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2025 DAILYLAW 31969 (AP)

BALARAJU VUJAYALAKSHMI v. THE STATE OF ANDHRA PRADESH

WP/24518/2025 · 2025-09-11

Venkateswarlu Nimmagadda

body2025

Judgment text

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1 APHC010468372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) m Q: 3 h. FRIDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24518 OF 2025 Between: 1. Balaraju Viajayalakshmi, D/o, N. V. Subbaraju, Aged 58 years, R/o. D.No. 23-1191, Sodhan Nagar, Behind RTC, Dargamitta, Nellore. 2. Koneti Achamma, D/o. kanta China Thiummaiah, Aged 65 years, R/o. Mangupalle Post, Mangapaili, SPSR Nellore District. 3. Kanaparthy Reddemma, (Died) Represented by her LR (Son) 4. Kanaparthi Poli Reddy, S/o. Late Kanaparthi.Reddemma Aged 70 years, R/o. D.No. 10-38-15F, Janthapeta MNorth, Kavali, Nellore District. 5. Shaik Khaja Bhi, (Died) Represented by her LRs 6. Shaik Kalesha, S/o. Late Khaja Bhi, Aged 74 years, R/o D.No.27-4- 1171, Sridhar Reddy Street, Balaji Nagar Extension Stonehousepet, Nellore. 7. Shaik rahamathulla, S/o. Late Khaja Bhi, Aged 74 years, R/o. D.No. 27- 1-47, Masjid Street, Balaji Nagar, Stonehousepet, Nellore. 8. Shaik Mohammad Ghouse, S/o Late Khaja Bhi, Aged 73 years, R/o D.No. 27-3-59, Masjid Street, Balaji Nagar, Stonehousepet, Nellore. (Petitioner Nos.6 to 8 ard LRs of the Deceased Petitioner No.5) 9. Chinthala Atchamma @ Lakshumma (Died), Represented by her LR (Son) Chinthala Malakondaiah, S/o. late Chinthala Atchamma @ f' #;• Lakshumma. Aged 73 years, R/o. D.No. 25-2-1082, Revenue Colony, Sri Rajarajeswari temple, Dargamitta, Nellore. . lO.Valluru Veeraiah (Died), Represented by his LRs (Wife and Sons) II.Kalluri Chinnamma @ Vallum Chinnamma, W/o Late Vallum Veeraiah, Aged 75 years, R/o. D.No. 15/61-C, Kummarapallli, Nagireddypalli , Nandalur, YSR Kadapa District. 12.Valluru Narayana, S/o. Late Veeraiah, D.No.15/61- Aged 54 years, R/o. C, Kummarapallli, Nagireddypalli, Nandalur, YSR Kadapa District. IS.Valluru Venkateswarulu, S/o. Late Veeraiah Aged 44 years, R/o. D.N0.15/61-C, Kummarapallli, Nagireddypalli, Nandalur, YSR Kadapa District. (Petitioner Nos.11 to 13 are LRs of the Deceased Petitioner No.10) 14.Koneti Pedda Rosaiah, (Died) Represented by his LR(Daughter-in-law) 15.Koneti Achamma, D/o. Kanta China Thiummaiah Aged 65 years, R/o. Mangupalle Post, Mangapalli, SPSR Nellore District. (Petitioner No.15 is LR of the Deceased Petitioner No.14) AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Irrigation and CAD Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. District Collector, Kadapa District at Kadapa. 3. Special Collector LA, Galeru Nagari Srujala Sravanthi(GNSS), Kadapa, Kadapa District. 4. Special Deputy Collector LA, Telugu Ganga Project- Unit -II, Kadapa, Kadapa District. ...Petitioners ...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 a writ, order or direction more particularly one in the nature I of WRIT OF MANDAMUS declaring the action of the respondents 3 and 4 iin not paying the compensation for the trees missed in the Award despite being notified in the 4(1) Draft Notification and 5-A Form inspite of the recommendation made by the 3-'' respondent to 4*^ respondent vide Ref.No.A3/5370/1995 dated 13.06.2025 in pursuant to our representations dated 21.02.2014, 18.03.2020, 19.10.2023 and 11.06.2025 illegal, irregular, arbitrary, violative of the provisions of the Land Acquisition Act, 1894 and rules framed therein and offends articles 14, and 300-A of as Constitution of India and consequently direct the respondents to pay the compensation to the petitioners for their missing trees. lA NO: 1 OF 2025 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 respondents to pay the compensation to the petitioners for their missing trees as per 4(1) Draft Notification and 5-A Form, in view of the recommendation made by the 3'"^ respondent to 4*'^ respondent vide Ref.No.A3/5370/1995 dated 13.06.2025 in pursuant to our representations dated 21.02.2014, 18.03.2020, 19.10.2023 and 11.06.2025, pending disposal of the main Writ Petition. Counsel for the Petitioners: SRI NAVULURU KRISHNA SAI Counsel for the Respondent No.1 : GP FOR IRRIGATION AND COMMAND AREA DEVELOPMENT Counsel for the Respondent No.2 : GP FOR REVENUE Counsel for the Respondent Nos.3 & 4 : GP FOR LAND ACQUISITION The Court made the following order: P'-' ..1.. • ■ JL • • APHC010468372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24518/2025 Between: 1. BALARAJU VUJAYALAKSHMI, D/O N V SUBBARAJU, AGED 58 YEARS. R/0 D.NO. 23-1191, SODHAN NAGAR, BEHIND RTC, DARGAMITTA, NELLORE. D/O KANTA CHINA THIUMMAIAH, 2. KONETl ACHAMMA AGED 65 YEARS, R/0 MANGUPALLE POST, MANGAPALLl. j j SPSR NELLORE DISTRICT. 3. KANAPARTHY REDDEMMA, (DIED) REPRESENTED BY HER LR (SON) LATE S/0 REDDY POLI 4. KANAPARTHl KANAPARTHI.REDDEMMA AGED 70 YEARS, R/0 D.NO. 10- JANTHAPETA MNORTH, KAVALI, NELLORE j} 38-15F, DISTRICT. 5. SHAIK KHAJA BHl, (DIED) REPRESENTED BY HER LRS 6. .SHAIK KALESHA,, S/0 LATE KHAJA BHl, AGED 74 YEARS, R/0 D.NO.27-4-1171, SRIDHAR REDDY STREET, BALAJl NAGAR EXTENSION STONEHOUSEPET, NELLORE. 7. . SHAIK RAHAMATHULLA, , S/0 LATE KHAJA BHl, AGED 74 YEARS, R/6 D.NO. 27-1-47, MASJID STREET, BALAJl NAGAR, STONEHOUSEPET, NELLORE. ..T.. 8. SHAIK MOHAMMAD GHOUSE,, S/0 LATE KHAJA BHI, AGED 73 YEARS, R/0 D.NO. 27-3-59, MASJID STREET, BALAJI NAGAR, STONEHOUSEPET, NELLORE. 9. CHINTHALA ATCHAMMA LAKSHUMMA (DIED), REPRESENTED BY HER LR (SON) CHINTHALA MALAKONDAIAH, S/0 LATE CHINTHALA ATCHAMMA @ LAKSHUMMA, AGED 73 YEARS, R/0 D.NO. 25-2-1082, REVENUE COLONY, SRI RAJARAJESWARI TEMPLE, DARGAMITTA, NELLORE. . 10.VALLURU VEERAIAH (DIED), REPRESENTED BY HIS LRS (WIFE AND SONS) 11.KALLURI CHINNAMMA @ VALLUM CHINNAMMA, W/0 LATE VALLUM VEERAIAH, AGED 75 YEARS, R/0 D.N0.15/61-C, KUMMARAPALLLI, NAGIREDDYPALLI, NANDALUR, YSR KADAPA DISTRICT. 12.. VALLURU NARAYANA, , S/0 LATE VEERAIAH, AGED 54 KUMMARAPALLLI, YEARS, R/0 D.NO. 15/61-C NAGIREDDYPALLI, NANDALUR, YSR KADAPA DISTRICT. 13. VALLURU VENKATESWARULU,, S/0 LATE VEERAIAH AGED 44 YEARS, R/0 D.N0.15/61-C, KUMMARAPALLLI, NAGIREDDYPALLI, NANDALUR, YSR KADAPA DISTRICT. 14.KONETI PEDDA ROSAIAH, (DIED) REPRESENTED BY HIS LR(DAUGHTER-IN-LAW) 15.KONETI ACHAMMA D/0 KANTA CHINA THIUMMAIAH AGED 65 YEARS, R/0 MANGUPALLE POST, MANGAPALLI, SPSR NELLORE DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO IRRIGATION AND CAD DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. ••3“ 2. DISTRICT COLLECTOR, KADAPA DISTRICT AT KADAPA. 3. SPECIAL COLLECTOR LA, GALERU NAGARI SRUJALA SRAVANTHI(GNSS), KADAPA, KADAPA DISTRICT. 4. SPECIAL DEPUTY COLLECTOR LA, TELUGU GANGA PROJECT- UNIT -II, KADAPA, 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 pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents 3 and 4 in not paying the compensation for the trees missed in the Award despite being notified in the 4(1) Draft Notification and 5-A Form, inspite of the recommendation made by the 3rd respondent to 4th respondent vide Ref.No.A3/5370/1995 dated 13.06.2025 in pursuant to our representations dated 21.02.2014, 18.03.2020, 19.10.2023 and 11.06.2025 as provisions of the Land Acquisition Act, 1894 and rules framed therein and offends articles 14, and 300-A of India and consequently direct the respondents to pay the compensation to the petitioners for their missing trees and to pass Counsel for the Petitioner(S): 1.NAVULURU KRISHNA SAI illegal, irregular, arbitrary, violative of the Constitution of Counsel for the Respondent{S): 1.GP FOR REVENUE 2.GP FOR LAND ACQUISITION 3.GP FOR IRRI AND CAD ::4:: r THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24518 of 2025 This Court made the following ORDER: The Instant Writ Petition under Article 226 of the Constitution of India is filed by the Petitioner for the following relief: “..to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents 3 and 4 in not paying the compensation for the trees missed in the Award despite being notified in the 4(1) Draft Notification and 5-A Form, inspite of the recommendation made by the 3^*^ respondent to 4‘^ respondent vide Ref.No.A3/5370/1995 dated 13.06.2025 in pursuant to representations dated 21.02.2014, 18.03.2020, 19.10.2023 and 11.06.2025 as illegal, irregular, arbitrary, violative of the provisions of the Land Acquisition Act, 1894 and rules framed therein and offends articles 14 and 300-A of Constitution of India and consequently direct the respondents to pay the compensation to the petitioners for their missing trees and to pass” Though the petitioners made several allegations against ' the respondents, during hearing, learned counsel for the petitioners requested this Court, without touching the merits of the case, to issue a direction to the respondents to dispose of the 2. ..c.. • •■■I • • representations dated 21.02.2014, 18.03.2020, 19.10.2023 and 11.06.2025 of the Petitioners. Learned Government Pleader readily agreed to dispose of 3. the representations of the petitioners dated 21.02.2014 18.03.2020, 19.10.2023 and 11.06.2025, if any pending with the authorities. In view of the submission of the learned Government 4. Pleader, this Court need not decide the truth or otherwise of the allegations made in the petition. This Court is conscious that no such direction be issued, in view of the judgment of the Apex Court in “The Government of India v. P.Venkatesh 1» wherein ■ the Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do no service to the cause of justice. As the learned counsel for the petitioners himself requested to issue a direction to dispose of the representations dated 21.02.2014, 18.03.2020 19.10.2023 and 11.06.2025, this Court find no other alternative except to issue such direction. 5. In the result, the writ petition is disposed of, directing the respondents to dispose of the representations dated 21.02.2014 2019(8) SCALE 544 %'4- 6 f 18.03.2020, 19.10.2023 and 11.06.2025 of the Petitioners with rd reference to proceedings dated 13.06.2025 addressed by the 3 respondent and take steps for payment of compensation as per entitlement of the petitioners within a period of two (02) months . from the date of receipt of a copy of this order. No costs. Consequently, interlocutory applications pending, if any shall also stand closed. Sd/- K. TATA RAO deputy registrar //TRUE COPY// SECTION OFFICER 1. The Principal Secretary to Irrigation and CAD Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amara'yati, Guntur District. 2. District Collector,. Kadapa District at Kadapa. 3. The Special Collector LA, Galeru Nagari Srujala Sravanthi(GNSS), Kadapa, Kadapa District. 4. The Special Deputy Collector LA, Telugu Ganga Project- Unit -II, Kadapa, Kadapa District. 5. One CC to Sri Navuluru Krishna Sai, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 7. Two CCs to GP for Land Acquisition, High Court of Andhra Pradesh [OUT] 8. Two CCs to GP for Irrigation and Command Area Development, High Court of Andhra Pradesh [OUT] 9. Two CD Copies To, Cnr HIGH COURT DATED:12/09/2025 ORDER WP NO. 24518 OF 2025 5 U SEP 2025 ^ ^ Curnni saciion DISPOSING OF THE W.P. WITHOUT COSTS