IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO AND THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAJVI WRIT APPEAL NO: 627 OF 2021 Writ Appeal under clause 15^of the Letters Patent against the order dated 23.08.2021 in WP No.15164 of 2021 on the file of the High Court.-- Between: Sode Venkamma, W/o. Late Pullaiah, Aged 68 years, Occ; Housewife, R/o. Narsingapeta Village, Kunavaram Mandal, East Godavari District - 507129, Andhra Pradesh. ...APPELLANT/RESPONDENT No.5 AND 1. Sode Rajini, W/o. late Suri Babu, aged 29 years, Occ; Agriculture, R/o. Narsingapeta Village, Kunavaram Mandal, East Godavari District - 507129, Andhra Pradesh. ...RESPONDENT/PETITIONER 2. The State of Andhra Pradesh, Rep. by the District Collector and Magistrate, East Godavari District, Andhra Pradesh. 3. The Project Officer, ITDA, Chintoor, East Godavari District, Andhra Pradesh. 4. The Special Collector (Land Acquisition), East Godavari District, Andhra Pradesh. 5. The Special Deputy Collector (Land Acquisition), Kunavaram Unit at Chintoor, East Godavari District, Andhra Pradesh. ...RESPONDENTS/RESPONDENTS lA NO: 1 OF 2021 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 interim suspension of the orders dated 23.08.2021 passed by the learned single Judge Justice M.Satyanarayana Murthy in WP No. 15164/2021, pending disposal of the above writ petition. Counsel for the Appellant: SRI BANDA SAI SAMPATH KUMAR ^ Counsel for the Respondent No.1: SRI G. VENKATA KRISHNAIAH - Counsel for the Respondent Nos.2,4 & 5: GP FOR LAND ACQUISITION Counsel for the Respondent No.3: GP FOR SOCIAL WELFARE The Court made the following: JUDGMENT 1 RRR,J & MRK,J W.A.No.627/2021 APHC010364952021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3508] MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT APPEAL NO: 627/2021 Between: ...APPELLANT Sode Venkamma AND ...RESPONDENT(S) Sode Rajini and Others Counsel for the Appellant: 1. BANDA SAI SAMPATH KUMAR Counsel for the Respondent(S): 1. GP FOR LAND ACQUISITION 2.GP FOR SOCIAL WELFARE 3.G VENKATA KRISHNAIAH The Court made the following Order: (per Hon’ble Sri Justice R. Raghunandan Rao) Heard Sri Banda Sai Sampath Kumar, learned counsel appearing for St the appellant, Sri G. Venkata Krishnaiah, learned counsel appearing for the 1 respondent, learned G.P. for Land Acquisition appearing for respondent V 2 RRR.J & MRK.J W.A.No.627/2021 Nos.2, 4 and 5, and learned G.P. for Tribal Welfare appearing for respondent No.3. 2. The land belonging to the husband of the appellant had been acquired under the provisions of the Right to Fair Compensation Transparency in Land Acquisition, Rehabilitation and and Resettlement Act, 2013 (for short 'the Resettlement Act 2013')^ The appellant and her husband have four daughters and two sons. One of the sons, viz., the husband of the 1®* respondent herein, had passed away. The 1 respondent herein, sought payment of 1/3 of compensation that would arise under the Resettlement Act, 2013. However, the appellant not willing to share 1/3"'^ of the compensation with the 1*' respondent, on the ground that she wanted to distribute the compensation to all her children and herself in equal shares of share of the compensation was whereby the 1®‘ respondent would only get 1/7’ that would arise out of the acquisition of the lands. 3. Aggrieved by this stand of the appellant, the 1 respondent had approached the official respondents, by way of objections dated 26.01.2021 and sought reference under Section 75 of the Resettlement Act, 2013 for apportionment of compensation. 4. As the said reference was not being made, the 1®' respondent approached this Court by way of W.P.No.15164 of 2021, which came to be allowed by a learned Single Judge of this Court, by order dated The learned Single Judge had directed 23.08.2021. the Special Collector (Land 3 RRR,J & MRK,J W.A.No.627/2021 Acquisition), East Godavari District, A.P., who is arrayed as the 4**^ respondent herein, to make reference under Section 75 of the Resettlement Act, 2013 to the competent authority, within two weeks from the date of receipt of the order. 5. Aggrieved by this judgment, the appellant has moved the present writ appeal. 6. It is the contention of the appellant that there is no need for a reference to the competent authority as the compensation should be shared by herself and all her children, in equal shares, and in such circumstances, the respondent would be entitled to 1/7‘^ share of the compensation and she is ready and willing to pay the said share to the 1®* respondent. The learned counsel for the 1®‘ respondent disputes this contention and relies upon the judgment of the Hon’ble Supreme Court in Kamla Neti (dead) through legal representatives) vs. Special Land Acquisition Officer and Ors,,^ wherein the Hon’ble Supreme Court had held that the daughters in tribal communities, would not be entitled to equal share with that of the sons, and consequently, the compensation would have to be split into three parts with one share being given to the 1®* respondent, as the widow of the predeceased son. 7. 8. Without going into the relative merits and demerits of these contentions, it would have to be noticed that Section 75 of the Resettlement ^ (2023) 3 see 528 4 RRR,J & MRK,J W.A.No.627/2021 Act, 2013 has been incorporated in the Statute for deciding such issues. In that view of the matter, the judgment of the learned Single Judge cannot be interfered with and the same is affirmed. 9. Accordingly, the writ appeal is dismissed. There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed. Sd/- M RAMESH BABU DEPUTY REGISTRAR i! //TRUE COPY// SECTION OFFICER To, 1. The District Collector and Magistrate, East Godavari District, Andhra Pradesh. The Project Officer, ITDA, Chintoor, East Godavari District, Andhra Pradesh. The Special Collector (Land Acquisition), East Godavari District, Andhra Pradesh. The Special Deputy Collector (Land Acquisition), Kunavaram Unit at Chintoor, East Godavari District, Andhra Pradesh. One CC to Sri Banda Sai Sampath Kumar, Advocate [OPUC] One CC to Sri G. Venkata Krishnaiah, Advocate [OPUC] ^ Two CC’s to GP for Land Acquisition, High Court of A.P. at^ Amaravati[OUT] Two CC’s to GP for Social Welfare, High Court of A.P. at X Amaravati[OUT] Three CD Copies. 2. 3. 4. 5. 6. 7. 8. 9. ssb HIGH COURT DATED:17/02/2025 JUDGMENT WA.No.627 of 2021 r. X 0 3 MAR 2025 S'/I ^ . Current Section gfSPATCHjS^^ DISMISSING THE W.A. WITHOUT COSTS