HTCDS,J WP_2065_2022 1 APHC010030982022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] THURSDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION No.2065/2022 Between: Smt. Kola Mani, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. KAMBHAMPATI RAMESH BABU Counsel for the Respondent(S): 1. GP FOR REVENUE 2. NIMMAGADDA REVATHI The Court made the following: HTCDS,J WP_2065_2022 2 ORDER:- 1. The present writ petition is filed, questioning the action of the respondents in trying to dispossess the petitioner from land admeasuring an extent of Ac.0-49 cents in RS No.88/3 at Sanivarapupet, Eluru Mandal, West Godavari District. 2. It is the case of the petitioner that the aforementioned land was originally assigned in favour of her father, who subsequently executed a Will in favour of the petitioner's mother. In turn, the petitioner's mother executed a Will in favour of the petitioner on 12.01.2020, bequeathing the said land in her favour. 3. It is further contended that the said land was identified for distribution of house sites under “Navaratnalu Pedalandariki Illu” scheme by the government. The petitioner made representations dated 09.01.2021 and 23.04.2021, requesting the 4th respondent not to resume the land. Despite the same, the 4th respondent continued to interfere with the petitioner’s possession without following the due process of law and in those circumstances, the present writ petition is filed. Pending the writ petition, unofficial respondent Nos.5 to 9 filed application seeking to implead themselves as party respondents HTCDS,J WP_2065_2022 3 to the present writ petition vide IA No.2 of 2022 and the said application was ordered by this Court on 22.11.2024. 4. On the other hand, the 3rd respondent filed a counter- affidavit stating that the subject lands were resumed by order dated 09.01.2020 passed by the 4th respondent, invoking condition No.17 of the DKT patta for public purpose i.e., for grant of house sites to the eligible beneficiaries. 5. It is further averred in the counter affidavit that the respondents are willing to pay the compensation to the legal heirs of the original assignees, but it could not be paid in view of the dispute between the legal heirs. Accordingly, the 3rd respondent issued proceedings dated 08.01.2021 as per the proceedings of the 2nd respondent, quantifying an amount of Rs.34,30,000/- towards compensation of the lands resumed. It is further averred that the said compensation was deposited in Collector’s account so as to deposit before the Land Acquisition Rehabilitation & Resettlement Authority, Vijayawada. 6. As the land was resumed by order dated 09.01.2020 after putting the petitioners on notice, later the same was allotted to the eligible beneficiaries, the prayer sought for in the writ HTCDS,J WP_2065_2022 4 petition cannot be granted inasmuch as the resumption order is not under challenge in the instant writ petition. 7. After hearing the matter, both the counsel made joint request that liberty may be granted to them for making representations before the concerned authorities for disbursing compensation amount already deposited. Taking into consideration of facts and circumstances of the case, the writ petition is disposed of directing the petitioners and unofficial respondent Nos.5 to 9 to approach the respondents with regard to their claim and the same may be considered in accordance with law after affording an opportunity of being heard to them. 8. With the above direction, the writ petition is disposed of. No order as to costs. As sequel pending miscellaneous petitions, if any, shall stand closed. ______________________ JUSTICE T.C.D. SEKHAR 06.03.2025 DR HTCDS,J WP_2065_2022 5 25 THE HONOURABLE SRI JUSTICE T.C.D. SEKHAR WP No.2065 of 2022 Date 06.03.2025 DR