APHC010164552023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.8493 of 2023 Between: 1. MEKALA ADINARAYANA, S/O. SESHAIAH, AGED ABOUT 40 YEARS, R/O.PONGURU KANDRIGA VILLAGE, MARRIPADU MANDAL, SPSR NELLORE DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRI. SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE STATE OF A P, REP. BY ITS PRL. SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT. 4. THE SPECIAL COLLECTOR, LAND ACQUISITION, TELUGU GANGA PROJECT, NELLORE. 5. THE SPECIAL DEPUTY COLLECTOR, (LAND ACQUISITION OFFICER) TELUGU GANGA PROJECT, RAPUR, NELLORE. 6. THE CHIEF ENGINEER, NTR TELUGU GANGA PROJECT, TIRUPATI. 7. THE SPECIAL DEPUTY TAHSILDAR, LAND ACQUISITION, RAPUR UNIT, TELUGU GANGA PROJECT, NELLORE. ...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 to declare the inaction of the Respondents in payment of compensation to the petitioner in pursuance of the award passed in L.A.O.P. No.6/2019, dated 25-07-2022 by the Land Acquisition Rehabilitation and Resettlement Authority, Vijayawada as illegal and in 2 violation of Article 21 and 300-A of Constitution of India, 1950 and consequently direct the Respondents to take steps for payment of compensation to the petitioner in the interest of justice. Counsel for the Petitioner: 1. TIRUMALA VIDYA CHARAN Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR REVENUE 3. GP FOR LAND ACQUISITION 4. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 3 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief: "….to declare the inaction of the Respondents in payment of compensation to the petitioner in pursuance of the award passed in L.A.O.P.No.6/2019, dated 25.07.2022 by the Land Acquisition Rehabilitation and Resettlement Authority, Vijayawada as illegal and in violation of Article 21 and 300-A of Constitution of India, 1950, and consequently direct the Respondents to take steps for payment of compensation to the petitioner in the interest of justice and pass such other orders……" 2. The instant Writ Petition is filed to declare the inaction of the respondents in payment of compensation to the petitioner in pursuance of the award passed in L.A.O.P.No.6 of 2019 dated 25.07.2022 by the Land Acquisition Rehabilitation and Resettlement Authority, Vijayawada, as illegal and in violation of Articles 21 and 300A of the Constitution of India. 3. Dissatisfied with the compensation awarded by the Collector under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013) (for short, ‘the Act’) the matter was referred to the authority under Section 64 of the Act. On adjudication, the authority has answered the issue and directed the Land Acquisition Officer to pay difference amount of Rs.33,50,858/- with interest @ 9% from the date of taking possession, i.e., 12.09.2016 for one year and thereafter at 15% per annum till payment or deposit of the same with the authority. As directed by the authority, the respondents have not paid the amount. 4 Hence, the present Writ Petition is filed to direct the respondents to pay the balance amount due to the petitioner of Rs.33,50,858/-. 4. The 6th respondent has filed counter stating that the LAO has obtained legal opinion from the Government Pleader who suggested that if the Government concedes to make payment based on the award passed by the LARR Authority, Vijayawada in L.A.O.P.No.6 of 2019 dated 25.07.2022, the other awardees may follow suit, thereby considerably overburdening the government exchequer. 5. The 5th respondent filed counter, at paragraph No.7, it is asserted that the Special Collector, TGP, Nellore, submitted decretal charges proposals to the Principal Secretary to Government, Water Resource Department through the Chief Commissioner of Land Administration, AP, Mangalagiri, vide D2/43/2023 dated 29.09.2023 for a tune of amount of Rs.58,62,290/- towards payment of compensation to the petitioner including interest amount and after receipt of the budget, the bill will be uploaded into the CFMS portal and consequently amount will be credited into the petitioner bank account. The LARR has passed the order on 25.07.2023. 6. The question whether the Government intended to prefer an appeal against the award delivered by the LARR Authority in LAOP No.6 of 2019 is immaterial. Admittedly, no such appeal was filed. The plea of intending to file an appeal is to say the least, a ruse and an afterthought, indeed, false to the knowledge of the petitioner. 5 7. In a catena of cases this Court had held that where dispute revolves round questions of fact, the matter ought not be entertained under Article 226 of the Constitution. In the present case the respondents have not disputed the payment of compensation to the petitioner for the property acquired. And the respondents have manifested in their counter that they will pay the compensation amount to the petitioner and they are unable to the said for not allotment of budget for the payment of compensation, hence this Court directs the respondents to pay the admitted for the payment of compensation with in a period of 3 months from date of receipt of the order. 8. In the case of The D.F.O., South Kheri And Ors. vs Ram Sanehi Singh reported in (1971) 3 SCC 864, the Apex Court held that when a State decides not to pay the dues with mala fide, with ulterior motives or arbitrarily or when the State avoids payment of the dues with mala fide, with ulterior motives, arbitrarily or when the State discriminates, while making payment dues, such a decision of the State not to pay or such an act of the State of not paying its dues cannot be said to be wholly beyond the reach of Article 226, for asking the writ court to do is to force the State to act in accordance with its constitutional obligation by adhering to the letter and spirit of Articles 14 and 21 of the Constitution of India. 9. The 5th respondent has admitted in the counter, the amount will be paid to the petitioner on receiving proposals from the Principal Secretary to Government, Water Resource Department. 6 10. Therefore, this Court is inclined to dispose of the Writ Petition, directing the respondent authorities to pay the amount due to the writ petitioner within a period of two (2) months from the date of receipt of a copy of this order, failing which, the petitioner is entitled to further interest on the said amount @ 6% per annum from the date of Writ Petition till the date of payment of the amount to the petitioner. 11. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 04.11.2025 siva 7 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.8493 of 2023 Date: 04.11.2025 siva