APHC010367672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY,THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18717/2025 Between: 1. KAGITHA NARA NARAYANA, S/O. SEETHARAMAIAH, AGED ABOUT 64 YEARS, OCC.EMPLOYEE, R/O.POTHEPALLY VILLAGE, BANDAR MANDAL, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KRISHNA DISTRICT, MACHILIPATNAM. 3. THE REVENUE DIVISIONAL OFFICER, (JOINT COLLECTOR), MACHILIPATNAM, KRISHNA DISTRICT. 4. THE TAHSILDAR, MACHILIPATNAM NORTH, KRISHNA DISTRICT. 5. BHUPATHI VENKATESWARA RAO, S/O. BHADRACHALAM, AGED ABOUT 77 YEARS. EMPLOYEE, R/O. D.NO.11/86, CHEMMANAGIRIPETA, MACHILIPATNAM, KRISHNA 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 an order or direction more in the nature of Writ of Mandamus declaring the action of the Respondents herein in making efforts to pay 2 compensation in respect of the Lands acquired in Sy.No.90-3 of an extent of 0-01 cent and in Sy.No.90-4 of an extent of 0- 41 cents situated at Pothepally Village, Bandar Mandal, Krishna District to the 5th respondent herein while suits and Revision i.e. C.R.P.No.2371/2013 are pending Is illegal, arbitrary and unconstitutional and consequently direct the respondents herein not to pay compensation amount in respect of the Lands acquired in Sy.No.90-3 of an extent of 0- 01 cent and in Sy.No.90-4 of an extent of 0-41 cents situated at Pothepally Village, Bandar Mandal, Krishna District to the 5th respondent herein and to 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 2 to 4 herein not to pay compensation in respect of the Lands acquired in Sy.No.90-3 of an extent of 0-01 cent and in Sy.No.90-4 of an extent of 0-41 cents situated at Pothepally Village, Bandar Mandal, Krishna District to the 5th respondent herein, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. K SAIRAM MURTHY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. SAI GANGADHAR CHAMARTY The Court made the following ORDER: Heard learned counsel for the petitioner, learned Assistant Government Pleader for Revenue for respondents 1 to 4, and Sri Sai Gangadhar Chamarti, learned counsel for the 5th respondent. 2. The grievance of the petitioner is that the 3rd respondent is attempting to pay compensation to the 5th respondent in respect of the lands acquired to the extent of Ac.0-01 cent in Sy.No.90-3 and 0-41 cents in Sy.No.90-4, Pothepally Village, Bandar Mandal, Krishna District. 3 3. Learned counsel for the petitioner would submit that the petitioner is in possession and enjoyment of agricultural property of an extent of Ac.1-47 cents & Ac.1-31 cents in R.S.no.216; Ac.0-67 ½ cents and Ac.0-67 ½ cents in R.S.No.90-4 and Ac.0-25 cents in R.S.No.90-4C of Pothepally Village. Learned counsel would submit that the petitioner entered into a possessory agreement of sale dated 07.04.1998 with one Smt. Borra Narsimha, W/o late Borra Subba Rao. The petitioner filed a statutory appeal before the Revenue Divisional Officer, Bandar, vide Rc.R.O.R.D.V.C.1238/04, dated 06.01.2005, against the 5th respondent under the provisions of Andhra Pradesh Rights in Land and Pattadar Pass Book Act, 1971, and the said appeal was allowed. Learned counsel would also submit that the CRP No.2371 of 2013 under the A.P (Andhra Area) Tenancy Act is pending. 4. Part of the land i.e. an extent of Ac.0-01 cents in Sy.No.90-3 and Ac.0- 41 cents in Sy.No.90-4 was acquired for the development project for rail-cum- road connectivity for the Green Field Port, Machilipatnam. 5. Learned counsel for the petitioner would submit that the 5th respondent is trying to claim the compensation amount pending the litigation. 6. Learned counsel for the 5th respondent would submit that the petitioner filed suit for Specific Performance in O.S.No.5 of 2001 on the file of the I Additional Civil Judge, and the same was dismissed against the original owner i.e. B.Narasimham. Pending the suit, the original owner died, and the 5th respondent came on record. The suit was dismissed. The appeal filed by the 5th respondent was dismissed on 05.03.2013. Learned counsel would submit that the second appeal filed by the petitioner is not numbered so far. 7. Learned Assistant Government Pleader submitted instructions of Revenue Divisional Officer, Machilipatnam, wherein it was stated that the amount will be paid subject to the outcome of CRP No.2371 of 2013 pending between the petitioner and the 5th respondent. 4 8. Given the scenario mentioned supra, keeping the writ petition pending will not serve any purpose. The Writ Petition is disposed of, directing the learned 3rd respondent-Revenue Divisional Officer to disburse the compensation amount subject to the result of CRP No.2371 of 2013 in respect of an extent of Ac.0-41 cents in RS No.90-4B and Ac.0-01 cents in RS No.90-3C of Pothepally Village, Machilipatnam Mandal. Miscellaneous petitions pending, if any, shall stand closed. SUBBA REDDY SATTI, J Date: 30.07.2025 KA 5 168 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18717/2025 Date: 30.07.2025 KA