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2025 DAILYLAW 24001 (AP)

MOLLETI PUSHPAVATHI v. THE STATE OF ANDHRA PRADESH

WP/18178/2025 · 2025-07-30

Subba Reddy Satti

body2025

Judgment text

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APHC010339052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18178 OF 2025 Between; Molleti Pushpavathi, W/o. M. Rajendra Prasad Aged about 68 years, R/o. D.No.51-4-20, Dayakar Street, Jagannaickpur, Kakinada, Kakinada District. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary Revenue (L.A), Secretariat, Velagapudi, Guntur District. 2. The State of Andhra Pradesh, Represented by its Principal Secretary Finance Department, Secretariat, Velagapudi, Guntur District. 3. The District Collector District Magistrate, Kakinada District, Kakinada. 4. The land Acquisition officer cum Revenue Divisional Officer, Kakinada District, Kakinada. 5. The Tahsildar, Tallarevu Mandal, Tallarevu, Kakinada District. ...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, order or direction, especially one in the nature of Writ of Mandamus, declaring the action of respondents in not paying compensation as per the order passed by the 4 Ref.B/1372/2020, dt. 11-10-2021, for the agriculture land to an extent of Ac.I.OO.cts in R.S No. 112-5 out of total extent of Ac.2.86.cts of Chollangi th respondent vide Village, Tallarevu Mandal, Kakinada District (erstwhile East Godavari District), which was approved by the 2""^ respondent herein being the Chairman of the Negotiations Committee, as illegal, arbitrary, violative of Articles 14, 21 and 300- A and Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and consequently direct the respondents to pay compensation as per order passed by the 4 respondent vide Ref. B/1372/2020, dt.11-10-2021, stated supra for the agriculture land to an extent of Ac.I.OO.cts in R.S No. 112-5 out of total extent of Ac.2.86.cts of Chollangi Village, Tallarevu Mandal, Kakinada District (erstwhile East Godavari District). th lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct respondents to pay compensation as fixed by the 4 respondent vide Ref.B/1372/2020, dt.11-10-2021, for the agriculture land to an extent of Ac.I.OO.cts in R.S No. 112-5 out of total extent of Ac.2.86.cts of Chollangi Village, Tallarevu Mandal, Kakinada District (erstwhile East Godavari District), pending disposal of the above Writ Petition. th Counsel for the Petitioner: SRI T. V. JAGGI REDDY Counsel for the Respondent Nos.1, 3 to 5 : GP FOR LAND ACQUISITION Counsel for the Respondent No.2 :GP FOR FINANCE AND PLANNING The Court at the stage of admission made the following order: c» APHC010339052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18178/2025 Between: 1.MOLLETI PUSHPAVATHI, W/0 M RAJENDRA PRASAD DAYAKAR STREET, AGED ABOUT 68 YEARS, R/0 D.NO.51-4-20 JAGANNAICKPUR, KAKINADA, KAKINADA DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS REVENUE (L.A), SECRETARIAT, PRINCIPAL SECRETARY VELAGAPUDI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 3.THE DISTRICT COLLECTOR DISTRICT MAGISTRATE, KAKINADA DISTRICT, KAKINADA. 4.THE LAND ACQUISITION OFFICER CUM REVENUE DIVISIONAL OFFICER, KAKINADA DISTRICT, KAKINADA. 5.THE TAHSILDAR, TALLAREVU MANDAL, TALLAREVU, KAKINADA 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 to issue a Writ, order or direction, especially one in the nature of Writ SRS,J W.P.No.18178 of 2025 of Mandamus, declaring the action of respondents in compensation as per the order passed by the 4THrespondent vide Ref.B/1372/2020, dt. 11-10-2021, for the agriculture land to an extent of Ac.I.OO.cts in R.S No. 112-5 out of total extent of Ac.2.86.cts of Chollangi Village, Tallarevu Mandal, Kakinada District (erstwhile East Godavari District), which was approved by the 2NDrespondent herein being the Chairman of the Negotiations Committee, as illegal, arbitrary, violative of Articles 14, 21 and 300- not paying A and Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and consequently direct the respondents to pay compensation as per order passed by the 4THrespondent vide Ref. B/1372/2020, dt.11- 10-2021, stated supra for the agriculture land to an extent of Ac.I.OO.cts in R.S No.112-5 out of total extent of Ac.2.86.cts of Chollangi Village, Tallarevu Mandal, Kakinada District (erstwhile East Godavari District) and pass 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 to direct respondents to pay compensation as fixed by the 4TH respondent vide Ref.B/1372/2020, dt.11-10-2021, for the agriculture land to an extent of Ac.I.OO.cts in R.S No. 112-5 out of total extent of Ac.2.86.cts of Chollangi Village, Tallarevu Mandal, Kakinada District (erstwhile East Godavari District), pending disposal of the above Writ Petition and pas Counsel for the Petitioner: 1.TVJAGGI REDDY Counsel for the Respondent(S): 1. GP FOR LAND ACQUISITION 2.GP FOR FINANCE PLANNING Pdge 3 of 5 SRS.J W.P.No.18178 of 2025 The Court made the following: :: ORDER :: Heard Sri T.V. Jaggi Reddy, learned counsel for the petitioner, and Sri B.V. Satyanarayana, learned Assistant Government Pleader for Revenue, appeared for respondents 1, 3 to 5 and learned Assistant Government Pleader for Finance appeared for respondent No.2. The petitioner’s land of an extent of Ac. 1.00 cents in Sy.No.112-5 of Chollangi Village, Tallarevu Mandal, Kakinada District, was acquired for providing house sites to poor people under ‘Navarathnalu Pedalandariki lllu Scheme’. Respondent No.4 vide Ref.B/1372/2020, dated 11.01.2021 determined compensation of Rs.61,00,000/-. 2. 3. Learned counsel for the petitioner would submit that the compensation amount has not been paid to the petitioner. 4. Learned Assistant Government Pleader for Revenue submitted instructions of the Revenue Divisional Officer, Kakinada. The operative portion of the instructions reads as follows: ‘It is also most pertaining to submit that at present while the LAO & RDO, Kakinada, trying to upload the bill pertaining to the present Writ Petitioner in the CFMS portal, it’s showing as Insufficient Budget for given DDO HOA Combination”, therefore, the LAO & RDO, Kakinada is unable to submit the bill in the CFMS portal. ” 5. Thus, as seen from the instructions, there is no dispute regarding the compensation payable to the petitioner in respect of the aforementioned property. In fact, the instructions also would further disclose that after the release of the amount, the same will be credited to the bank account No.36352010015116, Jagannaickpur Branch, Canara Bank. SRS,J W.P.No.18178 of 2025 Given the facts and circumstances of the case, the Writ Petition is disposed of at the stage of admission with the consent of both the learned counsel, directing respondents 1 to 4 to pay the compensation amount of Rs.61,00,000/- to the petitioner in respect of land of an extent of Ac. 1.00 cents in Sy.No.112-5 of Chollangi Village, Tallarevu Mandal, Kakinada District, within eight (08) weeks, from the date of receipt of a copy of the order. No order as to costs. 6. As a sequel, pending miscellaneous petitions, if any, shall stand closed. K.KASI RAO ACHAR! ASSISTANT REGISTRAR //TRUE COPY// SECTIQ To, 1. The Principal Secretary Revenue (L.A), State of Andhra Pradesh Secretariat, Velagapudi, Guntur District. 2. The Principal Secretary Pradesh, Secretariat, Velagapudi, Guntur District. 3. The District Collector District Magistrate, Kakinada District, Kakinada. 4. The land Acquisition officer cum Revenue Divisional Officer, Kakinada District, Kakinada. 5. The Tahsildar, Tallarevu Mandal, Tallarevu, Kakinada District. 6. One CC to Sri T. V. Jaggi Reddy, Advocate [OPUC] 7. Two CCs to GP for Land Acquisition, High Court of Andhra Pradesh [OUT] 8. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 9. Two CD Copies Finance Department, State of Andhra Cnr HIGH COURT DATED:31/07/2025 ORDER WP NO. 18178 OF 2025 'I 2 3S£P20?5 E . Current iSeciion X^^SPATCV^^^ " DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS