IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI TUESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO % I AND THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT APPEAL Nos. 890 AND 955 OF 2024 WRIT APPEAL NO: 890 OF 2024 Writ Appeal under clause 15 of the Letters Patent against the order dated 28.02.2024 in WP No.25652 of 2021 on the file of the High Court. Between; 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Land Acquisition) Department Velagapudi Amaravati Guntur District. 2. The District Collector, Kurnool District, Kurnool. 3. The Revenue Divisional Officer, Kurnool, Kurnool District. 4. The Tahsildar, Orvakal Mandat, Kurnool District ...Appellants/Respondents in WPNo.25652/2021 AND 1. Smt. P. Venkatalakshamma, W/o P. Thirupalu, aged 53 years, Occu Cultivation R/o Orvakal village Orvakal Mandal Kurnool District. 2. Smt. C. Lakshmi Devi, W/o C Subbanna aged 48 years, Occ.Cultivaton R/o Orvakal village Orvakal Mandal Kurnool District. 3. Smt Y. Jayamma, W/o Ramachandra Reddy, aged 62 Cultivation Tippayapalle village, Orvakal Mandal Kurnool 4. Smt. Y. Subbamma, W/o Narayana Reddy, aged 52 Cultivation R/o Hussainapuram village Orvakal Mandal 5. S Ramakrishna Reddy, S/o Chinna Pulla Reddy, aged Cultivation R/o Hussainapuram village Orvakal Mandal years Occ District, years, Occ Kurnool District 45 years, Occ Kurnool District. 6. Smt. P. Masumbee, W/o Pedda Yodhin, aged 48 years, Occ Cultivation R/o Hussajnapuram village, Orvakal Mandal Kurnool District. 7. Smt. S. Padmavatamma, W/o Parameswara Reddy, aged 45 years Occ District. Cultivation R/o Orvakal village, Orvakal Mandal Kurnool 8. Smt. Y. Sujathamma, W/o Ramakrishna Reddy, aged about 48 years Occ Cultivation R/o Orvakal village, Orvakal Mandal Kurnool 9. Smt K. Eswaramma. W/o Mallikarjuna Reddy, aged 49 Cultivation R/o Orvakal village, Orvakal Mandal Kurnool District. 10. Smt. C. Lachamma, W/o C. Giddaiah aged 51 Cultivation,R/o Orvakal village, Orvakal Mandal Kurnool 11. Smt. Y. Syamalamma, W/o Y. Seshi Reddy Cultivation R/o Orvakal village. Orvakal Mandal 12. Smt. Y. Eswaramma, W/o J. Ramalakshma District, years Occ years, Occ District, aged 46 years, Occ Kurnool District. Reddy, aged 38 years Occ Cultivation R/o Orvakai village, Orvakal Mandal Kurnool District. 13. Smt. Y. Jayamma, W/oi Y. Chinna Reddy, aged 65 years Occ Cultivation R/o Orvakal village, Orvakal Mandal Kurnool District 14. Smt. K. Deepthi, W/o. Pulla Reddy, aged 37 years, Occ Cultivation Hussainapuram village OrVakal Mandal Kurnool District. 15. Smt. K. Siva Lakshmi, W/o Nageswara Reddy Cultivation Hussainapuram village, Orvakal Mandal 16. Smt. V. Bulusalamma, W/o Papaiah , aged 42 years, Occ: , Kurnool District. . aged 68 years, Occ Cultivation Tippayapalle village Orvakal Mandal Kurnool District. 17. Smt. C. Uma Devi, W/o Jayarama Krishna aged 46 years Occ Cultivation Sakunala village, Orvakal Mandal Kurnool District 18. Smt. B. Lakshmi Devi, W/o Madhusudhana Rao, aged 49 years. Occ Cultivation Tippayapalle village, Orvakal Mandal Kurnool District 19. Smt. S. Fatima Bee, W/o Ibrahim Saheb, aged 62 years, Occ Cultivation Uppalapadu village Orvakal Mandal Kurnool District ...Respondents/Writ Petitioners lA NO: 2 OF 2024 Petition under Section 151 CPC stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the orders Single Judge in W.P.No.25652 of 2021 dated 28.02.2024 praying that in the circumstances passed by the Learned Counsel for the Appellants: GP FOR LAND ACQUISITION Counsel for the Respondents: SRI D. KRISHNA MURTHY WRIT APPEAL NO: 955 OF 2024 Writ Appeal under clause 15 of the Letters Patent against the order dated.28.02.2024 in WP No.25575 of 2021 on the file of the High Court. Between: 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenud (Land Acquisition) Department, Velagapudi Amaravati Guntur District. 2. The District Collector, Kurnool District, Kurnool. 3. The Revenue Divisional Officer, Kurnool. Kurnool District. 4. The Tahsildar, Orvakal Mandal, Kurnool District. ...Appellants/Respondents in WP No.25575/2021 AND 1. K. Savitramma, W/o Satyanarayana, aged 42 years, Occ; Cultivation R/o Guttapadu Village, Orvakal Mandal, Kurnool District. 2. Smt. P. Saradamma. W/o P. Sudhakar aged 40 years, Occ; Cultivation, R/o Guttapadu village, Orvakal Mandal Kurnool District. 3. Smt. K. Venkateswaramma, W/o Lakshmanna, Cultivation R/o Guttapadu villag, Orvakal Mandal Kurnool 4. Smt. Seelam Lakshmi, D/o Thimmayya, aged 49 R/o Guttapadu village, Orvakal Mandal Kurnool District. 5. Smt. Seelam Syamala Devi, W/o Venkateswarlu, Occ Cultivation R/o Guttapadu village, Orvakal Mandal aged 38 years, Occ District, years, Occ Cultivation aged about 44 years Kurnool District. 6. Smt. Kanchanam Papulamma, W/o Govindu Cultivation R/o Guttapadu village, Orvakal Mandal Kurnool 7. Smt. P. Sunkulamma, W/o P. Narasimhulu aged 50 years, Occ District. aged 45 years, Occ Cultivation R/o Guttapadu village, Orvakal Mandal Kurnool 8. Smt. P. Venkatasivamma, W/o P. Vengala Reddy Cultivaton R/o Guttapadu village, Orvakal Mandal Kurnool 9. Thokala Ramalingamma, S/o Sambasiva Reddy, aged 43 years, Occ Cultivation R/o Guttapadu village, Orvakal Mandal Kurnool 10. Smt. Reddy Saraswathi, W/o Reddy Rama Rao, Cultivation Guttapadu village, Orvakal Mandal Kurnool 11. Smt. Reddy Lakshmi Devi, W/o Ravi Prakasa District, aged 35 years, Occ District. District, aged 50 years, Occ District. Rao, aged 65 years, Occ District, aged 55years, Occ District ...Respondents/Writ Petitioners Cultivation R/o Guttapadu village, Orvakal Mandal Kurnool 12. Smt. K. Noorjahan Begum, W/o. Ussain Basha, Cultivation R/o Guttapadu village, Orvakal Mandal Kurnool lA NO: 2 OF 2074 Petition under Section 151 CPC stated in the affidavit filed in praying that in the circumstances support of the petition, the High Court may be pleased to suspend the operation of the orders passed by the Learned Single Judge in W.P.No.25575 of 2021 dated 28. Counsel for the Appellants: GP FOR LAND 02.2024. ACQUISITION D. KRISHNA MURTHY Counsel for the Respondents: SRi The Court made the following: COMMON JUDGMENT 1 APHC010471302024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3525] TUESDAY JHE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT APPEAL NO: 890/2024& 955/2024 W.A No.890/2024 Between: The State Of Andhra Pradesh, and Others AND ...APPELLANT(S) ...RESPONDENT(S) Smt P Venkatalakshamma and Others Counsel for the Appellant(S): 1 .GP FOR LAND ACQUISITION Counsel for the Respondent(S): 1.D KRISHNA MURTHY The Court made the following: COMMON JUDGMENT: (per Hon'ble Sri Justice R. Raghunandan Rao) As these two Writ Appeals arise out of the same facts and the subject lands therein are in the same village, they are being disposed of by way of this common judgment. I 2 2. The respondents herein had W.P.No.5410/2019 approached this Court by way of filing W.R No. 5411/2019 (W.A.No.890/2024) and No.955/2024) on the ground that they had been (W.A. assigned various extents of situated in Guttapadu Village, Oravakal the said lands were being taken over for lands under valid D-Form Pattas si Mandal, Kurnool District, and that, the purpose of establishment of steel plant, without payment of any compensation to them. 3. These Writ Petitions to the Revenue Divisional Officer, made earlier by the respondents herein, for were disposed of on 29.04.2019 with a direction Kurnool, to consider the grant of compensation. representation 4. The Revenue Divisional Officer, representation and rejected the Rc.No.A.1447/2016, dated 06.03.2021 produced by the respondents were not genuine. Kurnool considered the same by way of endorsement i said in on the ground that the D-Form Pattas 5. The respondents being aggrieved by the Court by way of two separate Writ Petitions W.P.No.25575/2021. same, had approached this vide W.P.No.25652/2021 and 6. The learned Single Judge of this Court, by separate orders, dated 28.02.2024, had disposed of the Writ Petitions compensation, as per the entitlement of the others, who are similarly situated for of the land. directing the authorities to respondents herein on par with payment of compensation on resumption pay 3 * 7. Aggrieved by these two orders, the State filed the present two Writ Appeals-. 8. Learned Government Pleader appearing for the appellants would draw the attention of this Court to the endorsement dated 06.03.2021 of the Revenue Divisional Officer, and the various reasons and grounds set out therein to contend that the said grounds are sufficient to non-suit the respondents and the learned Single Judge ought not have interfered with the findings of the Revenue Divisional Officer or the refusal of the Revenue Divisional Officer to grant compensation. 9. The reasons assigned in the endorsement dated 06.03.2021 are that the revenue records do not have any entry showing ownership or the possession of the respondents over the subject lands claimed by them; Grama Sabha etc., conducted prior to taking over the land, did not reveal any claim by the respondents, which makes the claim of the respondents suspicious; the survey conducted prior to taking over the lands also did not show any cultivation or possession of the respondents over the subject lands; the names of the respondents were not available in any Adangal for the Fasli year 1421 without any further entries being made nowhere else, which brings into doubts the claim of the respondents, and the disposal files of D-Pattas or office note regarding assignment were not available in the office of the Tahsildar. 10. The learned Single Judge took the view that these grounds are not -sufficient to reject the claims of the respondents. The learned Single Judge, f 4 after noticing that the pattadar pass books and title deeds which had been issued to the respondents subsequent to the assignment of the land under D form pattas and the fact that these pattadar passbooks and title deeds had not been cancelled, held that the claim of the respondents cannot be denied. Learned Single Judge also held that the non mention of the names of the respondents in the revenue records or improper maintenance of Assignment Committee Register cannot nonsuit the respondents. 11. Sri D Krishna Murthy, learned respondents would also draw the attention of this the Revenue Divisional Officer, dated 13.08.2020. i Divisional Officer counsel appearing for the Court to the proceedings of in which, the Revenue on the basis of the report of the Tahsildar Orvakal, had confirmed the occupation and assignment of the lands to the respondents herein and had determined the land compensation payable to the respondents at Rs.4,23,76,500/-. 12. A perusal of the proceedings dated 13.8.2020 the Tahsildar, Orvakal, after due Revenue Divisional Officer, Kurnool occupation of the land would show that enquiry, had submitted a report to the that the respondents herein are in on account of the land being assigned to them, report and passed the proceedings payable to the respondents herein, endorsement dated 06.03.2021 is There is no explanation as to why the Revenue Divisional Officer, having held to the contrary in August 2020, is now The Revenue Divisional Officer accepted this dated 13.8.2020 fixing the compensation The subsequent proceedings under the remarkably silent on this aspect. 5 seeking to give a finding that the respondents do not have any claim over the land. 13. As held by the learned Single Judge, the fact remains that, the respondents had been issued pattadar passbooks and title deeds after assignment of land to them. These pattadar pass books and title deeds have not been cancelled till today. In the absence of any such cancellation, it is not clear as to how Revenue Divisional Officer can take a contrary view and hold that the respondents do not have any title or claim over the land in question. 14. For all the aforesaid reasons, we do not find any reason to interfere in the judgment of the learned Single Judge and these Appeals are liable to be dismissed. 15. Accordingly, the Writ Appeals are dismissed. No costs. 16. As a sequel, pending miscellaneous applications, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri D. Krishna Murthy, Advocate [OPUC] 2. Two CC’s to GP for Land Acquisition, High Court of A.P. at Amaravati[OUT] 3. Three CD Copies. ssb \ HIGH COURT DATED:11/03/2025 COMMON JUDGMENT WA.Nos.890 and 955 of 2024 O % 0 1 APR ?0?5 lo V-A- CurrerVi Seetiosi ★ DISMISSING THE WRIT APPEALS WITHOUT COSTS