APHC010182112023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 9307/2023 Between: 1. GUDIMETLA SATHI REDDY,, S/O RAMI REDDY, AGED ABOUT 56 YEARS, HINDU, CULTIVATION, R/O CHINNABHIMPALLI VILLAGE, DEVIPATNAM MANDAL, ALLURI SEETHARAMARAJU DISTRICT. 2. GUDIMETLA RAMI REDDY,, S/O SAMBA REDDY, AGED ABOUT 75 YEARS, HINDU, CULTIVATION, R/O CHINNABHIMPALLI VILLAGE, DEVIPATNAM MANDAL, ALLURI SEETHARAMARAJU DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, IRRIGATION AND COMMAND AREA DEVELOPMENT DEPARTMENT, (PRESENTLY WATER RESOURCES DEPARTMENT) SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE SPECIAL DEPUTY COLLECTOR LAND ACQUISITION, MUSURUMILLI RESORVOIR PROJECT, RAMPACHODAVARAM MANDAL, ALLURI SEETHARAMARAJU DISTRICT. (FORMERLY EAST GODAVARI DISTRICT) 3. THE DISTRICT COLLECTOR, ALLURI SEETHARAMARAJU DISTRICT AT PADERU. (FORMERLY EAST GODAVARI DISTRICT) 4. THE SPECIAL DEPUTY COLLECTOR, LAND ACQUISITION, POLAVARAM IRRIGATION PROJECT, LEFT MAIN CANAL, UNIT - 1, 2 RAJAHMAHENDRAVARAM, EAST-GODAVARI DISTRICT. 5. THE TAHSILDAR, DEVIPATNAM MANDAL, ALLURI SEETHARAMARAJU DISTRICT. (FORMERLY EAST GODAVARI DISTRICT) ...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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents in not initiating land acquisition proceedings nor paying compensation. Rehabilitation and Resettlement benefits to the petitioners in spite of utilization of their lands of an extent of Ac. 2.33 Cents covered by S.No. 142 of Indukuru Revenue Village of Devipatnam Mandal in Alluri Seetharamaraju District belonging to the 1st petitioner and another extent of Ac. 1.52 Cents covered by S.No. 142 of Indukuru Revenue Village of Devipatnam Mandal in Alluri Seetharamaraju District, for the purpose of Musurumilli Canal under Polavaram Irrigation Project, as illegal, irregular, arbitrary, violative of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition. Rehabilitation and Resettlement Act, 2013 and rules framed there under and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents to pay compensation, rehabilitation and resettlement benefits to the petitioners for the said utilized lands and pass IA NO: 1 OF 2023 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 respondents to initiate necessary action for initiating. land acquisition proceedings and payment of compensation. rehabilitation and resettlement benefits Lo the petitioners for their utilized land of Ac. 2.33 Cents and 1.42 Cents covered by S.No.142 of Induukru Revenue Village of Devipatnam Mandal in Alluri Seetharamaraju District, basing on the enquiry report dated 13.12.2022 issued by the 5th respondent, pending disposal of the main Writ Petition and pass IA NO: 2 OF 2023 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 3 Pleased to receive the reply copies on record by allowing the leave petition in the above writ petition and pas 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 may be pleased to permit the petitioner to file hereto annexed documents as additional document in WP No. 9307 of 2023 in the interest of justice and pass Counsel for the Petitioner(S): 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR LAND ACQUISITION 3. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 4 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.9307 OF 2023 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents in not initiating land acquisition proceedings nor paying compensation, Rehabilitation and Resettlement benefits to the petitioners in spite of utilization of their lands of an extent of Ac.2.33 Cents covered by S.No.142 of Indukuru Revenue Village of Devipatnam Mandal in Alluri Seetharamaraju District belonging to the 1st petitioner and another extent of Ac.1.52 cents covered by S.No.142 of Indukuru Revenue Village of Devipatnam Mandal in Alluri Seetharamaraju District, for the purpose of Musurumilli Canal under Polavaram Irrigation Project, as illegal, irregular, arbitrary, violative of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and rules framed there under and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents to pay compensation, rehabilitation and resettlement benefits to the petitioners for the said utilized lands and pass such other order or orders…” 2. The grievance of the petitioners is that respondents have utilized the petitioners land for the purpose of Musurumilli Canal under Polavaram Irrigation Project. Though the respondents have utilized the land, they have neither initiated land acquisition proceedings nor paid compensation for the land admeasuring Ac.2.33 Cents covered by Sy.No.142 and another extent of Ac.1.52 cents covered by Sy.No.142 of Indukuru Revenue Village, 5 Devipatnam Mandal, Alluri Seetharamaraju District. Aggrieved by the same, present writ petition has been filed. 3. Heard learned counsel for petitioners as well as learned counsel for respondents. 4. Learned counsel for respondent No.4 filed counter-affidavit and in paragraph No.12, it is asserted that the proposals have been submitted to the Government for sanction of budget towards payment of compensation to the petitioners, and that the petitioners will be paid after allocation of the budget from the Government under the Head of Account 4700-03-240-11-530-532VN. 5. On perusal of the material available on record, it appears that respondents have not disputed the acquisition of petitioners’ land or payment of compensation. 6. Therefore, the present Writ Petition is disposed of, directing the respondent authorities to pay the compensation to the petitioners, as expeditiously as possible, in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 03.12.2025 KBN 6 41 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.9307 of 2023 Date: 03.12.2025 KBN