APHC010308282020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] TUESDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 20404/2020 Between: 1. KANUGALA ABRAHAM, S/O RANGA SWAMY, AGED ABOUT 68 YEARS, OCCUPATION. CULTIVATION, RIO SAKUNALA VILLAGE, ORVAKAL MANDAL, KURNOOL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (LAND ACQUISITION) DEPARTMENT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KURNOOL DISTRICT, KURNOOL. 3. THE REVENUE DIVISIONAL OFFICER, KURNOOL, KURNOOL DISTRICT. 4. THE TAHSILDAR, ORVAKAL MANDAL, KURNOOL 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 a Writ of Mandamus or any other appropriate Writ Order or direction declaring the inaction on the part of the second respondent in paying compensation to the me as per the Award made by the third respondent vide Award proceedings Rc.A. 194/2015 dated 21-03-2018 as illegal, arbitrary and violative of Articles 2 21 and 300-A of the Constitution of India and issue consequential direction to the respondents to pay compensation to me as per the Award proceedings Rc.A. 194/2015 dated 21-03-2018 immediately and pass IA NO: 1 OF 2020 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 second respondent to consider for payment of compensation to the petitioner as per the Award proceedings Rc.A. 194/2015 dated 21-03-2018 pending disposal of the above writ petition and pass IA NO: 1 OF 2021 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 vacate the interim order dated 09-11-2020 in Ia. 1/2020 in WP. 20404/2020 and pass Counsel for the Petitioner: 1. D KRISHNA MURTHY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR LAND ACQUISITION (AP) 3 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 action of the 2nd respondent in not paying the compensation to the petitioner as per the award made by the 3rd respondent vide award proceedings Rc.A.194/2015 dated 21.03.2018. 3. The learned counsel for the petitioner submits that, as per the award of the 3rd respondent dated 21.03.2018 addressed to the 2nd respondent, the petitioner is entitled for compensation in respect of the subject lands as detailed in the said award with respect to the petitioner and as shown the compensation amount in the said table mentioned in the said award. Since the 2nd respondent did not pay the compensation amount, the petitioner filed this writ petition. In similar circumstances, there is an order passed by this Hon’ble court dated 04.05.2023 directing the authorities concerned therein to deposit the determined compensation amount before the Land Acquisition, Rehabilitation and Resettlement Authority within a period of two weeks from the date of receipt of that order. The Presiding Officer of the said authority was directed to receive the cheques deposited by the State in terms of that order and the petitioners therein were given an opportunity to withdraw the same by making an application. 4 4. On the other hand, the learned Assistant Government Pleader relying upon the counter of the respondent Nos.1 to 3 submits that as per the report of the Joint Collector, Kurnool @ Sl.No.40, it is mentioned that as per the RSR, the Sy.No.241A is G.D.dotted land with total extent of Ac.8.10 cents. As per 10(1) Account Sri Kanugala Abraham vide Khata No.403 was assigned an extent of Ac.5.00 cents vide R.Dis.7/84. He purchased the D.Form patta and pattadar passbook with Khata No.143 for an extent of Ac.5.00 cents. One Rokha Miah S/o Khasim Saheb and Smt. Hussain Bee W/o Mabu Saheb filed objection petition by producing un-registered agreement purchased from G.Masum Saheb and Pullaiah respectively. Hence, the Land Acquisition Officer has to peruse the documents and records of both the parties and finalize regarding payment of land compensation. Hence, the petitioner’s land was not mentioned in the Rectification Award-I, as the objection raised by one Rokha Miah S/o Khasim Saheb and Smt. Hussain Bee W/o Mabu Saheb. Hence, the petitioner’s lands were included in General Award passed for an extent of Ac.427.03 cents. However, the learned Assistant Government Pleader submits that the similar order of this court dated 04.05.2023 may be extended in this case also. 5. In view of the above said facts and circumstances, the 3rd respondent is directed to deposit the determined compensation under the award of the 3rd respondent dated 21.03.2018 in respect of the 5 petitioner only before the Land Acquisition, Rehabilitation and Resettlement Authority, Tirupati within a period of four (4) weeks from the date of receipt of this order. The Presiding Officer of the said authority is directed to receive cheques deposited by the State in terms of this order. If the petitioner makes an application for withdrawal of the same, the same should be considered on its own merits and in accordance with law by hearing all the parties concerned including the petitioner and the objectors if any, upon verification of the records and the subject lands appropriate decision shall be taken on its own merits as expeditiously as possible, preferably within a period of two (2) months thereafter. The copy of the order of this court dated 04.05.2023 shall be made as part of the court record. 6. Accordingly, the 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, Miscellaneous Petitions pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 23.12.2025 NNN