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2025 DAILYLAW 46616 (AP)

APPIREDDYGARI ASWARTHA REDDY v. THE STATE OF ANDHRA PRADESH

WP/11257/2025 · 2025-05-04

Venkateswarlu Nimmagadda

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Judgment text

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I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAT®"^" (Special Original Jurisdiction) MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11257 OF 2025 3 ! Ti •V. 5^ > a. zc f/ i I fS!' t o! o/j i'w’ysrilf??'' „ \ Between: 1. Appireddygari Aswartha Reddy, S/o Subbi Reddy,Aged about 41 R/o 1-3, CMR colony, Kondapuram, Kondapuram Mandal,YSR Kadapa District Andhra Pradesh! ' years j A 2. Appireddygari Subbi Reddy, Sld Narayana Reddy, Aged about 74 years R/o 1-3, CMR colony, Kondapuram, Kondapuram Mandal,YSR Kadapa District, Andhra Pradesh. ...Petitioners AND 1. The State Of Andhra Pradesh,* Rep by its principal Secretary, Land Acquisition Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh. / 2. The District Collector, YSR District, Kadapa, Andhra Pradesh. 3. The Joint Collector cum Project Administrator, Gandikota Reservoir Project, Y.S.R District, Kadap^,'Andhra Pradesh 4. The Commissioner, Resettlement and Rehabilitation Water Resource Department, Vijayawada, Andhra Pradesh. 5. State of Andhra Pradesh, Rep by its principal Secretary, Water Resource Department, Secretailat, Velagapudi, Guntur District, Andhra Pradesh. ^ 6. State of Andhra Pradesh, Rep by its Principal Secretary, Finance department. Secretariat, Velagapudi Guntur District, Andhra Pradesh. ...Respondents 1 226 of the Constitution of India is filed praying Petition under Article that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ or order or direction particularly a writ in the nature of a Writ of Mandamus declaring the more inaction of the respondent No. 2 And 3 in payment of sanctioned compensation, net due amount of 10,00,000/- (Rupees Ten Lakh Only) per which the Petitioners (SES No. RK 1316) are duly entitled as individual, to per G.O.RT.No.312, dated 06.07.2023, Water Resource Department as unjust and contrary to the provisions of Resettlement and 2005 and further violative of Art. 14, Art.21 and illegal, arbitrary. Rehabilitation Policy Art.300A of the Constitution respondents to pay along with interest @24% annum of India and consequently to direct the the aforementioned due amount to the Petitioners from the date of acquisition to the date of actual payment. lA NO: 1 OF 2025 that in the Petition under Section 151 CPC is filed praying circumstances stated in the affidavit filed in support of the petition, the be pleased to direct Respondent 2 and 3 herein to of the amount of 10,00,000/- (Rupees Ten High Court may complete the payment process Lakh Only) per individual, payable to Petitioners within two weeks. ; SRI. JAWAJI SARATH CHANDRA Counsel for the Petitioners Counsel for the Respondents ; GP FOR LAND ACQUISITION GP FOR IRRIGATION GP FOR FINANCE & PLANNING The Court made the following: / 1 NV,J WP No.11257 of 2025 APHC010214622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11257/2025 Between: Appireddygari Aswartha Reddy and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.JAWAJI SARATH CHANDRA Counsel for the Respondent(S): 1.GP FOR LAND ACQUISITION 2.GP FOR IRRI AND CAD 3.GP FOR FINANCE PLANNING The Court made the following: 2 NV,J WP No.ll257of 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION N0.11257 of 2025 ORDER: Heard respective counsel appearing for the petitioners and learned 1. Government Pleader for Land Acquisition. Perused the material available on record. 2. This writ petition is filed declaring the inaction of the respondents in payment of compensation (net due amount), to which the petitioners are iegiiimateiy eniitied as per G.O.RT.No.312 Water Resources (R&R-A2) Department dated 06.07.2023, as illegal, arbitrary and contrary to the provisions of Resettlement and Rehabilitation Policy, 2005 and consequently direct the respondents to pay the amount due to the petitioners along with interest @ 24% per annum. 3. It is the contention of the petitioners that even though the respondents admitted that the petitioners are entitled for payment of the amount, no payment is being made. The petitioners contends that such non-payment of 1 money is clearly arbitrary and high-handed requiring the interference of this Court. 4. On behalf of the respondents, the Special Deputy Collector, for Joint Collector & Project Administrator, YSR District filed written instructions dated 3 NV,J WPNo.ll257of2025 ^ pending with them. It is further are not presented and payments would be made to the 03.05.2025, admitting that the bills submitted that, due to lack when the budget release petitioners. are of funds, the bills order is received, as and 5. In view of the aforesaid directions after hearing the submissions Government Pleader for Land Acquisition a direction to the (Rupees Ten Lakhs only) each, 6% per annum, in view of the i Court in Writ Appeal No.724 of this Court in various cases and of learned counsel for the petitioners, learned , this Writ Petition is disposed of with respondents to release an amount of Rs.10,00,000/- to the petitioners, along with the interest @ Bench of this 12.10.2023, within a judgment of the Hon’ble Division of 2021 and batch dated the date of receipt of petitioners to agitate their claim period of eight (08) weeks from would also be open to the interest and due forum. There shall be a copy of this order. It for higher rate of amount, if any, payable by the respondents, in an appropriate no order as to costs. 6- Consequently, miscellaneous applications pending if any, shall also stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT^pSTRAR SECTION OFFICER 1- The principal Secretary, Land Acquisition Department, State of Andhra Pradesh, Secretariat, Velaigapudi, Guntur District 2. The District Collector, YSR District, Kadapa, Andhra //TRUE COPY// To, Andhra Pradesh. Pradesh. 3. The Joint Collector cum Project Administrator, Gandikota Reservoir Project, Y.S.R District, Kadapa, Andhra Pradesh 4. The Commissioner, Resettlement and Rehabilitation Water Resource Department, Vijayawada, Andhra Pradesh. 5. The principal Secretary, State of Andhra Pradesh, Water Resource Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh. 6. The Principal Secretary, Finance department. State of Andhra Pradesh, Secretariat, Velagapudi Guntur District, Andhra Pradesh. 7. One CC to SRI JAWAJI SARATH CHANDRA Advocate [OPUC] 8. Two CCs to GP FOR LAND ACQUISITION, High Court of Andhra Pradesh [OUT] : 9. Two CCs to GP FOR IRRIGATION, High Court of Andhra Pradesh [OUT] 10. Two CCs to GP FOR FINANCE & PLANNING, High Court of Andhra Pradesh [OUT] > j 11. Three CD Copies KSR (gsg) » ' - HIGH COURT DATED:05/05/2025 ORDER WP.No.11257 of 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS