INDIA PENCHALA NARASAIAH v. The State of Andhra Pradesh,
WP/17480/2025 · 2025-07-22
Subba Reddy Satti
body2025
DailyLaw.ai
[ 2025 DAILYLAW 24279 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24279 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010343172025 IN THE HIGH COURT OF ANDHRA AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTY THIRD DAY TWO THOUSANDAND TWENTY FIVE PRESENT the honourable SRI JUSTICE SUBBA WRIT PETITION NO: 17480 OF 207.^ SMS PRADESH OF JULY REDDY SATTI Between: India Penchala Narasaiah, S/o Lakshmi Narasaiah Occ: Agriculture, R/o Ambapuram Nellore District. aged about 58 Village, Nellore Rural Mandal, years, S.P.S.R. ...PETITIONER AND
1. The State of Andhra Pradesh, Rep,, by its Principai Secretary Revenue Department, Secretariat, Veiagapudi, Amaravathi, Guntur District. 2. The District Collector, Nellore, SPSR Nellore District,
3. The Revenue Divisional Officer, Nellore, SPSR Nellore District,
4. The Tahsildhar, Nellore Rural Mandal, SPSR Nellore District, ...RESPONDENTS Petition under Article 226 of the Constitution of India circumstances stated in the affidavit filed therewith, pleased to issue praying that in the the High Court may be a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents failed in 30.09.2024 and 16.06.2025 considering the representation dated before the respondent officials herein land viz. submitted vacate the in survey No. 120/13, situated and insisting the petitioner to an extent of Ac. 1.18 cents, i at
If Ambapuram village, Nellore Rural Mandal, SPSR Nellore District for the purpose of allotting house sites of poor persons under the scheme of
“NAVARATNALU PEDALANADARIKI ILLU” is as illegally, arbitrary and violation of principals of natural justice and set aside the proceeding in Rc (B) No. 87-A/07, dated 18.12.2008 passed against the petitioner herein and consequently direct the respondents to consider the representation of the petitioner dt. 30.09.2024 and 16.06.2025 and to deposit the compensation Rs. 1947000/- (Rupees Ninteen lakhs forty seven thousand only) with subsequent interest of rupees 9percent P.A from the dt. of 30.09.2024 till the dt. of realization. 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 grant stay from dispossession the petitioner from his land extent of Ac. 1.18 cents in Sy.No. 120/13 situated at Ambapuram Village, Nellore Rural Mandal, SPSR Nellore District until pending disposal of the writ petition. Counsel for the Petitioner: SRI KHAJARAHAMATULLA S Counsel for the Respondent Nos.
1 to 4: GP FOR REVENUE The Court made the following order:
’I' APHC010343172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMS sa^ [3331] WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17480/2025 Between:
1.INDIA PENCHALA NARASAIAH, S/0 L IKSHMI NARASAIAH, AGED OCC AGRICULTURE, R/0 AMBAPURAM S.P.S.R. NELLORE ABOUT 58 YEARS, VILLAGE, NELLORE RURAL MANDAL, DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL REVENUE DEPARTMENT, SECRETARIAT, SECRETARY VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, NELLORE, SPSR NELLORE DISTRICT. 4.THE TAHSILDHAR, NELLORE RURAL MANDAL, SPSR NELLORE 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 tomay be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents failed in considering the representation dated 30.09.2024 and 16.06.2025 submitted before the respondent officials herein and insisting the petitioner to vacate the land viz., an extent of Ac. 1.18 cents, in survey No. 120/13,
W.P.No.l7480of situated at Ambapuram village, Nellore Rural Mandal, SPSR Nellore District for the purpose of allotting house sites of poor persons under the scheme of NAVARATNALU PEDALANADARIKI ILLU is as illegally, arbitrary violation of principals of natural justice and set aside the proceeding in Rc (B) No. 87-A/07, dated 18.12.2008 passed against the petitioner herein and consequently direct the respondents to consider the representation of the petitioner dt. 30.09.2024 and 16.06.2025 and to deposit the compensation Rs. 1947000/- ( Rupees Ninteen lakhs forty seven thousend only) with subsequent interest of rupees 9percent P.A from the dt.
Of 30.09.2024 till the dt.of realization and pass such 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 may be pleased to grant stay from dispossession the petitioner from her land extent of Ac. 1.18 cents in Sy.NO. 120/13 situated at Ambapuram Village, Nellore Rural Mandal, SPSR Nellore District until pending disposal of the writ petition and pass such Counsel for the Petitioner:
1. KHAJARAHAMATULLA S Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following: and :: ORDER:: Heard Sri Shaik Khaja Rahamathulla, learned counsel for the petitioner and Sri B.V. Satyanarayana, learned Assistant Government Pleader for Revenue, for respondents 1 to 4. 2. The grievance of the petitioner is that the land of an extent of Ac. 1-18 cents in survey No. 120/13 situated at Ambapuram village, Nellore Rural Mandal, SPSR Nellore District, assigned to the petitioner under Daraksth Rules, resumed vide proceedings in Rc.No.B.87/A/2007 dated 18.12.2008, on the ground of violation of the conditions. Respondent No.3 was
SRSJ W.P.No.17480 of 2025 addressed a letter to respondent No.2 vide Rc.K.No.571/2020 dated 30.09.2024, stating that an extent of Ac.3-28 cents of land including the land of an extent of Ac. 1-18 cents assigned to the petitioner was acquired by respondent No.3 for distribution of house sites under ‘Navarathnalu Pedala Andariki lllu’ scheme and the petitioner is entitled for a compensation of Rs. 19,47,000/-. Despite the said communication, compensation has not been paid to the petitioner. The petitioner made a representation dated 16.06.2025, to respondent No. 2, District Collector, requesting for release of the amount. However, the amount has not been paid so far. Learned Assistant Government Pleader submitted the instructions dated 17.07.2025 furnished by the Tahsildar, Nellore Rural Mandal, along with a letter dated 29.04.2023 addressed by respondent No.4 to respondent No.3 and the proceedings issued by respondent No.3 vide Rc.K.571/2020 dated
08.06.2023. 3. A perusal of the letter dated 29.04.2023 would reveal about the petitioner’s possession over an extent of Ac.
1-18 cents in survey No. 120/13 situated at Arnbapuram village, Nellore Rural Mandal, SPSR Nellore District, resumption of the same for tiie public purpose and the petitioner’s entitlement for compensation. 4. Further, respondent No.3, the Revenue Divisional officer, Nellore, vide Rc.K.571/2020 dated 08.06.2023, recommended for payment of ex gratia of Rs. 19,47,000/- to the petitioner. 5. Thus, as seen from the letter dated 29.04.2023,' proceedings dated 08.06.2023 of RDO and letter dated 30.09.2024 addressed by RDO to the District Collector, there is no dispute regarding the petitioner’s entitlement for compensation of Rs. 19,47,000/- towards resumption of land of an extent of Ac.1-18 cents in survey No. 120/13 situated at Arnbapuram village, Nellore Rural Mandal, SPSR Nellore District. 6. Page 4 of 5 -iRSjV W.P.No.l7480of2025
7. Even after a lapse of two by RDO i.e. 08.06.2023, the to date. \' years from the date of the proceedings issued compensation has not been paid to the petitioner
8. Given the above facts and circumstances of the case, this writ petition is
disposed of at the admission stage with the consent of learned counsel either side, directing learned respondents 2 to 4 to pay the compensation amount of Rs. 19,47,000/- to the petitioner within six weeks from today. It the Six weeks, as indicated supra, payment is made to the on respondents 2 to 4 fail to pay the amount within si the respondents shall pay interest at 9% till the petitioner due to the lapses on their part. No costs. As a sequel, pending miscellaneous petitions ■ if any, shall stand closed.
Sd/- M. PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, Revenue Department, State of Andhra Guntur District. District. Pradesh, Secretariat, Velagapudi, Amaravathi,
2. The District Collector, Nellore, SPSR Nellore
3. The Revenue Divisional Officer, Nellore, SPSR Nellore District.
4. The Tahsildhar, Nellore Rural Mandal,
5. One CC to Sri Khajarahamatulla S, Advocate [OPUC]
6. Two CCS to GP for Revenue, SPSR Nellore District. High Court of Andhra Pradesh [OUT]
7. Two CD Copies. ssb
t HIGH COURT i.' DATED:23/07/2025
ORDER WP No.17480 OF 2025 ^ 18 AUG 2025 )g (9V S.4;u^ntSectiwvX^ DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS