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2025 DAILYLAW 25367 (AP)

NAGAVARAPU TRIMURTHULU v. THE STATE OF ANDHRA PRADESH

WP/18249/2025 · 2025-07-30

Subba Reddy Satti

body2025

Judgment text

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APHC010357722025 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: 18249/2025 Between: 1. NAGAVARAPU TRIMURTHULU, S/O.N.BOORAYYA AGED 47 YEARS, OCC.CULTIVATION R/O.D.NO.2-164, DEVI CHOWK CENTRE RAJANAGARAM, EAST GODAVARI DISTRICT ANDHRA PRADESH 2. NAGAVARAPU TULASI, W/O.N.TRIMURTHULU AGED 41 YEARS, OCC.CULTIVATION R/O. D.NO.2-164, DEVI CHOWK CENTRE RAJANAGARAM, EAST GODAVARI DISTRICT ANDHRA PRADESH 3. .PRAGADA VEERA BABU, S/O.P.SURYANARAYANA AGED 26 YEARS, OCCICULTIVATION R/O.D.NO.3-223, CHINNA RAMALAYAMTEMPLE STREET VELUGUBANDA VILLAGE, RAJANAGARAM MANDAL EAST GODAVARI DISTRICT, ANDHRA PRADESH ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS SPECIAL CHIEF SECRETARY REVENUE (LAND) DEPARTMENT A.P.SECRETARIAT, VELAGAPUDI AMARAVATI, GUNTUR DISTRICT. 2. THE CHIEF COMMISSIONER OF LAND ADMINISTRATION CCLA, MANGALAGIRI GUNTUR DISTRICT, AP 3. THE COLLECTOR LA, EAST GODAVARI DISTRICT RAJAMAHENDRAVARAM, AP SRS,J W.P.No.18249 of 2025 4. THE REVENUE DIVISIONAL OFFICER, RAJAMAHENDRAVARAM, E.G.DISTRICT, AP 5. THE TAHSILDAR, RAJAMAHENDRAVARAM, E.G.DISTRICT, AP ...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 more particularly one in the nature of a writ of mandamus declaring the action of the respondents in not paying the compensation for the land to an extent of Ac.2.40 cents, Ac.2.00 cents and Ac.0.30 cents in R.S.No.51 of Velugubanda Village, Rajanagaram Mandal, East Godavari District having acquired with consent and taken possession for providing house sites to the beneficiaries of Velugubanda village and in spite of proceedings vide CCLA's Ref.No.LA- 1/110/2025 dt.08- 04-2025 of the 2nd Respondent as highly illegal, arbitrary and violative of Art. 14, 19 and 300A of the Constitution of India and consequently direct the respondents either to pay the compensation forthwith or resume the said land to the petitioner with damages for use and occupation of the said land from taking possession and pass IA 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 the respondents to pay the compensation for the land to an extent of Ac.2.40 cents, Ac.2.00 cents and Ac.0.30 cents in R.S.No.51 of Velugubanda village, Rajanagaram Mandal, E.G.District, Andhra Pradesh which was acquired for house sites, forthwith pending disposal of the above writ petition and pass Counsel for the Petitioner(S): 1. YASWANTH GADE Counsel for the Respondent(S): 1. GP FOR LAND ACQUISITION 2. GP FOR REVENUE SRS,J W.P.No.18249 of 2025 The Court made the following: :: ORDER :: Heard Sri K. Prudhvi Raj, learned counsel representing Sri G.Yaswanth, learned counsel for the petitioners and Sri G. Divya Theja, learned Assistant Government Pleader for Revenue, appeared for the respondents. 2. The 1st petitioner‟s land of an extent of Ac.2.40 cents; 2nd petitioner‟s land of an extent of Ac.2.00 cents and 3rd petitioner‟s land of an extent of Ac.0.30 cents in R.S.No.51, along with trees, situated at Velugubanda Village, Rajanagaram Mandal, East Godavari District, were acquired to provide house sites under „Navarathnalu Pedalandariki Illu Programme‟. The Revenue Divisional Officer – respondent No.4 determined the compensation @ Rs.1,60,80,000/- in respect of the 1st petitioner's land; Rs.1,34,00,000/- of 2nd petitioner‟s land, and Rs.20,10,000/- of 3rd petitioner‟s land. In fact, the Revenue Divisional Officer generated a CFMS bill token bearing No.2024- 176664. 3. Learned counsel for the petitioners would submit that the compensation amount has not been deposited so far. 4. Learned Assistant Government Pleader submitted instructions of respondent No.4. Para No.8 of the instructions reads as follows: “8. The District Collector, EG in Roc.No. e-452243/2024/L4 dt.16-5- 2025 instructed the LAO & RDO, Rajamahendravaram to upload the bill in CFMS portal based on the award passed in the above LA case and submit the details of the bills with bill number date and amount for onward submission to the CCLA, A.P. for releasing of funds. Accordingly, the LAO & RDO has tried to upload the relevant land compensation bill in the above subject matter and the CFMS portal not allowed the upload and reflect that „Insufficient Budget for given DDO- SRS,J W.P.No.18249 of 2025 HOA Combination.” and hence the upload of bill was remained unsuccessful.” 5. Given the instructions, since there is no dispute regarding the claim of the petitioners, vis-à-vis the compensation, the Writ Petition is disposed of, at the stage of admission with the consent of both the learned counsel, directing the respondent authorities to release the compensation amount, payable to the petitioners, in respect of the aforementioned lands, within eight (08) weeks from the date of receipt of a copy of the order. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 31.07.2025 TVN SRS,J W.P.No.18249 of 2025 189 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.18249 OF 2025 Date : 31.07.2025 TVN