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2025 DAILYLAW 45275 (AP)

VADA SUDHA v. THE STATE OF ANDHRA PRADESH

WP/9505/2025 · 2025-04-28

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

^9] IN THE HIGH COURT OF ANDHRA PRADESH :: AMAR (Special Original Jurisdiction) TUESDAY ,THE TWENTY NINETH DAY OF APR TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9505 OF V “C 50 A / Between: Vada Sudha, W/o Veera Babu, Age 38 Nallakunta Village, Kukunoor Mandal West Godavari District. years, R/o. D.No. 13-98, ...Petitioner AND 1. The State of .Andhra Pradesh, Rep. by its Principal Secretary Revenue (L.A.) Department, Secretariat Velagapudi, Amaravati, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation Department, Secretariat, Velagapudi, Amaravati, Guntur District. 3. The District Collector, Eluru, West Godavari District. 4. The Sub-Collector, Kukunoor, West Godavari District. 5. The Commissioner, R and R Scheme, Opp; Andhra Hosptals Gollpudi Krishna District. 6. The Special Officer-Cum-Project Administrator, Rehabilitation Resettlement, Polavaram National Project, ITDA, K.R.Puram Godavari District. 7. The Tahsildar, Kukunoor, West Godavari District. and , West ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to issue writ of mandamus may be or any other appropriate writ order or writs or direction challenging the action of respondent authorities the 6th respondent in not considering the petitioner’s representation dated particularly 10.02.2025 for the R & R Package, Compensation arbitrary and violation of principles of natural justice 16. 21 and 300-A of the Constitution of and House Site as illegal, and also Article 14, 15, India and THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION rehabilitation and RESETTLEMENT FAIR COMPENSATION AND TRANSPARENCY rehabilitation and RESETTLEMENT ACT 2013 and THE RIGHT TO IN LAND ACQUISITION RULES 2014 and consequently to disburse the compensation. House Site direct the respondent authorities and R & R Benefits to the petitioner duiy proceedings issued by the 2 implementing the clause 4 of the respondent vide its Memo No.450483/R & R- nd A2/20171, Dated 18/05/2017. lA NO: 1 OF 2n9Fi Petition under Section 151 CPC prayifiy that in the circumstances stated in the affidavit filed i pleased to direct the House Site and R&R Benefits to 4 of the - in support of the petition, the High Court may be respondent authorities to disburse the compensation, the petitioner duly implementing the clause ^ espondent vide its Memo proceedings issued by the 2 NO.450483/R & R-A2/20171 nd Dated 18/05/2017- Counsel for the Petitloner.SRI. SOMISETTY Counsel for the Respondents:GP FOR GANESH BABU LAND ACQUISITION ^ : GP FOR IRRIGATION The Court made the following: 1 4 / APHC010186602025 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: 9505/2025 Between: ...PETITIONER Vada Sudha 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 IRRI AND CAD 2 r THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION NO.9505 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 in the nature of Writ of Mandamus declaring the action of the respondent authorities particularly the 6'^ respondent in not considering the petitioner’s representation dated 10.02.2025 for the R & R package, compensation and House Site as illegal, arbitrary and violation of principles of natural justice and also Article 14, 15, 16 & 21 and 300-A of the Constitution of India and “The Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 and the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Rules, 2014 and consequently direct the respondent authorities to disburse the compensation. House Site and R & R benefits to the petitioner duly implementing the Clause 4 of the proceedings issued by the 2 respondent vide its Memo No.450483/R & R-A2/20171, dated 18.05.2017 and to pass..’’ Learned counsel for the Petitioner submits that the parents of the petitioner i.e., Nagabhushanam and Nagamani are residents and owners of the land at Kakunoor Village and Mandal and the same was acquired 2. 3 for Polavaram Project. The Government formulated scheme called as “Rehabilitation and Resettlement Package (for short ‘R&R Package’)” for those who are affected in any land acquisition, as per the guidelines and the Act 30 of 2013. The parents of the Petitioner are also affected in the \ said project along with other residents of Kukunoor Village and eligible for R & R Package. The parents of the petitioner are died. Hence, the Petitioner made a representation dated 10.02.2025 to the respondent authorities seeking to provide the R & R benefits to the petitioner. But the f respondent not passed any orders as on today. Hence, the Writ Petition. Heard learned counsel for the Petitioner and learned counsel 4. appearing for the Respondents and perused the material placed on record. Learned counsel for the Petitioner further relied on the 5. observations made in Kotaru Sarath Kumar v. The State of Andhra Pradesh’'. In view of the principles laid down by this Court in the above judgment, the respondents shall not reject the R & R package to the petitioner on the ground of non-resident. ^ W.P.No.16172 & 16379 of 2019 :4 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 10.02.2025, in 6. view of the observations made in Kotaru Sarath Kumar v. The State of 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/- KJ. RAJA BABU ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To 1. The Principal Secretary, Revenue (L.A.) Department, Secretariat Velagapudi, Amaravati, Guntur District, State of Andhra Pradesh. The Principal Secretary, Irrigation Department, Secretariat, Velagapudi, Amaravati, Guntur District, State of Andhra Pradesh (1&2 BY SPECIALMESSENGER) The District Collector, Eluru, West Godavari District. The Sub-Collector, Kukunoor, West Godavari District. The Commissioner, R and R Scheme, Opp: Andhra Hosptals Gollpudi Krishna District. The Special Officer-Cum-Project Administrator, Rehabilitation and Resettlement, Polavaram National Project, ITDA, K.R.Puram, West Godavari District. (Addressee Nos.3 to 6 BY RPAD) The Tahsildar, Kukunoor, West Godavari District. One CC to SRI. SOMISETTY GANESH BABU Advocate [OPUC] Two CCs to GP FOR LAND ACQUISITION ,High Court Of Andhra Pradesh. [OUT] Two CCs to GP FOR IRRIGATION, High Court Of Andhra Pradesh. [OUT] 2. 3. 4. 5. 6. 7. 8. 9. 10. V HIGH COURT \ DATED:29/04/2025 ORDER WP.No.9505 of 2025 g 2!SfP 2025 . Current Section DISPOSSING THE WRIT PETITIION WITHOUT COSTS