APHC010536392015 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY ,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No: 35812 of Between: Silpareddy Rami Reddy & Another The State Of Andhra Pradesh Rep by its Principal Secretary Counsel for the Petitioner(S): 1. Mr.P. R. K. AMERANDRA KUMAR Counsel for the Respondent(S): 1. GP FOR SOCIAL WELFARE (AP) 2. GP FOR LAND ACQUISITION (AP) 3. Mr.NIMMAGADDA SATYANARAYANA 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY ,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No: 35812 of 2015 Another ...PETITIONER(S) AND The State Of Andhra Pradesh, ts Principal Secretary & Others ...RESPONDENT(S) Counsel for the Petitioner(S): AMERANDRA KUMAR Counsel for the Respondent(S): GP FOR SOCIAL WELFARE (AP) GP FOR LAND ACQUISITION (AP) NIMMAGADDA SATYANARAYANA IN THE HIGH COURT OF ANDHRA PRADESH [3209] THE HONOURABLE SRI JUSTICE NINALA JAYASURYA ...PETITIONER(S) ...RESPONDENT(S) 2 The Court made the following Order: The present writ petition is filed seeking to declare the action of the respondents in not paying the compensation to the petitioners in respect of the land admeasuring Ac.1.07 cents in R.S.No.7/3A of Darbhagudem Village as illegal, arbitrary etc., and for a consequential direction to the respondents to release the compensation amount in respect of the said land to the petitioners. 2. Heard learned counsel for the petitioners. Also heard learned Assistant Government Pleader representing the official respondents as also the learned counsel for the 4th respondent. 3. The learned counsel for the petitioners made submissions with reference to the averments made in the affidavit filed in support of the writ petition to the effect that the 2nd respondent issued a Notification for acquiring the said land and during the Award Enquiry proceedings, the petitioner submitted the relevant documents to establish their rights over the said land. However, the 4th respondent, who is none other than the sister of the petitioners on the basis of the orders obtained by her in collusion with some officials also claim rights in respect of the said property. 4. Drawing the attention of this Court to the relevant material filed along with the counter-affidavit by the respondents 1 to 3, wherein the names of the 4th respondent and the 1st petitioner are referred to in respect of the subject land, the learned counsel submits that the as the matter is now referred to the authority under Section 64 of the Land Acquisition Act, 2013 (for short ‘the 3 Act’), the matter may be disposed of with a direction to the said authority to examine the claims of the petitioners as also the 4th respondent in respect of the subject matter property. As seen from the counter-affidavit filed on behalf of the respondents 1 and 3, an Award was passed in favour of the 1st petitioner and the 4th respondent by the then Special Collector (L.A.), Polavaram Irrigation Project, Rajahmundry vide Award No.49 of 2015 dated 29.01.2015, that in view of the dispute, the compensation amount has not been paid to either of the parties. 5. The respondent No.4 filed a counter-affidavit along with a petition to vacate the interim orders dated 03.11.2015. The learned counsel though argued the matter inter alia to the effect that the petitioners are not entitled for any compensation in respect of the subject matter property, this Court keeping in view of the undisputed fact that an Award is passed in respect of the subject matter property in favour of the petitioners and the 4th respondent but the compensation is not deposited in view of the disputes between the parties, deems it appropriate to dispose of the writ petition, with a direction to the 3rd respondent to refer the matter to the authority under Section 64 of the Act and on such reference, the said authority shall examine the rights of the parties with regard to the compensation claimed over the extent of Ac.1.07 cents situated at Darbhagudem Village and pass appropriate orders in accordance with Law, after giving due opportunity to both the parties, as expeditiously as possible, within a period of six(6) weeks from the date of receipt of the reference from the 3rd respondent. 4 6. 4 6. In the meanwhile, the 3rd respondent shall remit the awarded amount before the authority under Section 64 as contemplated under Section 77 of the Act. 7. Accordingly, the writ petition is disposed of. No order as to costs. As a sequel, all the pending miscellaneous applications, if any, shall stand closed. ______________________ NINALA JAYASURYA, J. Date: 03.02.2025 BLV 5 HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No.35812 of 2015 Date: 03.02.2025 BLV