Extracted from the PDF above. The PDF is authoritative.
[3329 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (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: 9529 OF 202^ A / Between; Gubbala Swathi, W/o Krupakar Rao, Aged ablout 36 years. R/o D. No. 1-2 Burreddy Gudem, Katukur Village, Velairpadu Mandal, Eluru District. ...Petitioner AND
1. The State of Andhra Pradesh, , Rep. by its Principal Secretary (Irrigation) Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Eluru, District. 3. The Sub-Collector, Kukunoor, Eluru District. 4. The Commissioner, R & R Scheme, OPP- Andhra Hospitais, Goiiapudi Krishna District. 5. The Special Officer(SO)-Cum-Project Administrator, Rehabilitation & Re-settlement, Polavaram National Project, ITDA, K.R.Puram. Eluru District. 6. The Tahsildar, Velerupadu, Eluru District. 7. The Village Revenue Officer, Bureddygudem, Kutukur, Eluru District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue appropriate writ, order or direction one in the nature of WRIT OF MANDAMUS declaring the action of the may more particularly
respondents not consider the petitioner application dated 08-03-2021 illegal, arbitrary against principles laid down in Act No.30 of 2013 and consequently direct the respondents to consider the petitioner name for granting Rehabilitation and Resettlement package as per package announced under Polavaram Project by considering the documents. lA NO: 1 OF 2025 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 direct the respondents No.2 to 7 consider the petitioner application for settlement of Rehabilitation and Resettlement package of Polavaram Project to the petitioner as per Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013; as Counsel for the PetitionerrSR!.
SOMISETTY GANESH BABU Counsel for the Respondents: GP FOR IRRIGATION AND CAD : GP FOR LAND ACQUISITION The Court made the following:
1 APHC010186382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9529/2025 Between: ...PETITIONER Gubbala Swathi AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner:
1.SOMISETTY GANESH BABU Counsel for the Respondent(S):
1.GP FOR LAND ACQUISITION 2.GP FOR IRRl AND CAD r-
2 THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION N0.9529 of 2025 This Court made the following
ORDER: This Writ Petition is filed by the petitioner, under Article 226 of the Constitution of India, seeking the following relief: to issue appropriate writ, order or direction more particularly one the nature of Writ of Mandamus declaring the action of the respondents in not considering the petitioner’s application dated 08.03.2021 as illegal, arbitrary against principles laid down No.30 of 2013 and consequently direct the respondents to consider the petitioner name for granting Rehabilitation and Resettlement package as per package announced under Polavaram Project by considering the documents and pass.” in in Act
2.
Learned counsel for the Petitioner submits that the petitioner born and brought up in Burreddygudem Village, Katkur Gram Panchayat, Velairpadu Mandal, West Godavari District, erstwhile Khammam District. The Petitioner studied intermediate during 2005 to 2007 in Government Junior College, Velaipadu. was
3
Learned counsel further submits that petitioner’s application dated 08.03.2021 for awarding compensation under Rehabilitation and Resettlement package in Polavaram Project, West Godavari District is pending before the Respondent No.3 and Respondent No.3 is trying to reject the petitioner’s application without following any procedure as contemplated. Hence, the Writ Petition.
3.
4. Heard
learned counsel for the Petitioner and
learned counsel appearing for the Respondents and perused the material placed on record.
Learned counsel for the Petitioner further relied on the observations made in Kotaru Sarath Kumar v. The State of Andhra PradeshV In view of the principles laid down by this Court in the above
judgment, the respondents shall not reject the RR package to the petitioner on the ground of non-resident.
5. Considering the above submissions and on perusal of the material on record, this Writ Petition is disposed of directing the respondents to consider the representation made by the petitioner dated 08.03.2021, in
6. view of the observations made in Kotaru Sarath Kumar v. The State of W.P.No.16172 & 16379 of 2019
f :4: Andhra Pradesh (Supra 1) and take appropriate action expeditiously. There shall be no order as to costs. As a sequel, interlocutory applications pending, if any, shall stand closed.
Sd/- M. SRINIVAS ASSISTANT REGISTRAR //ie //TRUE COPY// SECTJON OFFICER To
1. The Principal Secretary (Irrigation) Department, Secretariat Buildings, Velagapudi, Guntur District, State of Andhra Pradesh (BY SPECIALMESSENGER)
2. The District Collector, Eluru, District.
3. The Sub-Collector, Kukunoor, Eluru District.
4. The Commissioner, R & R Scheme, OPP- Andhra Hospitals, Gollapudi Krishna District.
5. The Special Officer(SO)-Cum-Project Administrator, Rehabilitation & Re-settlement, Polavaram National Project, ITDA, K.R.Puram, Eluru District.
6. The Tahsildar, Velerupadu, Eluru District.
7. The Village Revenue Officer, Bureddygudem, Kutukur, Eluru District. (Addressee Nos.2 to 7 BY RPAD)
8. One CC to SRI. SOMISETTY GANESH BABU Advocate [OPUC]
9. Two CCs to GP FOR IRRIGATION, High Court of Andhra Pradesh. [OUT]
10.
Two CCs to GP FOR LAND ACQUISITION, High Court of Andhra Pradesh. [OUT] Three CD Copies
11.
HIGH COURT DATED;29/04/2025
ORDER WP.No.9529 of 2025 I f VSEP 2025 Current Section Pih DISPOSSING THE WRIT PETITIION WITHOUT COSTS