APHC010740882017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3206] FRIDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 21509/2017 Between: 1. K.DURGA PRASAD, S/O RAMA RAO AGE:47 YEARS, OCC: BUSINESS RIO ASUPAKA VILLAGE, ASWARAOPET MANDAL, BHADRADRI-KOTHAGUDEM DIST. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT (L.A), VELAGAPUDI, GUNTUR DIST. 2. THE DISTRICT COLLECTOR, WEST GODAVARI DIST., AT ELURU 3. THE SPECIAL COLLECTOR LAND ACQUISITION POLAVARAM, IRRIGATION PROJECT RAJAMAHENDRAVARAM, EAST GODAVARI DIST. 4. THE LAND ACQUISITION OFFICER AND SUBCOLLECTOR, KUKUNOOR, WEST GODAVARI DIST. 5. THE PAY AND ACCOUNT OFFICER NEAR IRRIGATION BUILDING, ELURU TOWN, WEST GODAVARI DIST. 6. SMT MEDAVARAPU ANITHA, W/O GOVINDA RAO AGE:40 YEARS, OCC: HOUSEWIFE R/O BHOODEVIPETA VILLAGE, VELURUPAD MANDAL, WEST GODAVARI DIST. ...RESPONDENT(S): 2 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 writ or direction preferably writ of mandamus declaring the action of the 4th respondent in trying to release the compensation amount in favour of the 6th respondent in respect of the land in Sy.N0.378 to an extent of Ac.137 kuntas situated at Thatukuru Gommu Village, Veierupadu Mond& of. West Godavari Dist., as illegal, arbitrary, and violative of principles of natural Justice and consequently direct the 4th respondent to refer the matter to a competent authority under Sec.76 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and pass such other or further orders as this 'dontle court deems fit and proper in the circumstances of the case. IA NO: 1 OF 2017(WVMP 3251 OF 2017 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 vacate the Interim Order granted on 13-07-2017 in WP No. 21509 of 2017 and dismiss the writ petition in the interest of justice and pass IA NO: 2 OF 2017(WPMP 26434 OF 2017 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 in support of the writ petition, it is prayed that this Hon'ble court may be pleased to Direct the 4th respondent not to release the compensation amount in favour of the 6th respOndent in respect of the land in Sy.NO.378 tO an extent of Ac.1-37 kuntas situated at Thatukuru Gommu Village, Velerupadu Mandal of West Godavari Dist., without considering the petitioner's objection dt:8-8-2016, pending the disposal of writ petition in the interest of justice. IA NO: 1 OF 2018 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 to vacate the interim order passed in W.P.No.21509 of 2017, dated 115.0W2017 and pass Counsel for the Petitioner: 1. M M M SRINIVASA RAO Counsel for the Respondent(S): 3 1. JAMI MADHAVI 2. GP FOR LAND ACQUISITION (AP) 3. SAJJA SRIRAMASURYAM 4 The Court made the following Order: The petitioner contending that he is the owner of Ac.1.37 kuntas of land, in Sy.No.378 of Thatukuru Gommu Village, Velerupadu Mandal, West Godavari District, has approached this Court, with the complaint that the land acquisition authorities, are seeking to pay out compensation, for this land to the 6th respondent despite the objections raised by the petitioner, on 08.08.2016. 2. It is contended that the aforesaid land was the subject matter of acquisition by virtue of a notification issued, under Section 4(1) of the Land Acquisition Act, 1894 [for short “the Act, 1894”], on 10.08.2007 for Indira Sagar Project. The petitioner contends that though his father had purchased the property, in the year 1970 and his father’s name was reflected in the revenue records as the owner, the authorities are seeking to hand over the compensation to the 6th respondent who is only shown as a enjoyer. 3. The 6th respondent, who is represented by Smt. Jami Madhavi, learned counsel contends that she had purchased the property in the year 1965 and has been in possession of the land due to which only she would be entitled to payment of compensation for the acquisition of the said land. The learned counsel for the 6th respondent would also rely upon the pattadar pass book and title deeds that are said to have been issued in her favour. 4. The land Acquisition Officer, represented by the learned Assistant Government Pleader for Revenue, would contend that the notification under section-4(1) of the Act, 1894, had contained the name of the father of the 5 petitioner. However, neither the father of the petitioner nor the petitioner had appeared before the land acquisition officer and it was only the 6th respondent who had appeared before the land acquisition officer and had demonstrated her title and enjoyment of the land. On account of these facts, the land acquisition officer had taken steps to pay the compensation to the 6th respondent. However, no compensation had been paid and the said compensation has been retained by the land acquisition officer on account of the stay granted by this Court, in the present Writ Petition. 5. In view of the fact that there is a serious dispute as to the title of the property, the provisions of Section 30 of the Act, 1894, would have to be followed. 6. Accordingly, this Writ Petition is disposed of with a direction to the respondents 3 & 4, to take necessary steps for referring disputes to the appropriate Court, under Section 30 of the Act, 1894 and to take steps to deposit the compensation payable for this land with the said Court along with the reference. 7. Needless to say, both the petitioner as well as the 6th respondent are at liberty to place all or any such material that they may deem fit before the reference Court. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ________________________ R. RAGHUNANDAN RAO, J. Date:17-10-2025 BSM 6 HON’BLE SRI JUSTICE R.RAGHUNANDAN RAO Writ Petition No.21509 of 2017 17-10-2025 BSM