANT REGISTRAR ^9. //TRUE COPY// SECTION OFFICER To. 1. The Principal Secretary, Land Acquisition, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Guntur District 2. The District Collector, Chittoor, Chittoor District. ^ 3. The Joint Collector, Chittoor, Chittoor District. 4. The Sub-Collector/Revenue Divisional Officer, , /" Tirupati, Chittoor District 5. The Tahsildar, Vardaiahpalem Mandal, Chittoor District. 6. The Chairman and Managing Director, M/s. House. P-43, Taratala Road, Kolkata Linde India Ltd., Oxygen - 700 088, West Bengal. /' 7. One CC to Sri V. Vinod K Reddy, Advocate [OPUC] /’ 8. Two CCs to GP for Land Acquisition, High Court of Andhra Pradesh [OUT] 9. Two CD Copies. ssb HIGH COURT DATED: 11/08/2025 ORDER WP No.20407 OF 2021 I 18 SEP 2825 ^ Current Section 5!5&®/»ATCrt^^ * DISPOSING OF THE W.P. WITHOUT COSTS