Extracted from the PDF above. The PDF is authoritative.
r" V IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE NINALA JAYASURYA AND HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT NOS: 17 AND 25 OF 2017 LAAS NO: 17 OF 2017: APHC010109372017 Appeal under Section 54 of the Land Acquisition Act, 1894 against the Order and Decree, dated 29-03-2014 passed in LAOP.No.503 of 2008 on the file of the Principal Senior Civil Judge, Nandyal, Kurnool District. Between: Special Deputy Collector (Land Acquisition), New B.G.Railway Line Nandyal, Kurnool District. ...Appellant/Referring Officer AND
1. Gundam Sarveswara Reddy, S/o.Chinna Narsi Reddy, aged 45 years, R/o. Mittapalli Village, Banaganapalli Mandal, Kurnool District. ...Respondent/Claimant
2. Union of India, Represented by its General Manager, South Central Railway, Secunderabad. (Impleaded proposed respondent as Respondent No.2 Vide Court
Order, dated 02-01-2025 in I.A.No.1 of 2019 in LAAS No.17 of 2017) ...Respondent lA NO: 1 OF 2017(LAASMP 41 OF 2017) 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 stay all further proceedings in pursuance of the Judgment and decree made in O.P.No.503 of 2008 dated 29.03.2014 on the file of Principal Senior Civil Judge, Nandyal including execution proceedings in E.P.No.62 of 2015 on the file of the Principal Senior Civil Judge, Nandyal pending disposal of the above appeal.
lA NO: 2 OF 2017(LAASMP 1933 OF 2017) 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 some more time to the petitioner/appellant for compliance of the Orders of the Court dated 01-02-2017 in LAASMP No.41 of 2017 in LAAS No.17 of
2017. Counsel for Appellant: Sri T.S.Rayalu, GP for Appeals Counsel for Respondent No.liSri Upendra, Advocate representing Sri Harija Akkineni Counsel for Respondent No.2: Smt N.Sasikala (No representation)
LAAS NO: 25 OF 2017: APHC010448562017 S Appeal under Section 54 of the Land Acquisition Act, the Order and Decree, dated 29-03-2014 on the file of the Principal Senior Civil Judge, Nandyal, Kurnool District. Between: 1894 against passed in LAOP.No.226 of 2011 Special Deputy Collector (Land Acquisition), New B.G.Railway Line, Nandyal, Kurnool District. ...Appellant/Referring Officer AND
1. Jonnala Nagaraju, S/o.Subbanna, Mandal, Kurnool District. R/o.Banaganapalli Village and .. .Respondent/Claimant
2. Union of India, Represented by its General Manager, South Central Railway, Secunderabad. (Impleaded proposed respondent as Respondent No.2 Vide Court
Order, dated 02-01-2025 in I.A.No.1 of 2019 in LAAS No.25 of 2017) ...Respondent [A NO: 1 OF 2017fLAASMP 47 OF 2017) 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 stay all further proceedings in pursuance of the Judgment and decree made in O.P.No.226 of 2011 dated 29.03.2014 on the file of Principal Senior Civil Judge, Nandyal including execution proceedings in E.P.No.61 of 2015 on
the file of the Principal Senior Civil Judge, Nandyal pending disposal above appeal.
lA NO: 2 OF 2017(LAASMP 1578 OF 2017) 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 some more time to the petitioner/appellant to comply the Court dated 01-02-2017 in LAASMP No.47 of 2017 in LAAS No.25 of 2017. Counsel for Appellant: Sri T.S.Rayalu, GP for Appeals Counsel for Respondent No.1:Sri Upendra, Advocate Sri Harija Akkineni Counsel for Respondent No.2: Smt N.Sasikala (No The Court made the following Common Judgment: of the Orders representing representation)
1 NJS, J & TRR, J LAAS_17 & 25_2017 APHC010109372017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3526] THURSDAY,THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA AND THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT NOs: 17 and 25 of 2017 LAAS No.17 of 2017 Between:
1. Special Deputy Collector (Land Acquisition), New B.G.Railway Line, Nandyal, Kurnool District. ...APPELLANT AND I.Gundam R/0. Mittapalli Village, Banaganapalli Mandal, Kurnool District.
2. Union Of India, Represented By Its General Manager, South Central Railway, Secunderabad. Sarveswara Reddy S/o.Chinna Narsi Reddy, ...RESPONDENT(S): Counsel for the Appellants:
1.GP FOR APPEALS (AP) Counsel for the Respondent(S):
1.MS.HARIJA AKKINENI 2.Smt.N.SASIKALA
2 , { 1 NJS, J & TRR, J LAAS„17 & 25_2017 4 The Court made the following Common Judgment: (Per NJS, J) Heard Mr.T.S.Rayalu, learned Government Pleader for Appeals for the appellants. Also heard Mr.Upendra, learned counsel representing the counsel nd for the respondents / claimants. None appeared on behalf of the 2 respondent.
2. The learned Principal Senior Civil Judge, Nandyal, by a Common Order dated 29.03.2014
disposed of L.A.O.P.Nos.501, 502, 503 of 2008 and O.P.Nos.226 and 227 of 2011. In the said O.Ps., filed by the claimants, who lost their lands acquired for the purpose of New B.G.Railway Line from Nandyal to Yerraguntia, Kadapa District, the Reference Court, fixed the ’ market value of the acquired lands @ Rs.3,40,000/- per acre as against Rs.5,00,000/- claimed by the land owners.
3.
Learned counsel for the respondents / claimants, appearing in the present appeals filed against the orders passed in O.P.Nos.503 of 2008 and 226 of 2011, placed copies of the orders in LAASMP.No.869 of 2016 in/and LAAS (SR) No.8699 of 2016 dated 06.02.2017 and LAAS (SR) No.8585 of 2016 & batch dated 08.02.2017 passed by a Division Bench of the erstwhile Common High Court for the State of Telangana and for the State of Andhra Pradesh. In Land Acquisition Appeal (SR) No.8699 of 2016 filed against LAOP No.501 of 2008, the learned Division Bench was not inclined to condone the delay of 703 days in preferring the appeal and dismissed the same. So far as the appeals preferred against the Common
Order dated 29.03.2014 in
3 NJS, J & TRR, J LAAS_17 & 25_2017 31 O.P.No.502 of 2008 and O.P.No.227 of 2011 vide LAAS (SR) No.7842 of 2016 and LAAS (SR) No.7859 of 2016 respectively, the very same Bench rejected the appeals for non-service of notices on the respondents and accordingly, dismissed the said’ appeals at the S.R., stage. No information was forthcoming with reference to the steps, if any, taken for restoration of the said appeals. Thus, out of the five appeals filed against the Common Order dated 29.03.2014, three were dismissed. Be that as it may. Insofar as these two remaining appeals are concerned, the Docket Proceedings dated 30.11.2016 would go to show that the delay of 703 days was condoned subject to payment of costs. Subsequently, vide Orders dated 01.02.2017, the interim stay of execution proceedings was granted subject to deposit of the costs and 50% of the enhanced compensation, within a period of twelve(12) weeks. A reading of the subsequent docket proceedings would indicate that the interim orders dated 01.02.2017 were not complied with, within the stipulated time and ultimately by an Order dated 14.12.2017, the Court extended the time by four (4) weeks with a default clause, the relevant portion of which reads as follows:
4. “In the event of default in complying with the order within this extended time, the stay order shall stand vacated and it would be open to the respondent / claimant to seek execution of the judgment and decree under appeal in accordance with law.” Nothing is placed on record by the respondents about the compliance of the order after the period for deposit was extended. In the said circumstances. 5. 4 NJS, J & TRR, J LAAS_17 & 25_2017 f more particularly as three of the appeals arising out of the common order were already dismissed in the year 2017, this Court has no option except to dismiss the present appeals. 6. For the reasons stated supra, the appeals are dismissed. No costs. Consequently, the Miscellaneous Applications pending, if any, shall also stand dismissed. Sd/- S.V.S.R.MURTHY JOINT REGISTRAR //TRUE COPY// SrcTlbN OFFICER To,
1. The Principal Civil Judge (Senior Division), Nandyal, Kurnool District. (With records)
2. Two CCS to GP for Appeals, High Court of Andhra Pradesh at Amaravati. [OUT]
3. One CC to Smt N.Sasikala, Advocate [OPUC]
4. One CC to Sri Harija Akkineni, Advocate [OPUC]
5.
The Section Officer, V.R Section, High Court of Andhra Pradesh at Amaravati
6. Two CD Copies BSV vna
•I •A m HIGH COURT DATED:10/07/2025 COMMON JUDGMENT AND DECREE LAAS NOS. 17 AND 25 OF 2017 DISMISSING THE APPEALS WITHOUT COSTS
APHC010448562017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY.FIVE PRESENT HONOURABLE SRI JUSTICE NINALA JAYASURYA AND HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT NO: 25 OF 2017 Between; Special Deputy Collector (Land Acquisition), New B.G.Railway Line, Nandyal, Kurnool District. ...Appellant/Referring Officer AND
1. Jonnala Nagaraju, S/o.Subbanna, R/o.Banaganapalli Village and Mandal, Kurnool District. .. .Respondent/Claimant
2. Union of India, Represented by its General Manager, South Central Railway, Secunderabad. (Impleaded proposed respondent as Respondent No.2 Vide Court
Order, dated 02-01-2025 in LA.No.1 of 2019 in LAAS No.25 of 2017) ...Respondent
Appeal under Section 54 of the Land Acquisition Act, 1894 the Order and Decree, dated 29-03-2014 passed in LAOP.No.226 of 2011 on the file of the Principal Senior Civil Judge, Nandyal, Kurnool District. This appeal coming on for hearing and upon perusing the grounds of appeal, the Order and Decree of the Trial Court, and material papers in the petition and upon hearing arguments of Sri T.S.Rayalu, Government Pleader for Appeals/Appellant and of Sri Upendra, Advocate representing Sri Harija Akkineni, Advocate for Respondent No.1 and Smt N.Sasikala, Advocate for Respondent No.2. against THIS COURT DOTH ORDER AND DECREE:
1. That the Appeal be and hereby is dismissed; and
2. That there be no order as to costs in this Appeal.
Sd/- S.V.S.R.MURTHY JOINT REGISTRAR //TRUE COPY// SECmON OFFICER To,
1. The Principal Civil Judge (Senior Division), Nandyal, Kurnool District.
2. Two CD Copies vna
i HIGH COURT DATED:10/07/2025 DECREE LAAS NO. 25 OF 2017 ^ 0« AUG 2025 1^ ^■^^saisass-^ Co DISMISSING THE APPEAL WITHOUT COSTS
A APHC010109372017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE NINALA JAYASURYA AND HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT NO: 17 OF 2017 Between: Special Deputy Collector (Land Acquisition), New B.G.Railway Line, Nandyal, Kurnool District. ...Appellant/Referring Officer AND
1. Gundam Sarveswara Reddy, S/o.Chinna Narsi Reddy, aged 45 years, R/o. Mittapalli Village, Banaganapalli Mandal, Kurnool District. ... Respondent/Claimant
2. Union of India, Represented by its General Manager, South Central Railway, Secunderabad. (Impleaded proposed respondent as Respondent No.2 Vide Court
Order, dated 02-01-2025 in I.A.No.1 of 2019 in LAAS No.17 of 2017) ...Respondent
/ Appeal under Section 54 of the Land Acquisition Act, 1894 against the Order and Decree, dated 29-03-2014 passed in LAOP.No.503 of 2008 the file of the Principal Senior Civil Judge, Nandyal, Kurnool District. This appeal coming on for hearing and upon perusing the grounds of appeal, the Order and Decree of the Trial Court, and material papers in the petition and upon hearing
arguments of Sri T.S.Rayalu, Government Pleader for Appeals/Appellant and of Sri Upendra, Advocate representing Sri Harija Akkineni, Advocate for Respondent No.1 and Smt N.Sasikala, Advocate for Respondent No.2. on THIS COURT DOTH ORDER AND DECREE:
1. That the Appeal be and hereby is dismissed; and
2. That there be no order as to costs in this Appeal.
Sd/- S.V.S.R.MURTHY JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Civil Judge (Senior Division), Nandyal, Kurnool District.
2. Two CD Copies VNA
y HIGH COURT { DATED:10/07/2025 DECREE LAAS NO. 17 OF 2017 0 'I AUG 2025 )% Trent Section.^' o coj DISMISSING THE APPEAL WITHOUT COSTS