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2025 DAILYLAW 46425 (AP)

B SURESH KUMAR REDDY v. THE STATE OF ANDHRA PRADESH

WP/10932/2025 · 2025-05-05

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE SIXTH DAY OF MAY v" TWO THOUSAND AND TWENTY FIVE v/ PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10932 OF 2025 . Between: V- 1. B SURESH KUMAR REDDY, S/o.Srinivasula Reddy, aged about 57 years, R/o. Viruvuru village, Podalakuru Mandal, SPSR Nellore District. 2. V.Ravamma,, W/o. Sesaiah, aged about 75 years, R/o. Viruvuru village, Podalakuru Mandal, SPSR Nellore District. 3. N.Srinivasulu,, S/o. Penchalaiah, aged about 65 years, R/o. Viruvuru village, Podalakuru Mandal, SPSR Nellore District. 4. B.Sunredha,, W/o. Suresh Kumar Reddy, aged about 48 years, R/o Viruvuru village, Podalakuru Mandal, SPSR Nellore District. 5. N.C.Pench^iah S/o Late Penchalaiah, aged about 76 years, R/o D.No.23/465, Pusalavari street, Fathakhanpeta, SPSR Nellore District. ^ y j 6. Ch.Nirmala @Gerervani kumari,, W/o. Ramachandrareddy, aged about 53 years, R/o. Viruvuru village, Podalakuru Mandal, SPSR Nellore District. 7. Ch.Penchala Reddy,, S/o Vijay Narasimha Reddy, aged about 48 years, R/oViruvuru village, Podalakuru Mandal, SPSR Nellore District'r^ ...PETITIONER(S) AND .,4;^ THE STATE OF ANDHRA PRADESH, Rep by its Principal Secretary, ^. Revenue Detfirlment, Secretariat Buildings, Velagapudi, Amaravathi, Giintur District. ^ « 2. The District Collector,, Nellore, SI^R Nellore District. 3. The Revenue Divisional officer and Land Acquisition Officer,, Nellore, SPSR Nellore District, " 4. The Tahsildar,, Podalakur Man^dal, Podalakur, SPSR Nellore District. 5. The Executive Engineer,, Public l^lth. Special Division SPSR Nellore District. V. Nellore ...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, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in not passing the award in respect of the land to an extent of Ac. 1.45 cts covered by Sy.No.30 to 38 of Viruvuru village, Podalakuru Mandal, SPSR Nellore District and not paying the compensation amount to the petitioners as illegal, arbitrary and in violation of Article 300A of Constitution of India and consequently direct the respondents pass award and pay the compensation as per the provisions of Act 30 of 2013 to the petitioners in respect of the land to an extent of Ac.1.45 cts covered by Sy.No.30 to 38 of Viruvuru village, Podalakuru Mandal, SPSR Nellore District.' 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 rrespondent to pass award in respect of the land to an extent of Ac.1.45 cts covered by Sy.No.30 to 38 of Viruvuru village, Podalakuru Mandal, SPSR Nellore District pending disposal of the above writ petition. : SRI P GANGA RAMI REDDY Counsel for the Petitioner Counsel for the Respondents : GP FOR REVENUE (R1 TO R4) Counsel for the Respondents : GP FOR MEDICAL & HEALTH (R5) The Court made the following ORDER : V- " APHC010212282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ss5 [3329] TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10932/20?/^ Between: B Surest! Kumar Reddy and Others ...PETITIONER{S) AND The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.P GANGA RAMI REDDY Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: ...RESPONDENT(S) THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10932/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- to issue a writ, order or direction more particularly in the nature of Writ of Mandamus declaring the action of the 3'"^ respondent in not passing the award in respect of the land to an extent of Ac.1.45 cents covered by Sy.No.30 to 38 of VIruvuru Village, Podalakuru Mandal, SPSR Nellore District and not paying the compensation amount to the petitioners as illegal, arbitrary and in violation of Article 300- A of Constitution of India and conseguently direct the respondents to pass award and pay the compensation per the provisions of Act 30 of 2013 to the petitioners respect of the land to an extent of Ac. 1.45 cents covered by Sy.No.30 to 38 of Viruvuru Village, Podalakuru Mandal, SPSR Nellore District and pass such other order. ” one as in 2. Though the petitioners made several allegations against the respondents, during hearing, learned counsel for the petitioners requested this Court, to issue a direction to the respondents dispose of the representation dated 18.06.2024 filed petitioners. to by the 3. Learned Assistant Government Pleader for the respondents furnished written instructions issued by the 3 25.04.2025, wherein it is stated as follows: respondent dated “The then LAO & RDO, Nellore Initiated LA proceedings under Act 30 of 2013 and preliminary notifications and 3 declarations notified In the manner prescribed under the Act. The objections filed by the villagers also rejected vide Rc.B(LA).3369/2017, dated 23.11.2022, market value also fixed duly following procedure under Section 26(1)(a)(b)(c)(2) of Act 30 of 2013. Award enquiry also conducted. " 4. In view of the written instructions furnished by the learned Assistant Government Pleader for Revenue, this Court need not decide the truth or otherwise of the allegations made in the petition. This Court is conscious that no such direction be issued, in view of the judgment of the Apex Court in “The Government of India v. P.Venkatesh^”, wherein the Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do not serve to the cause of justice. As the learned counsel for the petitioners himself requested to issue a direction to dispose of the representation dated 18.06.2024, this Court find no other alternative except to issue such direction. 5. In the result, the writ petition is disposed of, directing the respondents to consider and dispose of the representation dated 18.06.2024 filed by the petitioners, within a period of three (3) months from the date of receipt of a copy of this order. There shall be no order as to costs. 2019(8) SCALE 544.^ . 4 Cv As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR f //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Nellore, SPSR Nellore District. 3. The Revenue Divisional officer and Land Acquisition Officer, Nellore, SPSR Nellore District. 4. The Tahsildar, Podalakur Mandal, Podalakur, SPSR Nellore District. 5. The Executive Engineer, Public Health, Special Division, Nellore, SPSR Nellore District. 6. OneCC to SRI. P GANGA RAMI REDDY, Advocate [OPUC] r t 7. Two CCs to GP FOR Revenue ,High Court of Andhra Pradesh. [OUT] 8. Two CCs to GP FOR Medical & Health ,High Court of Andhra Pradesh. [OUT] 9. THREE CD COPIES TAC HIGH COURT DATED:06/05/2025 ORDER WP.No.10932 of 2025 ANOfi^ * 2 ) MAY 2025 Current bectton . ^ NJs2^spatch^^ % % DISPOSING THE WP WITHOUT COSTS