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High Court of Andhra Pradesh · body

2025 DAILYLAW 31952 (AP)

A. Srinivasulu v. The State of Andhra Pradesh,

WP/22877/2017 · 2025-08-29

V Sujatha

body2025

Judgment text

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APHC010467862017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] SATURDAY,THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 22877/2017 Between: 1. A. SRINIVASULU, S/O. A. RAMANAIAH, AGED ABOUT 35 YEARS, OCC: AGRICULTURE, RIO 4-190-A,CHINNAPADAMALA VILLAGE, TADIPATRI MANDAL, ANANTAPUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, YSR KADAPA DISTRICT AT KADAPA. 3. THE PROJECT OFFICER GANDIKOTA CUM REVENUE, DIVISIONAL OFFICER, JAMMALAMADUGU, YSR KADAPA DISTRICT. 4. THE SPECIAL COLLECTOR FOR LAND ACQUISITION, GALERU NAGARI SUJALA SRAVANTHI PROJECT, KADAPA, YSR KADAPA DISTRICT. 5. THE SPECIAL DEPUTY COLLECTOR FOR LAND, ACUQUISITION, GALERU NAGARI SUJALA SRAVANTHI PROJECT, MUDDANURU, YSR KADAPA DISTRICT. 6. THE TAHASIDAR KONDAPURAM YSR 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 may be 2 pleased toto issue a writ or order more particularly one in the nature writ of mandamus or an appropriate writ or order declaring the inaction of the respondents 3 to 6 in issuing the cheque for Rs. 6,75,000/- which was granted to the petitioner under the R&R Package by rectifying his surname is illegal, arbitrary and contrary to the Principles of Natural Justice and consequently direct them to re-issue the cheque forthwith and pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of IA NO: 1 OF 2017(WPMP 28174 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 direct the respondents 3 to 6 to re-issue the cheque for Rs. 6,75,6601- granted under the gratuitous relief under R&R Package by correcting the petitioner's surname forthwith pending disposal of the above writ petition and pass such other order or orders as this Hon'ble Court may deem fit and proper in the interests of justice. Counsel for the Petitioner: 1. KOTI REDDY IDAMAKANTI Counsel for the Respondent(S): 1. GP FOR LAND ACQUISITION (AP) 2. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 3 ORDER: The present writ petition is filed to declare the inaction of respondents 3 to 6 in issuing the cheque for Rs. 6,75,000/–, granted to the petitioner under the R&R package by rectifying his surname, as illegal and arbitrary. 2. (a) The case of the petitioner is that the petitioner’s land was acquired by the respondent authorities under Galeru Nagari Sujala Sravanthi Project as the petitioner’s village was declared as a submerged village under the said project. Petitioner’s father was paid the compensation for the house that was acquired by the respondents. However, the Project was not completed and the petitioner continued to reside in the said village. Upon completion of the said project, the Government intended to lift the water into the Gandikota Project. Consequently, the villagers were directed to vacate the said village. At that time, negotiations took place between the 1st respondent and the villagers regarding payment of the compensation for rehabilitation and resettlement. (b) After due deliberations, the 1st respondent issued G.O.Rt.No.4, dated 04.01.2017 directing payment of Rs.6,75,000/- to each person residing in the village being relocated. Accordingly, a list of beneficiaries was prepared duly verifying the residents of the village in which, the petitioner’s name was also included. The 3rd respondent issued a cheque for Rs.6,75,000/- to the petitioner along with others. Upon verification of the cheque, the petitioner found that his surname was wrongly mentioned as “Avula Kondi” instead of “Avula’. Hence, the petitioner approached the 3rd respondent, requesting to 4 rectify the said error and reissue the cheque in his favour. As the respondents failed to rectify the mistake, the petitioner filed the present writ petition. 3. Today, when the matter came up for hearing, the learned Assistant Government Pleader furnished a copy of the instructions issued by the Revenue Divisional Officer, Jammalamadugu, wherein it was stated that, after filing of the writ petition, the petitioner had not approached their office seeking rectification of the aforesaid mistake. It is further stated that the respondents are ready to rectify the said mistake and issue a fresh cheque in favour of the petitioner as and when he approaches their office. 4. Considering the submission of learned Assistant Government Pleader based on the instructions furnished by Revenue Divisional Officer, instead of keeping the writ petition pending, this Court deems it appropriate to dispose of the writ petition directing the petitioner to approach the 2nd respondent-The District Collector, within two (2) weeks from the date of receipt of a copy of this order. Upon such approach, the respondents after verifying the name of the petitioner in the beneficiaries list, shall issue a fresh cheque for Rs.6,75,000/- to the petitioner by rectifying the error in the surname. This process shall be completed within four (4) weeks thereafter. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. __________________ JUSTICE V.SUJATHA Date:30.08.2025 KA 5 6 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 22877 of 2017 Date:30.08.2025 KA