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2025 DAILYLAW 45566 (AP)

Nagam Yella Reddy v. State of Andhra Pradesh

WP/30021/2022 · 2025-09-21

B Krishna Mohan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010462192022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 30021/2022 Between: 1. NAGAM YELLA REDDY, S/O SUBBA REDDY, AGED ABOUT 58 YEARS. R/O 36/210-1, SRI LAKSHMI NAGAR, CHINNA CHOUK, KADAPA 2. NAGAM RAMACHANDRA REDDY, S/O SUBBA REDDY, AGED ABOUT 60 YEARS. R/O KADAPA KADAPA DISTRICT. 3. NAGAM RAMACHANDRA REDDY, S/O YELLA REDDY. AGED ABOUT 62 YEARS, R/O KADAPA KADAPA DISTRICT. 4. MACHUNURU SUBBA REDDY, S/O SUBBA REDDY, AGED ABOUT 70 YEARS, R/O KADAPA KADAPA DISTRICT. 5. NAGAM NARAYANAMRNA,, W/O SUBBA REDDY. AGED ABOUT 58 YEARS, R/O KADAPA KADAPA DISTRICT. 6. NAGAM LAKSHUMMA,, W/O SUBBA REDDY, AGED ABOUT 72 YEARS, R/O KADAPA KADAPA DISTRICT. 7. MUMMADI PEDDA GANGI REDDY,, S/O VENKATA SUBBAIAH, AGED ABOUT 72 YEARS, R/O ATLUR VILLAGE AND MANDAL, KADAPA DISTRICT. 8. MUMMADI VENKATA SUBBA REDDY,, S/O SUBBA REDDY, AGED ABOUT 65 YEARS, R/O ATLUR VILLAGE AND MANDAL. KADAPA DISTRICT 9. MUMMADI NAGI REDDY,, S/O SUBBA REDDY, AGED ABOUT 70 YEARS. R/O BADWEL VILLAGE AND MANDAL, KADAPA 2 DISTRICT. 10. MUMMADI RAMANA REDDY, S/O PEDDA SUBBA REDDY, AGED ABOUT 65 YEARS, R/O KADAPA KADAPA DISTRICT. 11. DANDA RAMI REDDY,, S/O GANGI REDDY, AGED ABOUT 72 YEARS, R/O BADWEL VILLAGE AND MANDAL, KADAPA DISTRICT. 12. DANMDA GANGI REDDY,, S/O GANGI REDDY. AGED ABOUT 70 YEARS, R/O ATLUR VILLAGE AND MANDAL, KADAPA DISTRICT. 13. THULASI NARAYANA, S/O RAMAIAH, AGED ABOUT 62 YEARS, R/O BADWEL VILLAGE AND MANDAL, KADAPA DISTRICT. 14. THULASI TIRUPALAIAH, S/O PEDDA AADEIAH, AGED ABOUT 60 YEARS, R/O BADWEL VILLAGE AND MANDAL, KADAPA DISTRICT. 15. PATHAM KHADAR MOTHEEN, S/O HUSSAIN, AGED ABOUT 72 YEARS, R/O KADAPA KADAPA DISTRICT. 16. NAGAM CHINNA YELLA REDDY, S/O SUBBA REDDY, AGED ABOUT 55 YEARS, R/O KADAPA KADAPA DISTRICT. 17. NAGAM YELLA REDDY, S/O YELLA REDDY, AGED ABOUT 65 YEARS, R/O KADAPA KADAPA DISTRICT. 18. MATHANGI NAGAIAH, S/O NAGAMUNEIAH. AGED ABOUT 80 YEARS, R/O BADWEL VILLAGE AND MANDAL, KADAPA DISTRICT. 19. MATHANGI YEILAIAH, S/O NAGAMUNEIAH, AGED ABOUT 78 YEARS. R/O BADWEL VILLAGE AND MANDAL, KADAPA DISTRICT. 20. MATHANGI SUBBAIAH, S/O NAGAMUNEIAH. AGED ABOUT 60 YEARS, R/O KADAPA KADAPA DISTRICT. 21. KOTLA CHENNAIAH, S/O CHENNAIAH, AGED ABOUT 75 YEARS, R/O BADWEL VILLAGE AND MANDAL, KADAPA DISTRICT. 3 22. GONTU YELLAIAH, S/O YELLAIAH, AGED ABOUT 72 YEARS, R/O BADWEL VILLAGE AND MANDAL, KADAPA DISTRICT. 23. GOGULA VENKATESU, S/O VENKATESU, AGED ABOUT 80 YEARS, R/O ATLUR VILLAGE AND MANDAL, KADAPA DISTRICT. 24. GONTU SANTEYYA, S/O YELLAIAH. AGED ABOUT 75 YEARS, R/O ATLUR VILLAGE AND MANDAL. KADAPA DISTRICT. 25. GONTU YELLAIAH, S/O YELLAIAH, AGED ABOUT 63 YEARS. R/O ATLUR VILLAGE AND MANDAL, KADAPA DISTRICT. 26. KONETI LAKSHUMMA,, W/O VENKATAIAH, AGED ABOUT 65 YEARS, R/O ATLUR VILLAGE AND MANDAL, KADAPA DISTRICT. 27. MURARISETTI VENKATESWARLU,, S/O PULLAIAH, AGED ABOUT 72 YEARS. R/O BADWEL VILLAGE AND MANDAL, KADAPA DISTRICT. 28. NAGAM RAMACHANDRA REDDY,, S/O CHINNA YELLA REDDY, AGED ABOUT 75 YEARS, R/O BADWEL VILLAGE AND MANDAL, KADAPA DISTRICT. 29. UPPATURU YELLAIAH,, S/O YELLAIAH, AGED ABOUT 40 YEARS, R/O BADWEL VILLAGE AND MANDAL, KADAPA DISTRICT. 30. UPPATURU VENKATA SWAMY,, S/O YELLAPPA, AGED ABOUT 70 YEARS, R/O BADWEL VILLAGE AND MANDAL, KADAPA DISTRICT. 31. POLLATHOTI PENCHALAIAH,, S/O SUBBAIAH, AGED ABOUT 75 YEARS, R/O BADWEL VILLAGE AND MANDAL, KADAPA DISTRICT. 32. NAGAM ABBI REDDY,, S/O PITCHI REDDY, AGED ABOUT 80 YEARS, R/O BADWEL VILLAGE AND MANDAL, KADAPA DISTRICT. 33. DHULLA VENKATA SUBBAIAH,, 3S/O SUBBAIAH, AGED ABOUT 60 YEARS, R/O KADAPA KADAPA DISTRICT. 4 34. MACHUPALLE YELLAIAH,, S/0 YELLAIAH, AGED ABOUT 78 YEARS, R/O BADWEL VILLAGE AND MANDAL, KADAPA DISTRICT. 35. MACHUPALLE GANGAIAH,, S/O YELLAIAH, AGED ABOUT 55 YEARS, R/O ATLUR VILLAGE AND MANDAL. KADAPA DISTRICT 36. MACHUPALLE SRINIVASULU,, S/O YELLAIAH, AGED ABOUT 52 YEARS, R/O ATLUR VILLAGE AND MANDAL, KADAPA DISTRICT. 37. MADDIKA SUBBA REDDY,, S/O SUBBA REDDY, AGED ABOUT 53 YEARS, R/O KADAPA KADAPA DISTRICT. 38. MACHUNURU LAKSHUMMA,, W/O SUBBA REDDY. AGED ABOUT 65 YEARS, R/O KADAPA KADAPA DISTRICT. 39. KOGATAM PENCHALAIAH., S/O NARASIMHULU, AGED ABOUT 75 YEARS. R/O KADAPA KADAPA DISTRICT. 40. KOGATAM NARASIMHULU,, S/O NARASIMHULU, AGED ABOUT 60 YEARS. R/O KADAPA KADAPA DISTRICT. 41. PATHAN KHADAR VALLI, S/O PEERAN KHAN, AGED ABOUT 75 YEARS, R/O KADAPA KADAPA DISTRICT. 42. PATURU CHENNAMMA, W/O GANGI REDDY, AGED ABOUT 70 YEARS, R/O KADAPA KADAPA DISTRICT. 43. PATURU VEERANARAYANA REDDY, S/O GANGI REDDY, AGED ABOUT 50 YEARS. R/O KADAPA KADAPA DISTRICT. 44. NAGAM SUBBAMMA, W/O ABBI REDDY, AGED ABOUT 75 YEARS, R/O KADAPA KADAPA DISTRICT. 45. MACHA YELLAIAH, S/O YELLAIAH, AGED ABOUT 50 YEARS, RIO KADAPA KADAPA DISTRICT. 46. NAGAM PUTTA REDDY, S/O SUBBA REDDY, AGED ABOUT 70 YEARS. R/O KADAPA KADAPA DISTRICT. 47. NAGAM PEDDA YELLA REDDY, S/O SUBBA REDDY. AGED ABOUT 48 YEARS, R/O KADAPA KADAPA DISTRICT. 5 48. MACHA RAMULAMMA, W/O PITCHAIAH, AGED ABOUT 55 YEARS, R/O KADAPA KADAPA DISTRICT. 49. PADUM SANTEIAH, S/O SUBBAIAH, AGED ABOUT 80 YEARS. R/O KADAPA KADAPA DISTRICT. 50. BOMMISETTI SESHAIAH, S/O SUBBAIAH, AGED ABOUT 75 YEARS, R/O KADAPA KADAPA DISTRICT. 51. NAGAM NADIPIYELLA REDDY, S/O YELLA REDDY, AGED ABOUT 60 YEARS, R/O KADAPA KADAPA DISTRICT. 52. KASALA SUBBALAKSHUMMA, W/O NARASAIAH, AGED ABOUT 60 YEARS. R/O ATLUR VILLAGE AND MANDAL, KADAPA DISTRICT. 53. POOLATHOTI SUBBAMMA, W/O PENCHALAIAH, AGED ABOUT 65 YEARS, R/O ATLUR VILLAGE AND MANDAL, KADAPA DISTRICT. 54. MUNAGANI PAPAIAH, S/O VENKATA SWAMY, AGED ABOUT 75 YEARS, R/C BADWEL VILLAGE AND MANDAL, KADAPA DISTRICT. ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, REP., BY THE PRINCIPAL SECRETARY. LANDCAD, SECRETARIAT. AMARAVATI, VELAGAPUDI, GUNTUR DISTRICT. 2. THE SPECIAL COLLECTOR, GNSS PROJECT, KADAPA. 3. THE SPECIAL DEPUTY COLLECTORCUMLAO, TGP UNIT-II. KADAPA ...RESPONDENT(S): 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 topleased to issue an order or direction or writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in not paying compensation to the lands of the petitioners in an extent of Ac.238.17 cents in Sy. Nos. 532. 533, 534 6 and 519 of Chenduvoi village, Attlur mandal, Kadapa District and the trees existed therein, submerged under foreshore submersion under Somasila project, as highly arbitrary, illegal. null and void apart from Article 300-A of Constitution of India and contrary to the law laid down by this Hon'ble Court in Mekala Pandu's case and consequently to direct the respondent authorities to pay compensation to the petitioners to their lands and trees therein and to pass IA NO: 1 OF 2022 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 pleased to direct the respondent authorities to pay compensation to the petitioners to their lands admeasuring total extent of Ac.238.17 cents in Sy. Nos. 532, 533. 534 and 519 of Chenduvoi village. Attlur mandal, Kadapa District and the trees therein, pending disposal of the above writ petition, pending disposal of the above writ petition and to pass IA 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 pleased to grant leave to file rejoinder the above writ petition W.P.No.30021 of 2022 and to pass Counsel for the Petitioner(S): 1. BALAJI MEDAMALLI Counsel for the Respondent(S): 1. GP FOR LAND ACQUISITION 7 The Court made the following Order: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for the respondents. 2. This writ petition was filed questioning the action of the respondent authorities in not paying compensation to the lands of the petitioners in an extent of Ac.238.17 cents in Sy.Nos.532, 533, 534 & 519 of Chenduvoi Village, Attlur Mandal, Kadapa District and the trees existed therein, submerged under foreshore submersion under Somasila Project. 3. On the other hand, the learned Assistant Government Pleader relying upon the counter of the 3rd respondent submits that the land in Sy.No.519 was classified as Hill poramboke as per the RSR of Chenduvoi village of Atlur Mandal. The ancestors of the petitioners were just raising crops over the government poramboke lands but they do not have any relevant records to prove their ownership over the subject lands i.e., DKT patta, pattadar passbooks, online adanagal, 1B etc. The revenue officials entered the crop details, water source etc., along with pattadar/enjoyer details in survey number wise for every fasli year but those entries in adangals cannot prove the title over subject lands. As per RSR of Chenduvoi Village, the Sy.No.519 is classified as hill with an extent of Ac.232.73 cents. After 30 years of the period of submersion of lands in Chenduvoi Village, the petitioners filed the instant writ petition 8 for payment of compensation. But there was no requisition in respect of submersion of subject lands. This writ petition is filed for undue gain. 4. However, the Assistant Government Pleader did not dispute with regard to the pendency of the representations before the authorities concerned which were made by the petitioners on 12.09.2012, 15.07.2014, 04.09.2018 and finally a legal notice on 03.04.2019 to the respondent authorities seeking for payment of compensation. 5. In view of the above said facts and circumstances, the petitioners are directed to make fresh representation to the respondent Nos.2 & 3 enclosing all the necessary documents in support of their claim for payment of compensation if any within a period of four (4) weeks from the date of receipt of this order. On receipt of the same, the respondent Nos.2 & 3 are directed to consider and dispose of the said representation of the petitioners strictly in accordance with law, by hearing all the parties concerned including the petitioners giving due opportunity of hearing and upon verification of the records, appropriate decision shall be taken on its own merits as expeditiously as possible, preferably within a period of three (3) months thereafter. 6. Accordingly, the writ petition is disposed of. Interim order if any, deemed to have been vacated. There shall be no order as to costs. 9 As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 22.09.2025 NNN