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2025 DAILYLAW 3838 (AP)

BANDI GANGA BHAVANI v. THE STATE OF ANDHRA PRADESH

WP/1312/2025 · 2025-06-26

Venkateswarlu Nimmagadda

body2025

Judgment text

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A 1/ -<■ APHC010022122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurissdiction) FRIDAY,THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIWIMAGADDA WRIT PETITION NO: 1312 QI2^ Si THE Between; 1. Band! Ganga Bhavani, W/o Late Sankara Reddy, Aged about 62 years, H/c) Saidadupalli (Vil), Rapur R/o Yepur Road Occ. Housewife Mandal. S.P.S.R. Nellore District. 2. Gaddam Srihari Reddy Occ, Agriculture, R/o Yepur Road, H/o Saidadupalli (Vil), Rapur Mandal, S.P.S.R.Nellore District. S/o Venkata Reddy, Aged about 58 years ...Petitioners AND of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation Velagapudi, Annaravathi, Guntur District, 1. The State Secretariat Department, Andhra Pradesh State. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Land Guntur District, Secretariat, Velagapudi, Amaravathi, Acquisition Andhra Pradesh State. of Andhra Pradesh, Rep. by its Principal Secretary, Finance Guntur District, 3. The State Department, Secretariat, Velagapudi, Amaravathi, Andhra Pradesh State. 4. The District Collector, Nellore, S.P.S.R.Nellore District. 5. The Special Collector L A, Telugu Ganga Project, Mulapeta, Nellore S.P.S.R.Nellore District. 6. The Special Deputy Collector L A, Telugu Ganga Project, Nellore, Mulapeta., Nellore, S.P.S.R.Nellore District Rapur at ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to issue a Writ, order may be or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not paying pomegranate trees situated in the Land in the enhanced compensation for the Sy. No. 49, extent Ac.2.875 cents. Sy. No.49, extent Ac.4.35 cents. Reach No.10 of Akelavalasa (vil), Rapur Mandal, S.P.S.R.Nellore District in terms of the Judgment and decree in LA.O.P.No.7 of 2017, dated. 31.01.2024 of the VII Additional District Judge, Gudur illegal, without jurisdiction and I the enhanced Compensation to the Credit the VII Additional District Judge, Gudur, S.P.S. Petitioners and which S.P.S.R.Nellore District. S.P.S.R.Nellore District is arbitrary. consequently direct the Respondents to deposit of E.P. in L.A.O.P.No.7 of 2017 of R. Nellore District filed by the was transferred to the Principal District Judge, Nellore, lA NO: 1 OF 2a9R Petition under Section 151 CPC in the affidavit filed in support of the petition, the High Court may be pleased direct the Respondents to deposit the enhanced praying that in the circumstances stated Compensation to the Credit Additional District Judge, Gudur of E.P. in L.A.O.P.No.7 of 2017 of the VII S.P.S.R.Nellore District filed by the Petitioners the Principal District Judge, Nellore S.P.S and which was transferred to R.Nellore District, pending disposal of the writ petition. ‘ Counsel for the Petitioners: SRI CH C KRISHNA REDDY Counsel for the Respondent No. 1 :GP FOR IRRIGATION COMM AREA DEV Counsel for the Respondent No. 2, 4 to 6; GP FOR LAND ACQUISITION Counsel for the Respondent No. 3; GP FOR FINANCE PLANNING The Court made the following order: APHC010022122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) * I [3329] yy- FRIDAY,THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1312/2025 Between; 1.BANDI GANGA BHAVANl, W/0 LATE SANKARA REDDY, AGED ABOUT 62 YEARS, OCC. HOUSEWIFE, R/0 YEPUR ROAD, H/0 SAIDADUPALLI (VIL), RAPUR MANDAL, S.P.S.R.NELLORE DISTRICT. AGED 2.GADDAM SRIHARI REDDY, S/0 VENKATA REDDY ABOUT 58 YEARS, OCC. AGRICULTURE, R/0 YEPUR ROAD, H/0 SAIDADUPALLI (VIL), RAPUR MANDAL, S.P.S.R.NELLORE DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARIAT, SECRETARY, IRRIGATION DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH STATE. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL LAND ACQUISITION, SECRETARIAT SECRETARY VELAGAPUDI, AMARAVATHI, PRADESH STATE. GUNTUR DISTRICT, ANDHRA 3 THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARIAT, GUNTUR DISTRICT. ANDHRA SECRETARY, FINANCE DEPARTMENT VELAGAPUDI, AMARAVATHI PRADESH STATE. S.P.S.R.NELLORE 4.THE DISTRICT COLLECTOR, NELLORE DISTRICT. 5 jHE SPECIAL COLLECTOR L A, TELUGU GANGA PROJECT MULAPETA. NELLORE, S.P.S.R.NELLORE DISTRICT. 5 jHE special deputy collector L a, TELUGU GANGA MULAPETA., NELLORE, RAPUR AT NELLORE PROJECT. S.P.S.R.NELLORE 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 Writ order or direction more may be pleased topleased to issue a particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not paying the enhanced compensation for the pomegranate trees situated in the Land in Sy. No. 49, extent Ac.2.875 cents. Sy. No.49, extent Ac.4.35 cents. Reach No.10 of Akelavalasa (vil), Rapur Mandal, S.P.S.R.Nellore District in terms of the Judgment and decree in LA.O.P.No.7 of 2017, dated. 31.01.2024 of the VII Additional District Judge, Gudur, S.P.S.R.Nellore District is arbitrary, illegal, without jurisdiction and consequently direct the Respondents to deposit the enhanced Compensation to the Credit of E.P. in L.A.O.P.No.7 of 2017 of VII Additional District Judge, Gudur, S.P.S.R.Nellore District filed by the Petitioners and which was transferred to the Principal District Judge, the Nellore, S.P.S.R.Nellore District and pass lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may pleased pleased direct the Respondents to deposit the enhanced Compensation to the Credit of E.P. in L.A.O.P.No.7 of 2017 of the VII Gudur, S.P.S.R.Nellore District filed by the transferred to the Principal District Judge, be Additional District Judge Petitioners and which was Nellore, S.P.S.R.Nellore District, pending disposal of the pass Counsel for the Petitioner(S): 1.CH C KRISHNA REDDY Counsel for the Respondent(S): 1.GP FOR LAND ACQUISITION 2.GP FOR IRRIGATION COMM AREA DEV 3.GP FOR FINANCE PLANNING The Court made the following: writ petition and THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION NO.1312 of 2025 ORDER: The grievance of the petitioners is that the respondents are not paying enhanced compensation for the pomegranate trees situated in the land in Sy.No.49, an extent of Ac.2.875 cents; Sy.No.49, an extent of Ac.4.35 cents; Reach No.10 of Akelavalasa Village, Rapur Mandal, SPSR Nellore District in terms of the Judgment and decree in L.A.O.P.No.7 of 2017, dated 31.01.2024 on the file of VII Additional District Judge, Gudur, SPSR Nellore District. Heard Sri Ch. C. Krishna Reddy, learned counsel for the 2. petitioners, learned Assistant Government Pleader for Irrigation for Respondent No.1, learned Government Pleader for Land Acquisition for Respondent Nos.2, 4 to 6 and learned Government Pleader for Finance for Respondent No.3. Learned Assistant Government Pleader submits that since the 3. compensation granted by the Land Acquisition Officer as per the Award No.123/1989, dated 29.11.1989 for the land and trees is very less, the matter was referred to the reference Court i.e., VII Additional District Judge, Gudur, SPSR Nellore District and was numbered as L.A.O.P.No.07 of 2017 and same was disposed of on 31.01.2024 by enhancing the value of each pomegranate tree. Guava trees. Mango c trees, Nara Dabba trees to the extent for which 100%. to Rs.3.000/- only and also the valu compensation e of the land was awarded to claimants upto 4. In reply, learned dispose of the learned Assistant Government counsel for the petitioners writ petition by recording the s Pleader. requested this Court to admissions made by the 5. Considering the submisson 31.01.2024, this deposit the enhanced s made and iin view of the order dated writ petition i IS disposed of directing the respondents to compensation to the credit of on the file of VII Additional petitioners, within three (03) receipt of a copy of this order. No costs. E.P.No of 2024 in L.A.O.P.No.07 Gudur filed by the of 2017 District Judge, months from the date of As a sequel, interlocutory applications if any pending, shall stand closed. Sd/- G. HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1 The Principal Secretary, irrigation Department Pradesh, Secretariat, Pradesh State. 2 The Principal Secretary, Land Acquisition, State Secretariat, Velagapudi, Amaravathi State. 3. The Principal Secretary, Pradesh, Secretariat, Pradesh State. 4. The District Collector, 5. The Special Collector S.P.S.R.Nellore District. State of Andhra Guntur District, Andhra Velagapudi, Amaravathi, of Andhra Pradesh, Guntur District, Andhra Pradesh Finance Department, Velagapudi, Amaravathi State of Andhra i, Guntur District, Andhra Nellore, S.P.S.R.Nellore L A, Telugu Ganga Project District. Mulapeta, Nellore, Collector L A, Telugu Ganga Project. Rapur at 6. The Special Deputy Nellore, Mulapeta., Nellore, S.P.S.R.Nellore District 7. One CC to Sri. Ch C Krishna Reddy Advocate [OPUC] Land Acquisition High Court of Andhra Pradesh 8. Two CCS to GP for [OUT] 9. Two CCS to GP for Irrigation and Common Area Dev High Court of Andhra Pradesh [OUT] Two CCS to GP For Finance Pradesh [OUT] Three CD Copies Planning High Court of Andhra 10. 11. gsc high court DATED:27/06/2025 ORDER WP NO. 1312 OF 2025 DISPOSING THE WP WITHOUT COSTS