APHC010430972021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 26227/2021 Between: 1.E. Rama Subba Reddy, s/o. Late Venkata Subba Reddy, aged about 68 years, r/o. H.no.42/347-11b, Simhapuri Colony, kadapa city, Y.S.R District. 2.E.Sasank Reddy, S/o. E. Rama Subba Reddy, aged about 31 years, R/o. H.N0.42/347-11B, Simhapuri Colony, Kadapa City, Y.S.R District. ...PETITIONERS AND I.The State of Andhra Pradesh, Rep., by its Principle Secretary, Irrigation and Command Area Development Department, Secretariat Buildings, Velgapudi, Amaravati, Guntur District. 2.The Chief Commissioner, of Land Administration, D.No.189, 2nd Floor B-Block, Gollapudi, Himagna Towers, NTR Marg, LIC Colony Vijayawada, Andhra Pradesh 521225 3.The Special Collector, GNSS (Galeru Nagari Sujalasravanthi), Kadapa, Y.S.R. District. 4.The Special Deputy Collector (LA), Somasila Project, UNIT-IV, Rajampeta, Y.S.R. District. ...RESPONDENTS 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 appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus the inaction on the part of the respondent Nos., 1, 3 and 4 in paying of compensation by passing the Supplementary Award for the Bore Wells, MTLR Shed Tin sheet shed. Fencing and Pipe Lines which were in existence in Sy.Nos.385/1, 444/1, 456/7, 457, 469/3, 473 and 474/2 situated in Malinenipatnam Village, Atlur Mandal, Y S.R. District in Reach Nos. 13 and 16 based on the structural valuation statements of the Engineering Department, dated 08.03.1994 and also Award Nos.2/94 3/94, dated 08.03.1994 and dated 11.03.1994 respectively passed by the respondent No.4 acquiring the land and the structures therein for Somasila Project, evenafter a long lapse of (26) twenty six years as arbitrary, illegal, colorable exercise of power and contrary to the well established legal principles apart from being violative of the fundamental and Constitutional rights guaranteed to the petitioners under Articles 14, 19, 21 and 300A of the Constitution of India and consequently direct the respondent Nos. 1,3 and 4 to pass Supplementary Awards for the MTLR Shed, Tin sheet shed. Bore wells. Structures, Fencing and the Pipe lines which Sy.Nos.385/1, 444/1, 456/7, 457, 469/3 Malinenipatnam Village, Atlur Mandal, Y.S.R. District passing of Awards No.2/94 and 3/94, dated 08.03.1994 and 11.03.1994 and pay compensation for the same, forthwith. lA NO: 1 OF 2021 f and were in existence in 473 and 474 situated in as on the date of 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 respondent Nos.1, 3 ahd 4 to pass Supplementary Awards for the MTLR Shed, Tin sheet shed, Bore Wells, Structures, Fencing and the Pipe lines which were in existence in Sy.Nos.385/1, 444/1, 456/7, 457, 469/3, 473 and 474 situated in Malinenipatnam Village, Atlur Mandal, Y.S.R. District as on the date of passing of Awards No.2/94 and 3/94, dated 08.03.1994 11.03.1994 and pay compensation for the same, pending disposal of the above Writ Petition. and % Counsel for the Petitioner: SRI V R REDDY KOWURI Counsel for the Respondent Nos. 2 to 4: GP FOR LAND ACQUISITION Counsel for the Respondent No.1: GP FOR IRRIGATION COMM AREA DEV The Court made the following: ORDER 1 % APHC010430972021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 26227/9091 [3505] Between: E. Rama Subba Reddy, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others Counsel for the Petltloner(S): 1.VR REDDY KOWURI Counsel for the Respondent(S): 1.GP FOR LAND ACQUISITION 2.GP FOR IRRIGATION COMM AREA DEV ...RESPONDENT(S) 2 % The Court made the following order: The present Writ Petition is filed questioning the inaction of the respondents in passing supplementary award for the Bore Wells, MTLR Shed, Tin sheet shed. Fencing and Pipe Lines which were in existence in Sy.No.385/1, 444/1,456/7, 457, 469/3, 473 and 474/2 situated in Malinenipatnam Village, Atlur Mandal, Y.S.R. District, as on the date of passing of Awards Nos.2/94 and 3/94, dated 08.03.1994 and 11.03.1994 respectively. 2. It is the case of the petitioners that their ancestors were the absolute owners and possessors of the lands admeasuring an extent of Ac. 1.00 cents in Sy.No.385/1, Ac.0.63 cents in Sy.No.456/7, Ac.7.08 cents in Sy.No.457, Ac.0.72 cents in sy.No.469/3, Ac.1.35 cents in Sy.No.473, Ac.4.68 cents in Sy.No.474/2 and Ac.0.71 cents in Sy.No.444/1 of the Malinenipatnam Village. The subject lands were acquired by the respondents and accordingly passed awards. Though the lands of the petitioners were acquired and compensation was paid towards the same, the respondents did not choose to pay compensation in respect of the structures existing thereon. It is further case of the petitioners that, subsequently, supplementary 3 awards were passed in favour of similarly situated persons like that of the petitioners, towards the structures. 3. On the other hand, the respondents 3 & 4 filed counter affidavit stating that payment of compensation for the structures existing over the subject lands could not be paid, despite a valuation statement dated 08.031994, furnished by the Engineering Department. The respondents have further stated that though the values were determined for the structures existing on the land in dispute, compensation could not be paid in view of the fact that the records pertaining to the subject lands were seized by Anti Corruption Bureau authorities during the year 1984. It is further stated in the counter affidavit that the said records were returned to the Special Deputy Collector, (LA), SSP Unit-IV, Rajampet, in the year 2006-07. The counter further reads that, despite receipt of the records from the ACB officials, the respondents could not take action as against the petitioners for passing the supplementary award. Having considered the submissions made by both the 4. learned counsel and upon perusing the pleadings in the instant 4 case, this Court feels that it is appropriate to dispose of the present writ petition with the following direction; “The respondents are directed to pass supplementary award in favour of the petitioners in accordance with law by taking into consideration of the valuation statement dated 08.03.1994, furnished by the Engineering Department, in respect of the structures existing over the subject lands, within a period of six (06) months from the date of receipt of copy of this order. 5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscetlaneous application pending, if any shall stand closed. Sd/-NNAGAMMA ASSISTANT registrar SECTION OFFICER //TRUE COPY// ^ To, 1. The Principal Secretary, Irrigation and Command Area Development Department, Secretariat Buildings, Velgapudi, Amaravati, Guntur District. 2. The Chief Commissioner, of Land Administration, D.No.189, 2nd Floor Himagna Towers, NTR Marg, LIC Colony Vijayawada, Andhra Pradesh 521225 3. The Special Collector, GNSS (Galeru Nagari Sujalasravanthi), Kadapa, Y.S.R. District 4. The Special Deputy Collector (LA), Somasila Project, UNIT-IV, Rajampeta. Y.S.R. District 5. One CC to Sri V R Reddy Kovvuri, Advocate [QPUC] 6. Two CCs to GP for Land Acquisition, High Court of Andhra Pradesh. [OUT] 7. Two CCs to GP for Irrigation and CAD, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies TF(gsg) B-Block, Gollapudi HIGH COURT DATED;19/06/2025 ORDER WP 26227/2021 ^ 0 7 JIIL 2075 jn irwitSwOofl^^^ Co ★ DISPOSING OF THE W.P. WITHOUT COSTS