Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 39879 (AP)

K.Chakrapani, v. The State of Andhra Pradesh

WP/10818/2018 · 2025-12-28

Ninala Jayasurya

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010246162018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3209] MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO.10818 OF 2018 Between: K. Chakrapani and others ...PETITIONERS AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department and others ...RESPONDENTS Counsel for the Petitioners: 1. SUBBA RAO KORRAPATI Counsel for the Respondents: 1. GP FOR REVENUE 2. GP FOR LAND ACQUISITION The Court made the following ORDER: The Writ Petition is filed seeking to declare the action of the respondents in not acquiring the petitioners’ lands, situated in Survey Nos.227/1 to 227/5 of Kasimkuppam village, Puttur Mandal, Chittor district, in connection with Venugopala Sagar NJS, J WP No.10818 of 2018 2 Reservoir, Galeru Nagari Srujala Sravanthi Unit-I, as arbitrary, discriminatory, illegal and contrary to law and for consequential directions. 2. Learned counsel for the petitioners, with reference to the averments made in the affidavit filed in support of the Writ Petition, inter aila, submits that the petitioners are owners and enjoyers of different extents of land situated in the above said survey numbers, the details of which are set out in paragraph No.5 of the affidavit. He submits that some of the extents of the land situated in the said survey numbers were coming under submergence in view of construction of Venugopala Sagar Reservoir and as a result of the same, the petitioners are not in a position to carry on their agricultural operations. He further submits that pursuant to the representations made by the petitioners, the 7th respondent along with the Mandal Revenue Inspector, Mandal Surveyor and the VRO, inspected the lands situated in Survey No.227 and submitted a detailed report dated 18.07.2013 to the 5th respondent – District Collector. Even, as per the said report, the learned counsel submits that, the petitioners are in possession and enjoyment of different extents NJS, J WP No.10818 of 2018 3 of land, the details of which are stated in paragraph No.8 of the affidavit. He submits that, on account of submersion of lands, which are in possession of the petitioners, they are entitled for compensation and, as the same was not paid, the petitioners made representations and as the same did not yield any response, the present Writ Petition is filed. He also submits that, as the petitioners are deprived of carrying on the agricultural operations, they are entitled for compensation and, accordingly, seeks appropriate orders. 3. On the other hand, Sri K. Arjun Chowdary, learned Assistant Government Pleader, made submissions with reference to the separate counter affidavits filed by respondent Nos.5 and 7. 4. On a perusal of the counter affidavit filed by the 5th respondent, it is discernable that as per the report of the Tahsildar, Puttur mandal, the petitioners are in possession of certain extents of land in Survey No.227 of Kasimkuppam village. Further, it appears that there are certain discrepancies with reference to the total extent of land in Survey No.227 and its sub-divisions and a survey was proposed for correction of NJS, J WP No.10818 of 2018 4 entries in the revenue records. The relevant paragraph No.16 of the counter in this regard reads as follows. “16. It is submitted that the Tahsildar, Puttur has reported that a detailed exercise has to be conducted with reference to patta granted, extent implemented / recorded in the revenue records, field position and also the documentary evidences with reference to flowing of title produced bythe claimants, then only there is a possibility for arriving actual and taken possession from each claimant and amount to bepaid with the mutual consensus of the claimants basing on the rights acquired and requested for some time is required toconduct detailed enquiry as well as survey for finalizing and submission of detailed report.” 5. Be that as it may. Pursuant to the orders of this Court dated 08.12.2025, learned Assistant Government Pleader has placed a copy of the latest written instructions dated 27.12.2025 received from the 5th respondent for perusal of the Court. 6. From a reading of the said instructions, it is clear that though it was stated in the counter affidavit filed by the 5th respondent dated 25.09.2023 that survey would be conducted in respect of the lands situated in Survey No.227, the same was NJS, J WP No.10818 of 2018 5 not carried out in view of the general elections in May 2024 and for other reasons. 7. However, to put a quietus to the grievance of the petitioners, this Court deems it appropriate to direct the respondents 4 and 7 to conduct a survey in respect of the subject matter lands, as proposed in the latest instructions dated 27.12.2025, after affording reasonable opportunity to the petitioners, and pass appropriate orders thereafter as to whether the lands in question are coming under the submergence, as expeditiously as possible, preferably within a period of four (4) weeks from the date of receipt of a copy of this order and initiate further action for payment of compensation in accordance with law. 8. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed. _____________________ NINALA JAYASURYA , J Date:29.12.2025 Nsr NJS, J WP No.10818 of 2018 6 HON’BLE SRI JUSTICE NINALA JAYASURYA Writ Petition No.10818 of 2018 Date:29.12.2025 Nsr