IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI x/ (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF FE TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETIT.a NO: 1776 OF 2025 Between; 1. Chennuru Mohan Reddy, S/o Narasimha Reddy, Age. 80 Years, Occ. Agricultural Makthapuram(V),Sangam(M) ,SPSR Nellore Dist.^ Kollukockfru Srinivasulu Reddy, S/o K. Krishna Reddy, Aged about 77 Years, Occ. Agricultural Jangam Street, Legunta PaduA/).Kovur(M) , SPSR Nellore Dist.^'^ 2. ...Petitioners AND The State of Andhra Pradesh, Rep by its Principal Secretary MA and UD, AP Secretariat, Velagapudi, Guntur Dist The District Collector and District Magistrate, Nellore, SPSR Nellore Dist. The Revenue Division Officer, NellofeTsPSR Nellore Dist. The Tahsildar, Buchireddypalem, SPSR Nellore Dist. The Nagar Panchayat Office, Buchireddypalem, SPSR Nellore Dist. Rep by its Commissioner. The Commissioner^agar Pachayat Office, Buchireddypalem SPSR Nellore Dist. 1. 2. 3. 4. 5. 6. ...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 of mandamus or any appropriate order or direction to 5th and 6th respondents to pay the monetary compensation for the land acquired for lying the public road in the year 2006 in Sy.No.71/1 to the extent of 5 Ankanams(40 Sq.Yds) of 1®* petitioner and 1 Ankanam(8 Sq.Y^) of 2nd petitioner at Buchireddypalem Nagar panchayat, SPSR w r Nellore district as per The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,2013, which is kept pending and passing resolution No.43yDated 04.12.2024 rejecting the legitimate right illegal arbitrary improper and without any power or authority under law and against to the Art. 14,16, 21 and 300A of the constitution of India. 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 5^^ and 6*^ respondent to consider the monitory compensation as per The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,2013 pending disposal of the above writ petition. Counsel for the Petitioners: SRI JANARDHANA REDDY PONAKA ^ Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN & URBAN DEVELOPMENT v/ Counsel for the Respondents 2 to 4: GP FOR REVENUE Counsel for the Respondents 5 & 6: SRI V. SIREESHA RANI, ^ SC for MUNICIPALITIES The Court made the following order: APHC010034442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.1776 of 2025 Between: Chennuru Mohan Reddy and another ...PETITIONER{S) AND The State of AP and others ...RESPONDENT{S) Counsel for the Petitioner(S): 1.JANARDHANA REDDY PONAKA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP MUNCIPAL ADMN. & URBAN DEV. 3. Ms. V. SIREESHA RANI, STANDING COUNSEL The Court made the following: 2 VS,J W.P.No.1776 of 2025 ORDER: This Writ Petition, under Article 226 of the Constitution of India is filed seeking the following relief; "....to issue a writ of mandamus or any appropriate order or direction to 5'^ & 6'^ respondents to pay the monetary compensation for the land acquired for lying the public road in the year 2006 in Sy.No. 71/1 to the extent of 5 Ankanams (40 Sq.Yds) of petitioner and 1 Ankanam (8 Sq.Yds) of petitioner at Buchireddypalem Nagar Panchayat, SPSR Nellore district as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which is kept pending, and passing resolution No.432 Dated 04.12.2024 rejecting the legitimate right, as illegal, arbitrary, improper and without any power or authority under law and against to the Art. 14, 16, 21 and 300A of the Constitution of India..’’ 2. Heard learned counsel for the petitioners, learned Government Pleader for Municipal Administration and Urban Development representing respondent No.1, learned Government Pleader for Revenue representing respondent Nos.2 to 4 and learned Standing Counsel representing respondent Nos.5 and 6. It is the case of the petitioners that in the year 2006, they gave 3. 5 ankanams (40 square yards) and 1 ankanam (8 square yards) of land respectively in Sy.No.71/1 falling within the limits of Buchireddypalem Nagar Panchnayat, Nellore District, for the purpose of laying public road in the said Panchayat. At that time, the ▼ 3 VS,J W.P,No.l776of 2025 authorities promised to give alternative land of 12 ankanams and pay monetary compensation to the petitioners. 4. It is the grievance of the petitioners that till date, the authorities have not paid them any compensation nor allotted any alternative land as promised and after repeated representations submitted by them, the Commissioner of Nagar Panchayat, vide proceedings bearing ROC.No.34/G1/2022 dated 12.12.2024, has informed the petitioners that their request for allotment of alternative land or for payment of compensation was rejected vide council resolution dated 04.12.2024. Today, when the matter is taken up for hearing, learned Standing Counsel representing respondent Nos.5 and 6 has placed before this Court a copy of the written instructions dated 27.01.2025 received from the Town Planning and Building Overseer, Buchireddypalem Nagar Panchayat, wherein, while confirming that the land of the petitioners was taken for laying of a connecting road in the Panchayat in the year 2006 and that the representation of the petitioners was rejected as no alternative land is available to allot to 5. them, it is stated that they are willing to compensate the petitioners through monetary benefit. The relevant portion of the written instructions reads as under: “As per the request of the petitioners, we are willing to compensate the petitioners either by giving the ipnd or W.P.No.1776 of 2025 monetary, as the Council of Buchireddypalem Nagar Panchayat rejected the compensation in the form of land, we propose a new resolution to compensate them through monetary benefit in the next Council meeting. ” In view of the above stand taken by the authorities of the Nagar Panchayat, instead of keeping the writ petition pending, this Court deems it appropriate to dispose of the writ petition at the admission stage, directing the respondent Nos.5 and 6 to take appropriate steps for payment of compensation to the petitioners, as expeditiously as possible, duly following the procedure as contemplated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 6. 7. With the above direction, the Writ Petition is disposed of. No order as to costs. Interlocutory Applications, if any, pending in this writ petition shall stand closed. Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR IT 5^ ' SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary MA and UD, State of Andhra Pradesh, A.P.Secretariat, Velagapudi, Guntur District. m u 2. The District Collector and District Magistrate, Nellore, SPSR Nellore Dist. 3. The Revenue Division Officer, Nellpre, SPSR Nellore Dist 4. The Tahsildar, Buchireddypalertvr^PSR Nellore Dist. 5. The Commissioner, Nagar Pach^at Office, Buchireddypalem SPSR Nellore Dist. r^r,i 6 One CC to Sri Janardhana Rb^y Ponaka, Advocate [OPUC] 7. One CC to Smt V. Sireesha Rani, SC for Municipalities [OPUC] 8. Two CCs to GP for Municipak^dministration & Urban Development, High Court of Andhra Pradesh. [OUT] ,-n 9. Two CCs to GP for Reveni^; High Court of Andhra Pradesh. [OUT] 10. Two CD Copies ^ RAM HIGH COURT DATED:04/02/2025 ORDER g 15 MAR 2025 | Current Section WP.No.1776 of 2025 DISPOSING OF THE WP WITHOUT COSTS