Extracted from the PDF above. The PDF is authoritative.
% S ■ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE - i;'/- '\P PRESENT hbv^ THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDi^ WRIT PETITION NO: 11416 OF 2025 Between: Talla Prodduturu Mariyamma, W/o Yesob, Aged about 41 years, R/o 1/306 B, Tataiah Gutta, Kondapuram Y.S.R.Kadapa District, Andhra Pradesh- 516444 ...PETITIONER.--- AND
1. 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, Kadapa, 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, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
4
6. State of Andhra Pradesh, Rep by its Principal Secretary, Finance department. Secretariat, Velagapudi, Guntur District, Andhra Pradesh. ...RESPONDENTS- Petition under Article 22^ of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue particularly a writ in the nature of may an appropriate writ or
order or direction more a Writ of Mandamus declaring the inaction of the respondent No. 2 & 3 in payment of sanctioned compensation, net due amount of 10,00,000/- (Rupees Ten Lakh Only), to which the Petitioner (SES No. RK 998) are duly entitled G.O.RT.No.312, dated 06.07.2023, Water Resource Department as illegal, arbitrary, unjust and contrary to the provisions of Resettlement and Rehabilitation Policy 2005 and further violative of Art.300A of the Constitution of India and respondents to pay the aforementioned due amount to the Petitioner along with interest @24 per annum from the date of acquisition to the date actual payment..-' as per Art.14, Art.21 and consequently to direct the of IA NO: 1 OF 2Q2fi / 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 Respondent 2 and 3 herein to complete the process of the amount of 10,00,000/- (Rupees Ten Lakh Only), payable to Petitioner within two weeks.^^ Counsel for the Petitioner:SRI. AVULA AKASH J payment
r ■ Counsel for the Respondents: GP FOR LAND ACQUISITION^ Counsel for the Respondents: GP FOR IRRIGATION AND CAD-^ Counsel for the Respondents: GP FOR FINANCE AND PLANNING The Court made the following Order:
r 1 J^JVJ WP No.11416 of 2025 APHC010197652025 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: 11416/2025 Between: Talla Prodduturu Mariyamma ...PETITIONER AND The State Of Ap and Others Counsel for the Petitioner: ...RESPONDENT(S) 1.AVULA AKASH Counsel for the Respondent{S):
1.GP FOR LAND ACQUISITION 2.GP FOR IRRI ANDCAD 3.GP FOR FINANCE PLANNING The Court made the following:
2 NV,J WP No.11416 of 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION N0.11416of 2025
ORDER:
1. Heard respective counsel appearing for the petitioner and learned Government Pleader for Land Acquisition. Perused the material available on record. This writ petition is filed declaring the inaction of the respondents in
2. payment of compensation (net due amount), to which the petitioner is legitimately entitled 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 petitioner along with interest @ 24% per annum. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of the amount, no payment is being made. The petitioner contends that such non-payment of money is clearly arbitrary and high-handed requiring the interference of this Court. 3. On behalf of the respondents, the Special Deputy Collector, for Joint Collector & Project Administrator, YSR District filed written instructions dated 02.05.2025, admitting that the bills are pending with them. It is further
4. 3 fiV,} WP No.11416 of 2025 submitted that, due to lack of funds, the bills are not presented and as and when the budget release order is received, payments would be made to the petitioner. In view of the aforesaid directions of this Court in various cases and after hearing the submissions of learned counsel for the petitioner, learned Government Pleader for Land Acquisition, this Writ Petition is disposed of with a direction to the respondents to release an amount of Rs. 10,00,000/- (Rupees Ten Lakhs only) to the petitioner, along with the interest @ 6% annum, in view of the judgment of the Hon’ble Division Bench of this Court in Writ Appeal No.724 of 2021 and batch dated 12.10.2023, within a period of eight (08) weeks from the date of receipt of a copy of this order. It would also be open to the petitioner to agitate her claim for higher rate of interest and due amount, if any, payable by the respondents, in an appropriate forum. There shall be no order as to costs. Consequently, miscellaneous applications pending if any, shall also stand closed. 5. per
6. Sd/- M RAMESH BABU DEPUTY REpiSTRAR //TRUE COPY// SECTIO To, FFICER
1. The 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 Administrate, 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, Water Resource Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh. 6. The Principal Secretary, Finance department. Secretariat, Velagapudi, Guntur District, Andhra Pradesh. 7. One CC to Sri. Avula Akash, Advocate [OPUC]
8. Two CCs to GP for Land Acquisition ,High Court Of Andhra Pradesh. [OUT]
9. Two CCs to GP for Irrigation and CAD, High Court of Andhra^,- Pradesh.[OUT]
10. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh.[OUT]
11. Three CD Copies vna
\ HIGH COURT DATED:05/05/2025
ORDER WP.No.11416 of 2025 s( 2 9 SEP 2025 ^’vif^irrent S«cti$^ *y CT Cr.t DISPOSING OF THE WRIT PETITION WITHOUT COSTS