APHC010574312022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 34856 OF 2022 / Between; T. Chengaiah, S/o. Veera Swamy, Aged 67 years, R/o. Racharla Village, Varadaiahpalem Mandal, Chittoor District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Land Acquisition Department, A.P. Secretariat, Velagapudi, Guntur District. 2. The District Collector, Tirupati, Tirupati District. 3. The SubCollector/Revenue Divisional Officer, District. 4. The Tahsildar, Varadaiahpalem Mandal, Tirupati District. Sullurupet, Tirupati ...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 any writ or direction more particularly a writ in the nature of Writ of Mandamus declaring the action of the Respondents not paying compensation to the petitioner in Ac. 1.00 cents in Sy.No. 103/2 of Chinna Panduru Village, Varadaiahpalem Mandal, Tirupati District as illegal, arbitrary, violative of Articles 14, 21 and 300-A Constitution of India and direct the Respondents to pay compensation to the petitioner in Ac. 1.00 cents consequently in Sy.No.103 /2 of Chinna Panduru Village. Varadaiahpalem Mandal, Tirupati District accordance with the Right to Fair Compensation and Transparencyin Land Acquisition, Rehabilitationand Re-settlementAct, 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 petition, the High Court may be pleased to direct the respondents to pay compensation to the petitioner in Ac. 1.00 cents in Sy.No. 103/2 of Chinna Panduru Village, Varadaiahpalem Mandal, Tirupati District accordance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013 pending disposal of the above writ petition. Counsel for the Petitioner: SRI V VINOD K REDDY ^ Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE The Court made the follo\A/ing order: APHC010574312022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] i THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 34856/2022 Between; 1.T. CHENGAIAH, S/0. VEERA SWAMY, AGED 67 YEARS, R/0. RACHARLA VILLAGE, VARADAIAHPALEM MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL LAND ACQUISITION DEPARTMENT, A.P. SECRETARY SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, TIRUPATI, TIRUPATI DISTRICT. 3.THE SUBCOLLECTOR/REVENUE DIVISIONAL OFFICER, SULLURUPET, TIRUPATI DISTRICT. 4.THE TAHSILDAR, VARADAIAHPALEM MANDAL, DISTRICT. TIRUPATI ...RESPONDENT(S): Counsel for the Petitioner: 1.VVINOD K REDDY Counsel for the Respondent(S): 1.GP FOR REVENUE 2 HBKM,J W.P.No.34856of2022 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 2. This writ petition was filed questioning the non-payment of compensation to the petitioner in respect of Ac.1.00 cent land in Sy.No.103/2 of Chinna Panduru Village, Varadaiahpalem Mandal, Tirupati District. 3. The learned counsel for the petitioner submits that the petitioner’s wife was assigned D-form patta vide DKT No.139/4/1404 with certain terms and conditions for an extent of Ac.1.00 cents in Sy.No.103/2 of Chinna Panduru Village, Varadaiahpalem Mandal, Tirupati District. The petitioner is Mr. T. Chengaiah in this case and his wife is said to be T. Muragamma. The pattadar passbook was issued in her name vide patta No. 181 for the subject land in an extent of Ac.1.00 cent in Sy.No. 103/2 of the said village. While so the respondents acquired the said land, but no compensation is paid so far. 4. The learned counsel for the petitioner submits that as per the orders of this Court in W.P.No.16739 of 2020 dated 24.09.2021, the petitioner is entitled for payment of compensation. 5. The learned counsel for the petitioner submits that since the wife of the petitioner in whose name the above said land was given is no more and as such, he is claiming the compensation for acquisition of the subject land. 3 HBKM,J W.P. No.34856 of 2022 On the other hand the learned Assistant Government Pleader relying upon the counter of the 4^^ respondent submits that the DKT Patta and the pattadar passbooks were issued for an extent of Ac. 1.00 cent in Sy.No. 103/2 with DKT No.139/4/1404 and IB Khata No.181 in the name of T. Murugamma, W/o T. Chengaiah, which is relating to the subject land of this writ petition claimed by the petitioner as the husband of Mr. T. Murugamma, who is no more according to the petitioner. The said DKT patta was cancelled by the 4 respondent vide proceedings dated 07.09.1999. 6. th The payment of compensation is as under as per the G.O.Ms.No.571, 7. Revenue Assignment (Department-1) dated 14.09.2012;- iv) Compensation to the assignees who relinquish their D-Form patta land and whose land is resumed for public purpose shall be paid exgratia as per rules in force and on par with private patta lands. (v) As regards the sivai jamedars, 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 may be paid exgratia without solatium as follows: Occupation between 5-10 years 50% exgratia equivalent to market value: Occupation 10 years and above 100%o exgratia equivalent to market value. (vi) The persons who have purchased assigned lands from DKT patta holders, will not be entitled for any exgratia as it is amounts 4 HBKM,J W.P.N0.34856 of 2022 to violation of the conditions of assignment and contravention of the provisions of A.P. Assigned Lands (POT) Act, 1977. The Exgratia amount details for DKT lands of ChinnapanduruVillage 8. which was acquired for establishment of industrial park by APIIC were determined as under; S.No. Exgratia for the category Compensation to assignees who relinquish their D- Form patta land and whose land is resumed for public purpose shall be paid exgratia as per rules in force and on par with private patta lands. Occupation 10 years and above-100% exgratia equivalent to market value. Whose possession is confirmed by entries in 10(1) and adangal accounts may be paid exgratia without solatium Amount arrived in Rs. 1. 6,50,000/- 2. 3,25,000/- 3. Occupation between 5-10 years - 50% exgratia equivalent to market value; Whose possession is confirmed by entries in 10(1) and adangal accounts may be paid exgratia without solatium 1,62,500/- 9. The petitioner is showing his extent in Sy.No.105 as scrutinized on 20.01.2005, but exgratia was already sanctioned in the said survey number for an extent of Ac.17.09 cents. The advance possession of the land was also taken in Sy.No.105 of the total extent of Ac.17.09 cents and it was handed over to the Zonal Manager APIIC Tirupati by the then Tahsildar vide proceedings dated 23.07.2016 as per the proceedings of the Collector dated When the notice was issued and served by RPAD to the 12.07.2016. petitioner he did not attend the enquiry on 07.02.2023 with all the relevant 5 HBKM,J W.P.No.34856 of 2022 documentary evidences for his claim. But sent a letter dated 06.02.2023 stating that he filed the writ petition and the same is pending. The DKT pattas were issued to more number of persons exceeding the ground extent in Sy.No.103 as under: 10. SI.No. Sy.No. Actual Extent at the time of enjoyment survey i.e. before Scrutiny of 2019 Actual Extent As per 4 Register/10(1) Pattas given extent in A.C. As per Manual As per webland extent in A.C. as per IB Scrutiny of 2019 extent in A.C. 1. 103 6.70 25.97 18.60 12.03 As the entire land in Sy.No.105 was handed over to the APIIC physical land is available for the writ petitioner’s in Sy.No. 103/2 in an extent of Ac.1.00 cent., Appeal on the FMBs of Sy.Nos.103, 104 and 105 lies before the District Survey Officer, Tirupati. 11. , no In reply, the learned counsel for the petitioner also refers to the land holding details enclosed with the counter of the 4*^ respondent, which discloses the Sy.No. 103/2 and Khata No.181 standing in the name of T. Muragamma wife of Chengaiah for an extent of Ac. 1.00 cent under the head of land holding details. 12. In view of the above said facts and circumstances, the respondent Nos.2 to 4 are directed to consider the representation of the petitioner for grant of exgratia/compensation for the subject land strictly in accordance with 13. 6 HBKM,J. W.P.N0.34856 of 2022 law as expeditiously as possible preferably within a period of three (03) months from the date of receipt of the representation of the petitioner. For the purpose of enabling the said exercise by the respondent authorities concerned, the petitioner shall make a fresh application enclosing all their documents in support of his claim within a period of four (04) weeks from the date of receipt of this order. Giving due opportunity of hearing to all the parties concerned including the petitioner and upon localization of the land, if any warranted, the respondent authorities Nos.2 to 4 shall take appropriate decision on its own merits. 14. Accordingly, this Writ Petition is disposed of. Interim order, if any. deemed to have been vacated. There shall be no order as to costs. As a sequel. Interlocutory Applications pending, if any, shall stand closed. Sd/- K J RAJA BABU ASSISTANTREGISTRAR Bi section OFFICER //TRUE COPY// To, 1. The Principal Secretary, State of AP A.P. Secretariat, Velagapudi, Guntur District. 2. The District Collector, Tirupati, Tirupati District. 3. The Sub Collector/Revenue Divisional District. 4. The Tahsildar, Varadaiahpalem Mandal, Tirupati District. 5. One CC to Sri. V Vinod K Reddy, Advocate [OPUC] 6. TwoCCsto GP For Revenue, High Court of Andhra 7. Two CD Copies. Land Acquisition Department Officer, Sullurupet, Tirupati Pradesh [OUT] AL HIGH COURT TL DATED:21/08/2025 ORDER WP NO. 34856 OF 2022 01= I 2 J SEP 2025 ^ . Current bection . W DISPOSING OF THE W.P. WITHOUT COSTS