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2025 DAILYLAW 44005 (AP)

ALLURI MOHANA VENKATA VARA PRASAD RAJU v. THE STATE OF ANDHRA PRADESH

WP/1369/2025 · 2025-04-28

Venkateswarlu Nimmagadda

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Judgment text

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k IN THE HIGH COURT OF ANDHRA PRADESH :: AMAR (Special Original Jurisdiction) TUESDAY ,THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1369 OF 2025 Between: 1. Alluri Mohana Venkata Vara Prasad Raju, S/o A.Ramakrishnam Raju, Aged about 56 years, Occ: Agriculture, R/o D.No.26-16-194, Iskon City, Nellore, S.P.S.R.Nellore District. 2. Muppala Vara Lakshmi, w/o Late Janardhana Varma, Aged about 65 years, Occ: Housewife, R/o Plot No.57, Road No.2, Sagar Society, Banjara Hills, Hyderabad, Telangana State. ...Petitioners AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation Department, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh State. The State of Andhra Pradesh, Rep. by its Principal Secretary, Land Acquisition, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh State. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh State. The District Collector, Nellore, S.P.S.R.Nellore District. The Special Collector (L.A.), Telugu Ganga Project, Mulapeta, Nellore, S.P.S.R.Nellore District. The Special Deputy Collector (L.A.), Telugu Ganga Project, Rapur at Nellore, Mulapeta, Nellore, S.P.S.R.Nellore District 1. 2. 3. 4. 5. 6. A ...Respondents 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 issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not paying the enhanced compensation for the pomegranate trees situated in the Land in Sy. No. 649/2, extent Ac.5.85 cents Sy. No.649/3 extent Ac. 7.55 cents Sy.No.964, extent Ac.5.40 cents and Sy.No.966 cents Reach No.29 of Dachuru (vil), Kaluvai Mandal, S.P.S.R.Nellore i ■. .'<r' •• extent Ac.5.73 District in terms of the Judgment and decree passed by the Honble High Court of A.P. in L.A.A.S No. 31 of 2020 is arbitrary, illegal, without jurisdiction and consequently direct the Respondents to deposit the enhanced Compensation to the Credit of E.P.No.47 L.A.O.P.No.40 of 1990 of 2023 in on the file of the Hon’ble Senior Civil Judge Gudur, S.P.S.R.Nellore District. lA NO: 1 OF 202Fi Petition under Section 151 CPC praying that in the circumstances may be compensation of A.P. in to the credit of E.P.No.47 of stated in the affidavit filed in support of the petition, the High Court pleased to direct the Respondents to deposit the enhanced amount as per the Judgment of the Hon’ble High Court L.A.A.S.No.31 of 2020, dated; 19.04.2023 2023 in L.A.O.P.No.40 of 1990 Judge, Gudur, S.P.S.R.Nellore District; Counsel for the PetitioneriSRI. CH C KRISHNA REDDY Counsel for the Respondents: GP FOR LAND ACQUISITION :GP FOR IRRIGATION on the file of the Hon’ble Senior Civil GP FOR FINANCE The Court made the following 1:: • • • • IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) APHC010020862025 [3329] TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1369/2025 Between: ...PETITIONER(S) Alluri Mohana Venkata Vara Prasad Raju and Others AND „..RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.CHC KRISHNA REDDY Counsel for the Respondent(S): 1 .GP FOR LAND ACQUISITION 2.GP FOR IRRI AND CAD 3.GP FOR FINANCE PLANNING > 2 THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION N0.1369 of 2025 This Court made the following ORDER: The grievance of the petitioners is that the respondents are not paying enhanced compensation for the pomegranate trees situated in the land in Sy.No.649/2, to an extent of Ac.5.85 cents; Sy.No.649/3 to an extent of Ac.7.55 cents; in Sy.No.964, to an extent of Ac.5.40 cents; and in Sy.No.966 to an extent of Ac.5.73 cents; Reach No.29 of Dachuru Village, Kaluvai Mandal, SPSR Nellore District, acquired for the purpose of Kandaleru Reservoir of Telugu Ganga Project-I. 2. Learned Assistant Government Pleader submits that being not satisfied with the quantum of compensation quantified in L.A.O.P.No.40 of 1990, the petitioners filed L.A.A.S.No.31 of 2020 before the Hon’ble High Court of A.P and this Hon’ble Court was pleased to dispose of the said L.A.A.S.No.31 of 2020 on 19.04.2023 by granting Rs.2,500/- per one pomegranate tree. -V 3 In reply, learned counsel for the petitioners requested this 3. Court to dispose of the writ petition by recording the submissions made by the learned Assistant Government Pleader. Heard Sri Ch. C. Krishna Reddy, learned counsel for the 4. petitioners, learned Assistant Government Pleader for Irrigation for Respondent No.1, learned Government Pleader for Land Acquisition for Respondent Nos.2, 4 to 6 and learned Government Pleader for Finance for Respondent No.3. In view of the above, this writ petition is disposed of directing 5. the respondents to deposit the enhanced compensation to the credit of E.P.No.47 of 2023 in L.A.O.P.No.40 of 1990 on the file of Senior Civil Judge, Gudur, SPSR Nellore District, within three (03) months from the date of receipt of a copy of this order. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1) The Principal Secretary, State of Andhra Pradesh, Irrigation Department, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh State. 2) The Principal Secretary, State of Andhra Pradesh, Land Acquisition, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh State. 3) The Principal Secretary, State of Andhra Pradesh, Finance Department Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh State. (Addressee Nos.1 to3 BY RPAD) 4) The District Collector, Nellore, S.P.S.R.Nellore District. 5) The Special Collector (L.A.), Telugu Ganga Project, Mulapeta, Nellore, S.P.S.R.Nellore District. 6) The Special Deputy Collector (L.A.), Telugu Ganga Project, Rapur at Nellore, Mulapeta, Nellore, S.P.S.R.Nellore District (Addressee Nos.4 to 6 BY RPAD) 7) One CC to SRI. CH C KRISHNA REDDY Advocate [OPUC] 8) Two CCs to GP FOR LAND ACQUISITION ,High Court Of Andhra Pradesh. [OUT] 9) Two CCs to GP FOR FINANCE, High Court Of Andhra Pradesh. [OUT Two CCs to GP FOR IRRIGATION, High Court of Andhra Pradesh. [OUT] Three CD Copies 10) 11) HIGH COURT DATED:29/04/2025 ORDER WP.No.1369 of 2025 DISPOSSING THE WRIT PETITIION WITHOUT COSTS