APHC010523392022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B. KRISHNA MOHAN WRIT PETITION NO: 33017 OF 2022 Between: 1. Gunji Hari Babu, S/o. Chinnabbaiah, Aged about 44 years, Rio. Kothapalle Kowrugunta Village, Dagadarthi Mandal,SPSR Nellore District. 2. Nagalla Polaiah, S/o Ayyappa Raju, Aged about 33 years 3. Nagalla Ramanamma, W/o Narayana, Aged about 65 years 4. Gilaka Venkateswarlu, S/o Pedda Ramanaiah, Aged about 49 years. 5. Nagalla Venkateswarlu, S/o Ramaiah, Aged about 38 years 6. Vallepu Mallikarjuna, S/o Nageswara Rao, Aged about 39 years 7. Thodingala Nagaiah, S/o Kondaiah, Aged about 68 years, 8. Baliboyina Ayyappa Raju, S/o Ayyappa Raju, Aged about 36 years 9. A.Ravi, S/o Venkaiah, Aged about 45 years, 10. Bellamkonda Ramanaiah, S/o Rosaiah, Aged about 31 years, 11. Savuturu Seenaiah, S/o Chinnaiah, Aged about 50 years. 12. Ambati Ramesh, S/o Ragaiah, Aged about 30 years. 13. Podili Nagamma, W/o Ramaiah, Aged about 65 years, 14. Vallepu Venkata Sudhakar, S/o Chinna Venkaiah, Aged about 55 years, 15. Ch.Babu, S/o Srinivasulu, Aged about 40 years, 16. Bellamkonda Bujjamma, W/o Polaiah, Aged about 50 years, 17. Nagalla Uday Kumar, S/o Narayana, Aged about 42 years 18. Yakasiri Hariprasad, S/o Narasaiah, Aged about 35 years, 19. Thammi Venkaiah, S/o Lingaiah, Aged about 68 years. f 20. Kovuru Sarasamma, W/o Late K.Ravi, Aged about 38 years, 21. Nagalla Venkaiah, S/o Desaiah, Aged about 70 years, 22. Challa Tirupati Rao, S/o Venkaiah, Aged about 42 years, 23. Gunji Ramanamma, W/o Ramaiah, Aged about 65 years, 24. Salla Maheswaramma, W/o Late Venkateswarlu, Aged about 45 years, 25. Gilaka Hah Krishna, S/o Tirupalu Aged about 35 years, 26. Gunji Prabhakar, S/o Chinnabbaiah, Aged about 40 years, 27. Nagalla Radhika, W/o Ravi Babu, Aged about 36 years, 28. G.Vasanth Kumar, S/o Polaiah, Aged about 60 years, 29. Bellamkonda Dasaiah, S/o Narasaiah, Aged about 54 years, 30. Vallepu Nageswararao, S/o Jillaiah @ Venkaiah Aged about 58 years, 31. Kappala Mahendra, S/o Ramanaiah, Aged about 43 years, 32. Nagalla Ramaiah, S/o Venkaiah, Aged about 65 years, 33. Nagalla Sunil, S/o Anandam, Aged about 35 years, 34. Nagalla Ramamurthy, S/o Venkaiah Aged about 46 years 35. Onteru Prasanna, W/o. Late Vijaya Kumar Aged about 35 years. All are residents of Kothapalle Kowrugunta Village, Dagadarthi Mandal SPSR Nellore District. ...Petitioners AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary Secretariat Buildings at Revenue Department (Land Acquisition) Velagapudi, Amaravati, Guntur District. 2. The District Collector and District Magistrate L A, Nellore, SPSR Nellore District. 3. The Special Deputy Collector Cum Land Acquisition Officer, Kavali Revenue Division, Kavali, SPSR Nellore District. 4. The Revenue Divisional Officer, Kavali Revenue Division, Kavali, SPSR Nellore District. 5. The Tahsildar, Dagadarthi Mandal, SPSR Nellore District. 6. The Village Revenue Officer, Kothapalle Kowrugunta Village, Dagadarthi Mandal, SPSR Nellore District. 7. The Kothapalle Kowrugunta Gram Panchayat, Represented by its Kothapalle Kowrugunta Village, Dagadarthi Panchayat Secretary, Mandal, SPSR Nellore District. ...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 or order or direction more particularly one in the nature of writ of mandamus declaring the impugned action of the respondents in the not granting ex-gratia/ compensation to the petitioners with the respect to their subject lands admeasuring an extent of Ac.204.00 Cents situated in Sy.No.335 in Kothapalle Kowrugunta Village, Dagadarthi Mandal, SPSR Nellore District, despite off the petitioners having valid legal entitlements and title over the subject lands and despite off the repeated representations made by the petitioners and despite off the orders passed by this Hon'ble Court as highly illegal arbitrary, unconstitutional, unjust and violative of the procedure contemplated under the Right to Fair Compensation and Transparency under the Land Acquisition (Rehabilitation and Resettlement) Act, 2013 and violative of Article 14, 21 and 300-A of the Constitution of India, consequentially direct the respondents herein to grant ex-gratia/ compensation to the petitioners with the respect to their subject lands admeasuring an extent of Ac.204.00 Cents situated in Sy.No.335 in Kothapalle Kowrugunta Village, Dagadarthi Mandal, SPSR Nellore District, in accordance with the procedure contemplated under the Right to Fair Compensation and Transparency under the Land Acquisition (Rehabilitation and Resettlement) Act, 2013. 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 respondents herein to grant ex-gratin/ compensation to the petitioners with the respect to their subject lands admeasuring an extent of Ac.204.00 Cents situated in Sy.No.335 in Kothapalle Kowrugunta Village, Dagadarthi Mandal, SPSR Nellore District, in accordance with the procedure contemplated under the Right to Fair Compensation and Transparency under the Land Acquisition (Rehabilitation and Resettlement) Act, 2013 pending disposal of the above writ petition. Counsel for the Petitioners: Mrs. KOPPARTHI SUMATHI Counsel for the Respondent Nos.1 to 6 : GP FOR LAND ACQUISITION Counsel for the Respondent No.7 : SRI MATTEGUNTA.SUDHIR, SC FOR GRAM PANCHAYATS The Court made the following order: APHC010523392022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 33017/2022 Between: 1. GUNJI HARI BABU, SA) CHINNABBAIAH, AGED ABOUT 44 RIO. KOTHAPALLE KOWRUGUNTA VILLAGE, YEARS, DAGADARTHI MANDAL,SPSR NELLORE DISTRICT. 2. NAGALLA POLAIAH, S/0 AYYAPPA RAJU, AGED ABOUT 33 YEARS 3. NAGALLA RAMANAMMA, W/0 NARAYANA, AGED ABOUT 65 YEARS 4. GILAKA VENKATESWARLU, S/0 PEDDA RAMANAIAH, AGED ABOUT 49 YEARS. 5. NAGALLA VENKATESWARLU, S/0 RAMAIAH, AGED ABOUT 38 YEARS 6. VALLEPU MALLIKARJUNA, S/0 NAGESWARA RAO, AGED ABOUT 39 YEARS 7. THODINGALA NAGAIAH, S/0 KONDAIAH, AGED ABOUT 68 YEARS, 8. BALIBOYINA AYYAPPA RAJU, S/0 AYYAPPA RAJU, AGED ABOUT 36 YEARS 9. A.RAVI, S/0 VENKAIAH, AGED ABOUT 45 YEARS, 10.BELLAMKONDA RAMANAIAH. S/O ROSAIAH, AGED ABOUT 31 YEARS, 2 11.SAVUTURU SEENAIAH, S/0 CHINNAIAH, AGED ABOUT 50 YEARS. 12.AMBATI RAMESH, S/0 RAGAIAH, AGED ABOUT 30 YEARS. 13.PODILI NAGAMMA, W/0 RAMAIAH, AGED ABOUT 65 YEARS, 14.VALLEPU VENKATA SUDHAKAR, S/0 CHINNA VENKAIAH, AGED ABOUT 55 YEARS, 15.CH.BABU, S/0 SRINIVASULU, AGED ABOUT 40 YEARS, 16.BELLAMKONDA BUJJAMMA, W/0 POLAIAH, AGED ABOUT 50 YEARS, 17.NAGALLA UDAY KUMAR, S/0 NARAYANA, AGED ABOUT 42 YEARS 18.YAKASIRI HARIPRASAD, S/0 NARASAIAH, AGED ABOUT 35 YEARS, 19.THAMMI VENKAIAH, S/0 LINGAIAH, AGED ABOUT 68 YEARS 20.KOVURU SARASAMMA, W/0 LATE K.RAVl, AGED ABOUT 38 YEARS, 21. NAGALLA VENKAIAH, S/0 DESAIAH, AGED ABOUT 70 YEARS, 22.CHALLA TIRUPATI RAO, S/0 VENKAIAH, AGED ABOUT 42 YEARS, 23.GUNJI RAMANAMMA, W/0 RAMAIAH, AGED ABOUT 65 YEARS, 24.SALLA MAHESWARAMMA, W/0 LATE VENKATESWARLU, AGED ABOUT 45 YEARS, 25.GILAKA HARI KRISHNA, S/O TIRUPALU AGED ABOUT 35 YEARS, 26.GUNJI PRABHAKAR, S/O CHINNABBAIAH, AGED ABOUT 40 YEARS, 27. NAGALLA RADHIKA, W/0 RAVI BABU, AGED ABOUT 36 YEARS, 28.G.VASANTH KUMAR, S/O POLAIAH, AGED ABOUT 60 YEARS, 29.BELLAMKONDA DASAIAH, S/O NARASAIAH, AGED ABOUT 54 YEARS, 3 30.VALLEPU NAGESWARARAO, S/0 JILLAIAH @ VENKAIAH AGED ABOUT 58 YEARS, 31.KAPPALA MAHENDRA, S/O RAMANAIAH, AGED ABOUT 43 YEARS, 32. NAGALLA RAMAIAH, S/O VENKAIAH, AGED ABOUT 65 YEARS, 33.NAGALLA SUNIL, S/O ANANDAM, AGED ABOUT 35 YEARS, 34.NAGALLA RAMAMURTHY,, S/O VENKAIAH AGED ABOUT 46 YEARS 35.0NTERU PRASANNA, W/0. LATE VIJAYA KUMAR AGED ABOUT 35 YEARS, ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY ACQUISITION), AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE L A, NELLORE, SPSR NELLORE DISTRICT. 3 SPECIAL DEPUTY COLLECTOR CUM LAND ACQUISITION OFFICER, KAVALI REVENUE DIVISION, KAVALI, SPSR NELLORE DISTRICT. 4.THE REVENUE DIVISIONAL OFFICER, DIVISION, KAVALI, SPSR NELLORE DISTRICT. 5.THE TAHSILDAR, DAGADARTHI MANDAL, SPSR NELLORE DISTRICT. REVENUE DEPARTMENT (LAND SECRETARIAT BUILDINGS AT VELAGAPUDI, KAVALI REVENUE 6.THE VILLAGE REVENUE OFFICER, KOTHAPALLE KOWRUGUNTA VILLAGE, DAGADARTHI MANDAL, SPSR NELLORE DISTRICT. PANCHAYAT, 7.THE KOTHAPALLE KOWRUGUNTA GRAM REPRESENTED BY ITS PANCHAYAT SECRETARY, KOTHAPALLE DAGADARTHI MANDAL, SPSR KOWRUGUNTA VILLAGE, NELLORE DISTRICT. 4 ...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 topleased to issue a writ or order or direction more particularly one in the nature of writ of mandamus declaring the impugned action of the respondents in the not granting ex-gratia/ compensation to the petitioners with the respect to their subject lands admeasuring an extent of Ac.204.00 Cents situated in Sy.No.335 in Kothapalle Kowrugunta Village, Dagadarthi Mandal, SPSR Nellore District, despite off the petitioners having valid legal entitlements and title over the subject lands and despite off the repeated representations made by the petitioners and despite off the orders passed by this Hon'ble Court as highly illegal arbitrary, unconstitutional, unjust and violative of the procedure contemplated under the Right to Fair Compensation and Transparency under the Land Acquisition (Rehabilitation and Resettlement) Act, 2013 and violative of Article 14, 21 and 300-A of the Constitution of India, consequentially direct the respondents herein to grant ex-gratia/ compensation to the petitioners with the respect to their subject lands admeasuring an extent of Ac.204.00 Cents situated in Sy.No.335 in Kothapalle Kowrugunta Village, Dagadarthi Mandal, SPSR Nellore District, in accordance with the procedure contemplated under the Right to Fair Compensation and Transparency under the Land Acquisition (Rehabilitation and Resettlement) Act, 2013 and to pass lA NO: 1 OF 2022 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 pleased to direct the respondents herein to grant ex-gratin/ compensation to the petitioners with the respect to their subject lands admeasuring an extent of Ac.204.00 Cents situated in Sy.No.335 in Kothapalle Kowrugunta Village, Dagadarthi Mandal, SPSR Nellore District, in accordance with the procedure contemplated under the Right to Fair Compensation and Transparency under the Land Acquisition (Rehabilitation and Resettlement) Act, 2013 pending disposal of the above writ petition and to pass lA NO: 1 OF 2023 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 5 pleased Pleased to grant leave to the petitioners to file the Reply affidavit in WP no. 33017 of 2022 and pass lA NO: 1 OF 2024 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 pleased to grant leave to the petitioner herein / Respondent No.4 in the WP No.33017/2022 to file counter affidavit and pass lA NO: 2 OF 2024 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 may be pleased to grant leave to the petitioner/responde nt No.7 to file the counter affidavit and pass Counsel for the Petitioner(S): 1.KOPPARTHI SUMATHI Counsel for the Respondent(S); 1.GP FOR LAND ACQUISITION 2.Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats 6 The Court made the following Order: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for the respondents. The respondent Nos.4, 5 & 7 filed counter affidavits. 2. This writ petition was filed questioning the action of the respondents in not granting ex-gratia/ compensation to the petitioners with respect to their subject lands situated in Sy.No.335 in Kothapalle Kowrugunta Village, Dagadarthi Mandal, SPSR Nellore District, in spite of having valid legal entitlements and title over the subject lands of the petitioners and in spite of making representations by the petitioners for not granting such ex-gratia. 3. The learned counsel for the petitioners refers to the Adangal dated 25.08.2008 said to have been issued by the Village Revenue Officer Dagadarthi Mandal, SPSR Nellore District to show that some extent of the subject land was cultivated at that point of time. She also further refers to the G.O.Ms.No.571, dated 14.09.2012 with regard to the issuance of uniform guidelines with regard to the government land to be allotted for various purposes to different government departments and private organizations both in terms of extent and rate. She also refers to G.O.Ms.No.243, dated 27.03.2010 with respect to the payment of ex-gratia to various categories of encroachers/ enjoyers of the government lands required for Irrigation Projects. Since the petitioners were in possession of the subject lands, they are entitled for the payment of ex-gratia. 7 On the other hand, the learned Assistant Government Pleader relying upon the counter of the 4*^ respondent submits that, the total extent of Sy.No.335, K.K.Gunta Village, Dagadarthi Mandal, SPSR Ndlore District is Ac.209.75 and the details of extents granted under the fold of CJFS and also 4. under Darakasth Rules are as under: Extent distributed in Ac Authority under v\/hich leases under the fold of CJFS issued No of beneficiaries CJFS 88.00 44 persons @ Ac.2.00 each F.Dis.No. 1246/88, dt.22.12.1978 37.17 59 persons @ Ac.0.63 each RDO’s dt.28.12.1993 Rc.G. 12043/93, 12 persons @ Ac.2.00 each 24.00 RDO’s dt.04.02.2004 Rc.K. 1240/2002 2 persons @ Ac. 1.00 each 2.00 Rc.K.4900/2004, 2.17 RDO’s dt.26.11.2004 1 person 118 persons 153.34 DKT Pattas DKT pattas were granted during the year 1989 48.98 24 persons Extent covered by National Flighway etc.. 7.43 Grand Total 209.75 As per the above statistics, there is no remaining land available in Sy.No.335 of K.K.Gunta Village, Dagadarthi Mandal, SPSR Nellore District after deducting the extent granted under CJFS/ DKT pattas and also the extent covered by the National Flighway. The petitioners were never in occupation of the subject land for the past 20 years as claimed by them and if they were in possession, they would have challenged the issuance of grant 5. 8 of leases or DKT pattas to others in the subject land. The names of the writ petitioners are not reflected in the list of CJFS and in the list of DKT patta and no land was found under encroachment of the petitioners in Sy.No.335 of K.K.Gunta village as contended by them. Admittedly, no land was found under their possession in Sy.No.335 and as such the question of pressurizing the petitioners to vacate the subject land does not arise. There are no traces of cultivation in the said land in Sy.No.335 of K.K.Gunta village. The Adangal for 1 or 2 fasalies appears to have been managed by the petitioners to claim rights over the subject land and in the enquiry conducted by the authorities concerned, it has come to the notice that the said Adangal was not issued by the said V.R.O. On the earlier occasion, the petitioners filed W.P. No.3150 of 2016 questioning the action of the respondents therein in threatening to evict the petitioners from the subject land in Sy.No.335. The writ petition was disposed of vide order dated 17.09.2016 directing the 2'^^ respondent (Collector, Nellore) to consider and dispose of the representations dated 28.06.2016 & 26.07.2016 filed by the petitioners as per law. In pursuance of the orders of the High Court, the District Collector, Nellore conducted a thorough enquiry and disposed of the representations of the petitioners therein vide proceedings dated 24.05.2017 denying the payment of ex-gratia under G.O.Ms.No.571 Revenue (Assn.l) Department, dated 14.09.2012 on the following grounds: “a) The petitioners are not the encroachers on land in Sy.No.335 of K.K.Gunta village and their names were not entered in the village records such as Adangal and 10-1. b) The petitioners were not issued Lease orders under the foid of CJFS. any D-form pattas / c) The petitioners cannot be treated as encroachers as they were not issued any notices under AP Land Encroachment Act, 1905 at any point of time and admittedly no land is found under the encroachment of the petitioners. d) The documents produced by the petitioners i.e., Adangal Copies etc., are not having any evidentiary values as the then village Revenue Officer has categorically stated before the District Collector that he did not issue any certificates pertaining to land Revenue Collections and Adangals these petitioners. to e) The petitioners did not produce any D-form pattas / lease orders. More so, the petitioners never in possession of land in Sy.No.335 and therefore they are not entitled for sanction of ex-gratia under G.O.Ms.No.571 Revenue Department, dt;14.09.2012 f) The Land Revenue receipts or not taken into consideration as the land Revenue was waived by the Govt, in the year, 1996. Therefore the contention of the petitioners that they are in enjoyment of the land in Sy.No.335 of K.K.Gunta village and by and large depended for their livelihood is utterly false and baseless and the averments made in these paras are not tenable. (Assn.1) as such 6. Aggrieved by the orders passed by the District Collector 24.05.2017, the petitioners filed W.P.No.21077 of 2017 disposed of on 01.07.2017 with dated and the same was a direction to the petitioners to file appeal against the orders of the District Collector dated 24.05.2017 before the Chief Commissioner of Land Administration, A.P. Accordingly, the petitioners filed the said appeal and the same was dismissed by the Chief Commissioner of Land Administration vide order dated 31.05.2018. Thereafter, the petitioners have filed compliant before the Hon'ble Lokayuktha and the complaint of the petitioners was closed vide order dated 16.03.2022. As per the provisions of 10 laid under New Land Allotment policy vide G.O.Ms.No.571 Revenue (Assn.I) Department dated 14.09.2012, compensation has to be paid in the following cases: “(i) Compensation to the assignees who relinquish their D- form patta land and whose land is resumed for public purpose shall be paid ex-gratia as per rules in force and on par with private patta lands, (ii) As regards the Sivaijamadars. who have been cultivating the land for a long period, without D-form patta and whose possession is confirmed by entries in 10(1) and Adangal Accounts maybe paid ex-gratia without solatium as follows; a) Occupation between 5-10 years - 50% ex-gratia equivalent to market value, b) Occupation 10 years and above - 100% ex-gratia equivalent to market value.” 7. Since the petitioners are not the encroachers in the land in Sy.No.335 of K.K.Gunta village, their names were not entered in the village records. They were not issued any D-form pattas. They were also not issued any notices under A.P. Land Encroachment Act, 1905 at any point of time. The petitioners are not having any evidentiary values as the then Village Revenue Officer categorically stated in the enquiry before the District Collector, Neltore that he did not issue any certificates pertaining to land revenue collections and adangal to these petitioners. In view of the above said facts and circumstances and upon 8. consideration of the rival submissions made, it is not established that the petitioners were in possession of the subject land as encroachers at any point of time. As per the above said details submitted by the respondents 11 with respect to the subject land, it cannot be construed that the petitioners are in possession of the subject land to any extent at any point of time. It is clear that the petitioners were not issued any D-form patta under CJFS nor they were given any encroachment notices under AP Land Encroachment Act, 1905 at any point of time and as the petitioners did not produce any D- form pattas, the petitioners claim for payment of ex-gratia cannot be considered at any point of time to extend the above said G.O. Accordingly, the writ petition is dismissed. There shall be no order as 9. to costs. As a sequel. Miscellaneous Petitions pending, if any, shall stand Sd/- K TATA RAO DEPUTY REGISTRAR closed. //TRUE COPY// O^^FICER SECT! To, 1. One CC to Mrs. Kopparthi Sumathi, Advocate [OPUC] 2. Two CCs to GP for Land Acquisition, High Court of Andhra Pradesh [OUT] 3. One CC to Sri Mattegunta Sudhir, SC for Gram Panchayat [OPUC] 4. Two CD Copies Cnr HIGH COURT DATED;04/08/2025 I ®3SfPap5 ^ ORDER WP NO. 33017 OF 2022 DISMISSING THE W.P WITHOUT COSTS