APHC010529862024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT APPEAL NO: 980/2024 Writ Appeal under clause 15 of the Letters Patent to allow the present Writ Appeal by setting aside the Final order dated 26.9.2024 passed by the learned single judge in W.P.No.33336 OF 2023 and pass Between: 1. K CHINNAMMA, W/O LATE YESURATHNAM, AGED 62 YEARS, R/O D.NO.10-86, DESAMMA NAGAR, RENIGUNTA(M), TIRUPATI DISTRICT ...APPELLANT AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR, ANDHRA PRADESH 2. THE DISTRICT COLLECTOR, TIRUPATI DISTRICT, ANDHRA PRADESH 3. THE REVENUE DIVISIONAL OFFICER CUM LAND ACQUISITION OFFICER, , TIRUPATI, ANDHRA PRADESH 4. THE MANDAL REVENUE OFFICER, VADAMALAPETA MANDAL, TIRUPATI, ANDHRA PRADESH 2 RRR,J & TCDS,J W.A.No.980 of 2024 5. K MANJULA W/O K SUBBARAMAIAH D/O K KARRAIAH, AGED ABOUT 50 YEARS, RESIDING AT D.NO.10-86, DESAMMA NAGAR VILLAGE, RENIGUNTA MANDAL, TIRUPATI DISTRICT. R5 IS IMPLEADED AS PER THE CO DT.22.04.2025 PASSED IN IA NO.1 OF 2024. ...RESPONDENT(S): IA 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 may be pleased to implead the Proposed Respondent as Respondent No.5 in the WA.No.980/2024 and pass Counsel for the Appellant: 1. N BHARATH SIMHA REDDY Counsel for the Respondent(S): 1. GP FOR LAND ACQUISITION 3 RRR,J & TCDS,J W.A.No.980 of 2024 The Court made the following Judgment: (per Hon’ble Sri Justice R. Raghunandan Rao) Heard Sri K.Bharath Simha Reddy, learned counsel for the appellant and Assistant Government Pleader for Land Acquisition. 2. The petitioner claims ownership over the land to an extent of Ac.0-96 cents in Sy.No.67/1 of Padireduaranyam Village, Vadamalapet Mandal of Puttur District. This land had been acquired by the Government. 3. The appellant approached this Court, by way of W.P.No.33336 of 2023, contending that, the compensation amount is not being paid to her and for a direction to the respondent authorities to make such payment. 4. The learned Assistant Government Pleader filed written instructions, in which it was stated that the sister of the petitioner, had filed O.S.No.35 of 2021 on the file of the learned Principal Junior Civil Judge-cum-Judicial First Class Magistrate, Puttur, for partition of the said land between two of them. The learned Single Judge, after considering this aspect, has dismissed the writ petition, on the ground that the issue of title would have to be decided in O.S.No.35 of 2021. 5. Aggrieved by the order, dated 26.09.2024 in W.P.No.33336 of 2023, the appellant has approached this Court, by way of the present writ appeal. 4 RRR,J & TCDS,J W.A.No.980 of 2024 6. Sri N.Bharath Simha Reddy, learned counsel appearing for the appellant would submit that the mother of the appellant had encroached upon the aforesaid land belonging to the Government and after her demise, the land was assigned to the appellant. The learned counsel would contend that, in such circumstances, the question of partition of the property would not arise as the appellant had been assigned the land by the Government and had not inherited by her mother. 7. The sister of the appellant, who is arrayed as Respondent No.5 had been served with the notice in the present appeal. However, she has not chosen to appear before this Court. 8. In view of the aforesaid facts, it is clear that, even if O.S.No.35 of 2021 was to be allowed, the appellant would be entitled to half share in the land and consequently, half share in the compensation. 9. In such circumstances, this Writ Appeal is disposed of, by directing the Respondent Nos.2 and 3 to pay out half share of compensation payable on account of the acquisition of the aforesaid land to the appellant within a period of six (6) weeks from the date of receipt of copy of this order. The remaining one half share compensation shall be deposited by Respondent Nos.2 and 3, to the account of O.S.No.35 of 2021 before the learned Principal Junior Civil Judge-cum-Judicial First Class Magistrate, Puttur, within a period of six (6) weeks from the date of this order. The said compensation deposited in 5 RRR,J & TCDS,J W.A.No.980 of 2024 O.S.No.35 of 2021, shall await the result of the suit. There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed. ________________________ R. RAGHUNANDAN RAO, J ________________ T.C.D. SEKHAR, J Date:16.09.2025 KA