%^ . IN THE HIGH COURT OF ANDHRA PRADESH AMARAVAJl (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF MAR TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKH;^ WRIT PETITION NO: 17701 OF 2022 Between: Hasti Sekhar Alias Sekhar Raju, S/o Changal Raju, Aged about 50 Occ. Agriculture Ambapuram Village, Nellore Rural Mandal, Present residing at Challanyapuri Colony, Near L.L.F.School, Vedayapalem, Nellore City, SPSR Nellore District. years. ...Petitioner AND 1. The State of Andhra Pradesh, Rep its Principle Secretary Revenue Dept. Velagapudi @ Amaravathi, Guntur Dist.Andhra Pradesh. 2. The District Collector, Nellore, SPSR Nellore District. 3. The Revenue Divisional Officer, Nellore, SPSR Nellore District. 4. The Tahsildar, Nellore Rural Mandal, SPSR Nellore District. ...Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction more particularly one in the nature writ of mandamus declaring the action of the respondents 2 to 4 in considering the representations/ objections of the petitioner herein 25.04.2022 submitted before the respondents authorities concerned for quashing the order of proceedings passed by the 4th respondent herein i Rc (B) 87A101/2007 dt. in 18.12.2008 against the petitioner for the acquisition of the land of petitioner vize Sy.NO.130/3A an extent of Ac.I.IOcents in out of total an extent of Ac. 119.80 cents situated Ambapuram Kothur Village, Nellore Rural Mandal at SPSR Nellore District # and set aside the order of proceedings in Rc (B)87A101/2007 dt. 18.12.2008 passed against the petitioner by the 4th respondent herein in respect of the lands of petitioner for the aforesaid land, as illegally arbritry discriminatory and violation of principles of natural justice consequently direct the respondents to consider the representations/ objections of the petitioner 25.04.2022 with regarding the payment of compensation towards award amount with interest from the date of award till the date of realisation with in stipulated period prescribed law by determining my rights in my land as I was eligible for recovery of compensation under lawr lA NO: 1 OF 202?- Petition under Section 1^1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay from dispossession of the petitioner from his Sy.No. 130/3A an extent of Ac 1.10 Cents in out of Ac. 119.80 Cents situated at Ambapuram Kothur Village Nellore Rural Mandal landvize SPSR Nellore District against the respondents herein in view of writ petition until further order in interest of justice. ^ Counsel for the Petitioner :SRI. KHAJARAHAMATULLA S Counsel for the Respondents: GP FOR REVENUE ^ The Court made the following: f APHC010280742022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY ,THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE [3505] PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 17701/2022 Between: Hasti Sekhar Alias Sekhar Raju ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner: 1. KHAJARAHAMATULLA S Counsel for the Respondent{S): 1.GP FOR REVENUE 2 It The Court made the following order: The petitioner claims that he is the absolute owner and possessor of land admeasuring an extent of Ac. 1.10 cents in Sy.No.130/3A of Ambapuram, Kothur Village, Nellore Rural Mandal, SPSR Nellore District. He further claims that he is eking out livelihood by cultivating the said land and he dug a bore well, for doing agriculture. It is his further case that the representation made by him was favourably considered and accordingly he was granted DKT patta over an extent of Ac. 1.10 cents in Sy.No.130/3A. It is the case of the petitioner that since the date of grant of patta, he is in peaceful possession and enjoyment of the said land. 2. It is further case of the petitioner that while so, the respondents identified the land of the petitioner for issuance of house site pattas to eligible beneficiaries under Indiramma th Housing Programme Phase-ll scheme and accordingly the 4 respondent issued proceedings in Rc.V. 87/A-1-2007, dt. 18.12.2008. It is further case of the petitioner that though the proceedings were issued, the petitioner continued to be in possession of the land. It is his further case that subsequently the Government has proposed to take over the land of the petitioner under Navarathnalu Pedalandariki lllu Scheme. In furtherance thereto, the subject land was taken away from the petitioner and the same was distributed in favour of eligible beneficiaries. It is further case of the petitioner that despite resuming the land from him, no compensation was paid. The petitioner further claims that he has made representation dt.25.04.2022 to the respondents seeking to pay compensation. Questioning the action of the respondents in not considering the representation dated 25.04.2022, the present writ petition came to be filed. Learned Assistant Government Pleader for Revenue placed instructions dated 22.03.2025 furnished by the 3'"' respondent before this Court. On perusal of the said instructions, it is stated that the 3"'^ respondent by letter dated 27.01.2023 directed the 4**^ respondent to submit a report in the matter. In pursuance of the 3. 4. same, an enquiry was conducted and in the enquiry it is revealed that the petitioner was in possession of the subject lands. Accordingly, the 4*'' respondent submitted a report dated 31.05.2023 to the 3'"^ respondent recommending to pay compensation based on market value in terms of as per G.O.Ms.No.571 Revenue (Assin-I) Department, dt.14.09.2012 as the land was under possession and enjoyment of the petitioner for more than ten years. The 4 a respondent further states that the market value was fixed at the rate of Rs. 16,50,000/- per acre and accordingly the petitioner is entitled to receive an amount of Rs. 18,15,000/- towards the land resumed from him. In fact the 3'^^ respondent also accorded permission for drawl of Rs.18,15,000/- towards payment of compensation to the petitioner. In pursuance of the same, it is stated that when bill was tried to be uploaded in CFMS for payment of compensation, due to lack of funds in the account, the bill ID could not be created. The instructions further reveal that steps are being taken and the compensation will be paid to the petitioner. Heard learned counsel for the petitioner and learned 5. Assistant Government Pleader for the respondents. Perused the material available on record. Admittedly, the land of the petitioner was initially acquired in the year 2008 but the same could not be put to use for various reasons by the Government. In view thereof the petitioner continued to be in possession of the subject lands. Further, the Government has identified the subject lands for distribution of house sites in favour of eligible beneficiaries under Navartnalu Pedalandariki lllu Scheme. Accordingly, the land was resumed from the petitioner. When no compensation is paid, the petitioner 6. mi 5 made a representation and the same was favourably considered and in fact the Joint Collector also fixed market value at the rate of Rs. 16,50,000/- per acre and accordingly the 3'"^ respondent issued proceedings dated 05.09.2024, wherein it is categorically stated that he is entitled to receive an amount of Rs. 18,15,000/-, towards compensation. It is needless to mention that once the land is resumed/acquired from the petitioner, it is incumbent on the part of the respondents to pay compensation. In view of the same, the Writ Petition is disposed of directing the respondents to pay compensation to the petitioner fixed by the Revenue Divisional Officer in proceedings dated 05.09.2024, within a period of three (03) months, from the date of receipt of copy of this order. With the above directions, the Writ Petition is disposed of. 7. as 8. There shall be no order as to costs. As a sequel. Miscellaneous Applications, if any, pending shall also stand dismissed. Sd/- M. RAWSESH BABU DEPUTY REGISTRAR rr St //TRUE COPY// SECTION OFFICER To, 1. The Principle Secretary, Revenue Dept, State of Andhra Prad^h, Velagapudi @ Amaravathi, Guntur Dist.Andhra Pradesh. 2. The District Collector, Nellore, SPSR Nellore District. 3. The Revenue Divisional Officer, Nellore, SPSR Nellore District. ^ 4. The Tahsildar, Nellore Rural Mandal, SPSR Nellore District.(1 to 4 by RPAD) PM 5. One CC to SRI. KHAJARAHAMATULLA S Advocate [OPUC] 6. Two CCs to GP FOR REVENUE .High Court Of Andhra Pradesh^^,^ [OUT] 7. Three CD Copies KSR '\ HIGH COURT DATED:24/03/2025 ORDER WP.No.17701 of 2022 DISPOSING THE WRIT PETITION WITHOUT COSTS