Extracted from the PDF above. The PDF is authoritative.
APHC010462102022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SATURDAY, THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B. KRISHNA MOHAN WRIT PETITION NO: 30019 OF 2022 Between:
1. Sige Narasamma, W/o. Machi Reddy, aged about 52 years, Sige Machi Reddy, S/o. Subba Reddy, aged about 55 years. 2. 3. Pallem Venkata Subbamma, W/o. Nagi Reddy, aged about 55 years, Sige Madhavi, W/o. Venkata Subba Reddy, aged about 45 years. All are residents of Madhavaram-I, Ontimitta Mandal, Kadapa District. ...Petitioners /
4. AND
1. State of Andhra Pradesh, rep., by the Principal Secretary, I & CAD, Secretariat, Amaravati, Velagapudi, Guntur District. The Special Collector, GNSS Project, Kadapa. The Special Deputy Collector cum LAO, Somasila Project, Unit-IV, Rajampet, Annamaiah District. 2. 3. ...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 order or direction or writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in not paying compensation to the lands of the petitioners for a total extent of Ac. 13.08 cents in Sy. Nos. 280 (Ac. 1.38 cents), 282/1 (Ac. 1.70 cents). 282/2 (Ac.0.80 cents). 283 (Ac.0.82 cents). 297 (Ac.1.20 cents), 396 (Ac.1.47 cents),
388 (Ac. 1.36 cents) and 410 (Ac.4.35 cents) of Kudumuluru village. H/o Bandarupalli. Ontimitta Mandal, Kadapa District the trees existed therein, submerged under foreshore submersion under Somasila project, as highly arbitrary, illegal, null and void apart from Article 300-A of Constitution of India and contrary to the law laid down by this Hon'ble Court in Mekala Pandu's case and consequently to direct the respondent authorities to pay compensation to the petitioners to their lands and trees. lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent authorities to pay compensation to the petitioners to their lands admeasuring total extent of Ac. 13.08 cents in Sy. Nos. 280 (Ac. 1.38 cents). 282/1 (Ac. 1.70 cents). 282/2 (Ac.0.80 cents), 283 (Ac.0.82 cents). 297 (Ac. 1.20 cents). 396 (Ac. 1.47 cents), 388 (Ac.
1.36 cents) and 410 (Ac.4.35 cents) of Kudumuluru village, H/o Bandarupalli, Ontimitta Mandal, Kadapa District and the trees therein, pending disposal of the above writ petition, pending disposal of the above writ petition. Counsel for the Petitioners: SRI BALAJI MEDAMALLI Counsel for the Respondents: GP FOR REVENUE The Court made the following order:
APHC010462102022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] SATURDAY, THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 30019/2022 Between: 1.SIGE NARASAMMA, W/0 MACHI REDDY. AGED ABOUT YEARS. 2.SIGE MACHI REDDY, S/0 SUBBA REDDY, AGED ABOUT YEARS. 3.PALLEM VENKATA SUBBAMMA, W/0 NAGI REDDY AGED ABOUT 55 YEARS, 4.SIGE MADHAVI, W/0 VENKATA SUBBA REDDY, AGED ABOUT 45 YEARS. ALL ARE RESIDENTS OF MADHAVARAM-1, ONTIMITTA MANDAL, KADAPA DISTRICT 52 55 ...PETITIONER(S) AND ESTATE OF ANDHRA PRADESH, REP. SECRETARY. VELAGAPUDI. GUNTUR DISTRICT. 2.THE SPECIAL COLLECTOR, GNSS PROJECT, KADAPA. SPECIAL DEPUTY COLLECTORCUMLAO, PROJECT, UNIT-IV, RAJAMPET, ANNAMAIAH DISTRICT. BY THE PRINCIPAL SECRETARIAT, AMARAVATI, lANDCAD, 3.THE SOMASILA ...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
Tthe'n^fof wm ofM i:™' r<^oTceZrS K H I cents), 388 (Ac. 1.36 cents) and 410 (Ac 4 35 cents) of trees"'e*ted"'thrrer Kadapa District he sr~~Sr=== case and Hon'ble Court in Mekala Pandu's respondent authorities to and trees and to pass lA NO: 1 OF 2022 £tiLtrMara,,TaSa'^stct and ;'eTrets™^ the above wnt petition, pending disposal of the above lit p^itilnird to consequently to direct the pay compensation to the petitioners to their lands lA NO: 1 OF 9091^ ..jr;.r.r: sz, ?r”“- pleased pleased to graht leave to « nign oourt the WP No.30019/2022 to file pass Counsel for the Petitioner(S):
I -BALAJI MEDAMALLI Counsel for the Respondent(S):
1GP FOR REVENUE ..
may be the petitioner herein / Respondent No.3 in counter affidavit in the above writ petition and
3 The Court made the following Order: Heard the
learned counsel for the petitioners and the learned Assistant Government Pleader for the respondents. This writ petition was filed questioning the action of the respondents in not paying compensation to the lands of the petitioners for a total extent of Ac. 13.08 cents in Sy.Nos.280 (Ac. 1.38 cents), 282/1 (Ac. 1.70 cents), 282/2 (Ac.0.80 cents), 283 (Ac.0.82 cents), 297 (Ac.1.20 cents), 396 (Ac.1.47 cents), 388 (Ac. 1.36 cents) and 410 (Ac.1.20 cents) of Kudumuluru Village H/o Bandarupalli, Ontimitta Mandal, Kadapa District and for the trees existed therein, submerged under foreshore submersion under Somasila Project. 2. 3. The learned counsel for the petitioners submits that the petitioners were enjoying the subject lands in their possession continuously for a long period. When they were acquired for Somasila Project they were not suitably compensated. In spite of submitting representations to the authorities concerned, they were not acted upon. On the other hand, the learned AssistantGovernmentPleader relying upon the counter of the 3'^'^ respondent submits that, the husband of the 1®* petitioner, the 2"^^ petitioner and the 3"^^ petitioner had patta lands in Reach No.8 which were acquired in the year 1999 and compensation was also duly paid to them under award No.6/98-99, dated 16.01.1999. All the DKT lands were resumed for which requisition was received and ex-gratia amounts were also duly paid to the DKT land holders. As per the inspection notes of
4. the then Special Deputy Collector, Unit-IV, Somasila Project, Rajampet, i Reach No.8 of Kudumulur village dated 17.12.1995 and as per the requisition of the Requisition Department/ Engineering Department of Somasila Project for the acquisition of lands in Kudumulur Village H/o Bandarupalli and the other survey numbers were classified as government lands as per the Revenue Records. However, the compensation was not paid as there is no provision for payment of compensation/ ex-gratia to the sivaijamedars lands. An extent of Ac. 1.47 cents in Sy.no.396 was handed over to the department in the year 2009. The notice was also issued to the petitioners vide reference No.C/13/2024, dated 08.10.2024 & 17.10.2024 to produce the evidences for their claim. But none of them attended by producing any required proofs. Upon verification of the records, it was confirmed that the subject lands were already handed over to the Requisition Department/ Engineering Department of Somasila Project between the . 1999 to 2008.
Consequently, an endorsement was also issued to the petitioners vide reference No.C/13/2024, dated 25.10.2024. years
5. In reply, the learned counsel for the petitioners submits that petitioners may be given an opportunity to produce the relevant material for the support of their claim. the
6. In view of the above said
facts and circumstances and upon
consideration of the rival submissions made, the petitioners are permitted to submit a comprehensive representation to the respondent Nos.2 & 3
•s 5 enclosing all the necessary documents in support of their claim for payment of compensation if any for the subject lands within a period of four (4) weeks from the date of receipt of this order. On receipt of the same, the respondent Nos.2 & 3 are directed to consider and dispose of the said representation of the petitioners strictly in accordance with law as expeditiously as possible, preferably within a period of three (3) months thereafter by giving due opportunity of hearing to all the parties concerned including the petitioners and upon verification of the records, appropriate order shall be passed on its own merits.
7. Accordingly, the writ petition is disposed of. Interim Order if any deemed to have been vacated. There shall be no order as to costs. As a sequel. Miscellaneous Petitions pending, if any, shall stand closed.
Sd/- P VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// /C SECTION OFFICER To,
1. The Principal Secretary, I & CAD State of Andhra Pradesh, Secretariat, Amaravati, Velagapudi, Guntur District.
2. The Special Collector, GNSS Project, Kadapa.
3. The Special Deputy Collector cum LAO, Somasila Project, Unit-IV, Rajampet, Annamaiah District.
4. One CC to Sri Balaji Medamalli
5. Two CCS to GP for Revenue
6. Two CD Copies Advocate [OPUC] High Court of Andhra Pradesh [OUT] Cnr
HIGH COURT DATED:30/08/2025
ORDER WP NO. 30019 OF 2022 r If SEP 2025 js ^ Sectiqg'^^? a: o' Co DISPOSING OF THE W P WITHOUT COSTS