KANDI BALAKRISHNA RAO v. THE STATE OF ANDHRA PRADESH
WP/29304/2023 · 2025-07-30
Subba Reddy Satti
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35412 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35412 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010563742023
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY,THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 29304/2023 Between:
1. KANDI BALAKRISHNA RAO, S/O THATAYYA, AGE. 73 YEARS, OCC. CULTIVATION, R/O D.NO. C105, GUNADALAPETA, SARIKA VILLAGE, VIZIANAGARAM MANDAL AND DISTRICT. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY LAND ACQUISTION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY
FINANCE DEPARTMENT AND PLANNING SECRETARIAT, AMARAVATI GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, AT VIZIANAGARAM VIZIANAGARAM DISTRICT. 4. THE SPECIAL COLLECTOR LA, VIZIANAGARAM DISTRICT. 5. THE SPECIAL DEPUTY COLLECTOR LA, VIZIANAGARAM DISTRICT. 6. THE REVENUE DIVISIONAL OFFICER, AT VIZIANAGARAM, VIZIANAGARAM DISTRICT. 7. THE TAHSILDAR, VIZIANAGARAM MANDAL VIZIANAGARAM 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 topleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the
SRS,J
W.P.No.29304 of 2023 respondents in not paying the compensation amount to the tune of Rs.18,12,500/ - along with interest @18percent p.a from the date of approval of Apportionment statement till the date of realization to the petitioner for the land acquired for the purpose of 'Navaratnalu - Pedalandariki Illu' scheme to an extent of Ac.0.29 cents in total covered by Sy.Nos.150-1A, 150-1C in Sarika Village as LCC lands, Vizainagaram District as unjust, illegal, arbitrary, violation of principles of natural justice and violation of Article 14, 21 86 300-A of the Constitution of India and consequently, direct the respondents to pay or release the amount of Rs. 18,12,500/- along with interest of 18percent PA forthwith in the interest of justice and to pass IA 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 pleased pleased to direct the respondents to release or to pay for an amount of Rs 18,12,500/- to the petitioner forthwith pending disposal of the above writ petition and to pass Counsel for the Petitioner:
1. MOHAMMAD GHALIB SHAHID Counsel for the Respondent(S):
1. GP FOR FINANCE PLANNING
2. GP FOR LAND ACQUISITION
3.
GP FOR REVENUE The Court made the following: ::ORDER::
Heard Sri Ch. Ravi Kumar, learned counsel for the petitioner, Sri B.V. Satyanarayana, learned Assistant Government Pleader for Revenue, for respondents 1 and 3 to 7 and Sri P. Rajesh, learned P. Rajesh Kumar, learned Assistant Government Pleader for Finance, for respondent No.2. 2. Learned counsel for the petitioner would submit that the petitioner’s land of an extent of Ac.0-26 cents and Ac.0-03 cents in survey Nos.150-1A and 150-1C, respectively (total extent of Ac.0-29 cents of land), in Sarika Village,
SRS,J
W.P.No.29304 of 2023 Vizainagaram Mandal and District, was acquired for providing house sites to landless poor under ‘Navarthnalu- Pedalandariki Illu’ scheme. Respondents 4 and 6 by proceedings in Rc.No.720/2021/B dated 05.02.2022, determined the compensation at Rs.18,12,500/-. Learned counsel would submit that the authorities uploaded the bill in the CFMS portal vide 2023-206616 for Rs.18,12,500/-. However, the amount has not been released so far. 3. Learned Assistant Government Pleader for Finance, on instructions, would submit that no bill is pending with the Finance Department. As and when the bill is received, the authority will examine the same and take necessary action as per the Rules. 4. Learned Assistant Government Pleader for Revenue would submit that due to paucity of funds, the bill was not uploaded in the CFMS portal. 5. Thus, as seen from the averments in the writ affidavit, coupled with the instructions of learned Assistant Government Pleaders, there is no dispute regarding the acquisition of the petitioner’s subject land. It is also not disputed regarding the determination of the compensation by the Land Acquisition Officer at Rs.18,12,500/- and in fact, the bill was uploaded in the CFMS portal vide 2023-206616. 6. Therefore, given the facts and circumstances of the case, this writ petition is disposed of at the admission stage with the consent of learned counsel on either side directing respondents 1 to 3 and 6 to pay the compensation amount of Rs.18,12,500/- to the petitioner in respect of the subject land within eight weeks from the date of receipt of a copy of this order. No costs. Miscellaneous petitions pending, if any, shall stand closed.
___________________________ JUSTICE SUBBA REDDY SATTI Date: 31.07.2025 IKN
SRS,J
W.P.No.29304 of 2023
211
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 29304/2023
Date: 31.07.2025 IKN