APHC010402532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 21451 of 2025 Between: 1. MODDOLLA SUBBARAYUDU @ SUBBARAYUDU, @ B. SUBBARAYUDU, S/O M ERRA NAGAPPA, AGED ABOUT 57 YRS., R/O 2/19B, MUTCHUMARRI VILLAGE, KONDAPURAM MANDAL KADAPA (D), A.P., 516444. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, REVENUE-LAND ACQUISITION DEPARTMENT, SECRETARIAT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, WATER RESOURCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH 3. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 4. THE DISTRICT COLLECTOR, Y.S.R KADAPA DISTRICT. 5. THE PROJECT ADMINISTRATOR JOINT COLLECTOR, Y.S.R DISTRICT, KADAPA 6. THE SPECIAL COLLECTOR L A, G.N.S.S., KADAPA. 7. THE REVENUE DIVISIONAL OFFICER, JAMMALAMADUGU, Y.S.R KADAPA DISTRICT. 8. THE TAHSILDAR, MUTCHUMARRI VILLAGE, LINGALA MANDAL Y.S.R. KADAPA 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 2 may be pleased to issue an appropriate writ or order or direction more particularly a writ in the nature of a Writ of Mandamus declaring the inaction of the Respondents in considering and taking necessary action on the report of Respondent no. 8 vide Roc. No. A/456/2017, dt. 28.07.2018 and further in non-payment of sanctioned compensation amount of Rs. 6,75,000/- (Six Lakh Seventy Five Thousand Rupees Only), to the Petitioner recorded at SES No. 311 as entitled under G.O.RT.No. 4 Water Resource Department, Dt. 04.01.2017 compensation for displacement due to development of GNSS- Gandikota Reservoir Project is illegal, arbitrary, unjust and contrary to the provisions of Right to Fair Compensation And Transparency in Land Acquisition, Rehabilitation And Resettlement Act, 2013, the Resettlement and Rehabilitation Policy, 2005 and further violative of Art.14, 21 and 300A of the Constitution of India and consequently to direct the respondents to take further action and expeditiously pay the aforementioned due amount to the Petitioner along with interest @24percent per annum from the date of acquisition till the date of actual payment. Counsel for the Petitioner: 1. MANDAVA ABHIGNA Counsel for the Respondent(S): 1. GP FOR LAND ACQUISITION 2. GP FOR REVENUE 3. GP FOR IRRI AND CAD 4. GP FOR FINANCE PLANNING The Court made the following: 3 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief: "… to issue an appropriate writ or order or direction more particularly a writ in the nature of a Writ of Mandamus declaring the inaction of the Respondents in considering and taking necessary action on the report of Respondent no.8 vide Roc.No.A/456/2017, dt.28.07.2018 and further in non- payment of sanctioned compensation amount of Rs.6,75,000/- (Six Lakh Seventy Five Thousand Rupees Only), to the Petitioner recorded at SES No.311 as entitled under G.O.RT.No.4, Water Resource Department, Dt.04.01.2017, compensation for displacement due to development of GNSS-Gandikota Reservoir Project is illegal, arbitrary, unjust and contrary to the provisions of Right to Fair Compensation And Transparency in Land Acquisition, Rehabilitation And Resettlement Act, 2013, the Resettlement and Rehabilitation Policy, 2005 and further violative of Art.14, 21 and 300A of the Constitution of India and consequently to direct the respondents to take further action and expeditiously pay the aforementioned due amount to the Petitioner along with interest @24% per annum from the date of acquisition till the date of actual payment…..." 2. Precisely, the Writ Petition is filed contending that the petitioner is eligible for allotment of alternative house site or payment of 4 compensation or ex-gratia, besides payment of compensation for the structures therein as per the Resettlement and Rehabilitation Policy, 2005, as issued under G.O.Ms.No.68 dated 08.04.2005. It is further submitted that the petitioner is an original project displaced person of house M-32 and further the petitioner herein is already notified, approved and included in projected cases in Special Grievance Cell and recommended for OTS, showing the petitioner is a genuine displaced person indicating that the petitioner is eligible for the OTS Special Package, vide G.O.Rt.No.4 dated 04.01.2017. Despite the petitioner has filed an affidavit agreeing for OTS Special Package for Rs.6,75,000/-, the petitioner has not been paid the Special Package amount. Hence, the present Writ Petition. 3. The learned Assistant Government Pleader furnished written instructions (form part of record), which is addressed by the Special Deputy Collector (I/c), for Joint Collector & Project Administrator, YSR Kadapa District and the relevant portion is extracted hereunder: "The Govt. have issued G.O.Rt.No.312 Water Resources (R&R-A2) Department, Dt.06.07.2023 sanctioning an amount of Rs.454-60 Crores towards Payment of R&R Package to 10231 Project Affected Families (PAFs)/Project Displaced Families (PDFs) of 22 Villages in I, II & III under R&R of Gandikota Reservoir Project. But, BRO (Budget Release Order) not yet issued. As CFMS portal is in freeze due to ending of the financial year, bills could not be present in CFMS portal. 5 The Chief Engineer (Projects), WRD, Kadapa has informed that an amount of Rs.16,50,00,000/- is available against the Head of Account 4700-01-133-11-49-500-502 R&R Cash benefits for the FY 2025-26. After scrutiny of the proposals submitted by the RDO, Jammalamadugu action will be taken to upload the bills in favour of writ petitioner in CFMS portal subject to their eligibility." 4. In the case of The D.F.O., South Kheri And Ors. Vs Ram Sanehi Singh reported in (1971) 3 SCC 864, the Hon’ble Apex Court held that when a State decides not to pay the dues with mala fide, with ulterior motives or arbitrarily or when the State avoids payment of the dues with mala fide, with ulterior motives, arbitrarily or when the State discriminates, while making payment dues, such a decision of the State not to pay or such an act of the State of not paying its dues cannot be said to be wholly beyond the reach of Article 226, for asking the writ court to do is to force the State to act in accordance with its constitutional obligation by adhering to the letter and spirit of Articles 14 and 21 of the Constitution of India. 5. In a catena of cases, this Court had held that where dispute revolves round questions of fact, the matter ought not be entertained under Article 226 of the Constitution of India. In the present case, the respondents have not disputed the payment of compensation to the petitioner for the property acquired. And the respondents have manifested in their written instructions that they will pay the compensation amount to the petitioner and they are unable to pay the said amount, as CFMS portal is in freeze due to ending of the financial 6 year, bills could not be present in CFMS portal for the payment of compensation. 6. Hence this Court directs the respondents to pay the admitted amount for the payment of compensation within a period of 3 months from date of receipt of the order, as the respondents have not disputed the same. 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 01.09.2025 siva 7 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.21451 of 2025 Date: 01.09.2025 siva