APHC010413892024 IN THE HIGH COURT OF ANDHRA (Special Original Jurisdiction) FRIDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 21392/2024 Between: Yenimireddy Munemma and Others The State Of Ap and Others Counsel for the Petitioner(S): 1. M S R CHANDRA MURTHY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRI AND CAD 3. GP FOR FINANCE 1 W.P.No.21392 of 2024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] , THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 21392/2024 Yenimireddy Munemma and Others ...PETITIONER(S) AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner(S): M S R CHANDRA MURTHY Counsel for the Respondent(S): GP FOR REVENUE GP FOR IRRI AND CAD GP FOR FINANCE PLANNING JS,J W.P.No.21392 of 2024 [3459] THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM ...PETITIONER(S) ...RESPONDENT(S) 2 JS,J W.P.No.21392 of 2024 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 21392/2024 The Court made the following Order: This writ petition under Article 226 of the Constitution of India is filed seeking the following relief: “..may be pleased to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in paying an amount of Rs 12,83,940/ to the petitioners towards crop damage i.e., 500 acid lime trees in an extent of Ac 7.64 cents of land in Sy No 114 and 115 situated in Pullikallu Village of Podalakuru Mandal SPSR Nellore District due to seepage water from Kandaleru Reservoir as arbitrary illegal violative of Articles 14 16 and 300A of the Constitution of India and consequently direct the respondents to pay an amount of Rs 12,83,940/- to the petitioners and pass.” 2. In spite of adjourning the matter several times, the respondents have not filed their counter affidavit. 3. The 2nd petitioner is the absolute owner and possessor of an extent of Ac.2.76 cents (Ac.1.54 cents in Sy.No.114-1 and Ac.1.22 cents in Sy.No.114-3), the 1st petitioner is the absolute owner and possessor of an extent of Ac.4.73 cents (Ac.1.38 cents in Sy.No.114-2 and Ac.3.35 cents in Sy.No.115) situated in Pullikallu village of Podalakuru Mandal, SPSR Nellore District. The petitioners have raised petluru variety of acid lime trees in the total extent of Acs.7.64 cents in Sy.Nos.114 and 115. The 3 JS,J W.P.No.21392 of 2024 said lands are situated near Kandaleru Reservoir Bund. Due to seepage of water from the reservoir, the entire crop was damaged. The Scientists of YSR Horticulture University, Tirupathi have visited the petitioners’ land on 16.09.2023 and observed that the crop was damaged due to the seepage water from Kandaleru Reservoir. The petitioners made representations on 08.10.2023 and 17.10.2023 to the respondents Nos.5 and 6. The respondent Nos.6 to 8 have conducted joint inspection on 23.11.2023 and the 7th respondent submitted a report vide Rc.No.B/68/2022, dated 23.12.2023 to the 6th respondent for valuation of the damaged crop and it appears that the 5th respondent wrote a letter to the 4th respondent to examine and obtain necessary approvals from the competent authority for arranging crop compensation. It is further stated that in similar circumstances, the 1st respondent have issued G.O.RT.No.879, dated 18.12.2018 sanctioning crop compensation. As the petitioner is a similarly placed person, whose crop was damaged due to seepage of water from Kandaleru Reservoir Bund, the petitioner is also entitled for compensation in terms of G.O.Ms.No.196, dated 08.07.2020. The learned counsel for the petitioner has also placed on record a statement showing the category wise total compensation value per tree payable to the 4 JS,J W.P.No.21392 of 2024 petitioner. The 5th respondent has addressed a letter to the 3rd respondent on 17.01.2024 to furnish the valuation statement for the damaged crop. In the report submitted by the 7th respondent, dated 23.12.2023, it was stated that the valuation of the crop is Rs.12,83,940/- and the same is pending with the 3rd respondent. 4. Having considered the submissions of learned counsel for the petitioner, and in view of the facts and circumstances of the case, the Writ Petition is disposed of directing the 2nd respondent to pay an amount of Rs.12,83,940/- to the petitioner as per the valuation report prepared by the 7th respondent, Nellore within a period of six weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ______________________________ SMT JUSTICE SUMATHI JAGADAM Date: 04.04.2025 KKV 5 JS,J W.P.No.21392 of 2024 246 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 21392/2024 Date: 04.04.2025 KKV