THE SPL DY COLLECTOR-CUM-L.A.O., KURNOOL DIST v. DUDEKULA NADIPI MOULALI, KURNOOL DIST
LAAS/281/2015 · 2025-07-30
Ninala Jayasurya, Tarlada Rajasekhar Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 47816 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 47816 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE NINALA JAYASURYA AND HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT NOS: 200. 204, 213, 206. 242 AND 281 OF 2015 LAAS NO: 200 OF 2015: APHC010344482015
"X Appeal under Section 54 of the Land Acquisition Act, 1894 against the Common Order and Decree, dated 30-08-2014 passed in OP.No.36 of 2012 on the file of the Senior Civil Judge, Allagadda, Kurnool District. Between: The Special Deputy CoHector-cum-Land Acquisition Officer, Telugu Ganga Project, Nandyal, Kurnool District. ...Appellant/Referring Officer AND P.Venkateswara Reddy, S/o.Laxmi Reddy, aged 39 R/o.Gangavaram Village, Sirivella Mandal, Kurnool District. years. ...Respondent/Claimant
.5 lA NO: 2 OF 2015 fLAASMP 837 OF 2015^ 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 stay all further proceedings pursuant to the Decree and Order passed in OP.No.36 of 2012 dated 30-08-2014 on the file of the Senior Civil Judge, Allagadda, Kurnool District. Counsel for Appellant: GP for Appeals Counsel for Respondent: Sri Balia Ravindranath & Ms.K.Savithri Devi LAAS NO: 204 OF 2015: APHC010524352015 Hr- Appeal under Section 54 of the Land Acquisition Act, 1894 against the Common Order and Decree, dated 30-08-2014 passed in OP.No.38 of 2012 on the file of the Senior Civil Judge, Allagadda, Kurnool District. Between: The Special Deputy Cdlector-cum-Land Acquisition Officer, Telugu Ganga Project, Nandyal, Kurnool District. ...Appellant/Referring Officer/Respondent AND G.Peddakka, W/o.G.Chinna Ramaiah, aged 61 years, R/o.Seetharampuram Village, Mahanandi Mandal, Kurnool District. ...Respondent/Claimant/Petitioner
s lA NO: 2 OF 2015 (LAASMP 841 OF 2015) 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 stay all further proceedings pursuant to the Decree and Order passed in OP.No.38 of 2012 dated 30-08-2014 on the file of the Senior Civil Judge, Allagadda, Kurnool District. Counsel for Appellant: GP for Appeals Counsel for Respondent: Sri Balia Ravindranath & Ms.K.Savithri Devi LAAS NO: 213 OF 2015: APHC010276442015 ■I Appeal under Section 54 of the Land Acquisition Act, 1894 against the Common Order and Decree, dated 30-08-2014 passed in OP.No.37 of 2012 on the file of the Senior Civil Judge, Allagadda, Kurnool District.
Between: The Special Deputy Collector-cum-Land Acquisition Officer, Telugu Ganga Project, Nandyal, Kurnool District. ...Appellant/Referring Officer AND C.Veeramma, W/o.Nagi Reddy, aged 69 years, R/o.Gangavaram Village, Sirivella Mandal, Kurnool District. ...Respondent/Claimant
lA NO: 2 OF 2015 (LAASMP 850 OF 2015) 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 stay all further proceedings pursuant to the Decree and Order passed OP.No.37 of 2012 dated 30-08-2014 on the file of the Senior Civil Judge Allagadda, Kurnool District. Counsel for Appellant: GP for Appeals Counsel for Respondent: Sri Balia Ravindranath & Ms.K.Savithrl Devi in LAAS NO: 206 OF 2015: APHC010604592015 Appeal under Section 54 of the Land Acquisition Act, 1894 against the Common Order and Decree, dated 30-08-2014 passed in OP.No.53 of 2012 on the file of the Senior Civil Judge, Allagadda, Kurnool District. Between: The Special Deputy Collector-cum-Land Acquisition Officer, Telugu Ganga Project, Nandyal, Kurnool District. ...Appellant/Referring Officer AND Vangala Laxmi Devi, W/o.Venkatrami Reddy, aged 31 R/o.Seetharamapuram Village, Mahanandi Mandal, Kurnool District. years, ...Respondent/Claimant
5 lA NO: 2 OF 2015 (LAASMP 843 OF 2015) 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 stay all further proceedings pursuant to the Decree and Order passed in OP.No.53 of 2012 dated 30-08-2014 on the file of the Senior Civil Judge, AJIagadda, Kurnool District. Counsel for Appellant: GP for Appeals Counsel for Respondent: Sri Balia Ravindranath & Ms.K.Savithri Devi LAAS NO: 242 OF 2015: APHC010103412015 Appeal under Section 54 of the Land Acquisition Act, 1894 against the Common Order and Decree, dated 30-08-2014 passed in OP.No.86 of 2012 on the file of the Senior Civil Judge, Allagadda, Kurnool District. Between: The Special Deputy Collector-cum-Land Acquisition Officer, Telugu Ganga Project, Nandyal, Kurnool District. ...Appellant/Referring Officer AND P.Chennamma, W/o.Singaraiah, aged 61 years, R/o.Seetharamapuram VHIage, Mahanandi Mandal, Kurnool District.
...Respondent/Claimant
lA NO: 2 OF 2015 (LAASMP 889 OF 2015) 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 stay all further proceedings pursuant to Decree and
Order passed in OP.No.86 of 2012 dated 30-08-2014 on the file of the Senior Civil Judge, Allagadda, Kurnool District. Counsel for Appellant: GP for Appeals Counsel for Respondent: Sri Balia Ravindranath & Ms.K.Savithri Devi LAAS NO: 281 OF 2015: APHC010169542015 0^0 Appeal under Section 54 of the Land Acquisition Act, 1894 against the Common Order and Decree, dated 30-08-2014 passed in OP.No.52 of 2012 on the file of the Senior Civil Judge, Allagadda, Kurnool District. Between: The Special Deputy Collector-cum-Land Acquisition Officer, Telugu Ganga Project, Nandyal, Kurnool District. ...Appellant/Referring Officer AND Dudekula Nadipi Moulali, R/o.Seetharamapuram Village, Mahanandi Mandal, Kurnool District. S/o.Kasim, aged 61 years ...Respondent/Claimant
lA NO: 2 OF 2015 (LAASMP 960 OF 2015) 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 stay all further, proceedings pursuant to Decree and
Order passed in OP.No.52 of 2012 dated 30-08-2014 on the file of the Senior Civil Judge, Allagadda, Kurnool District. Counsel for Appellant: GP for Appeals Counsel for Respondent: Sri Balia Ravindranath & Ms.K.Savithri Devi The Court made the following:
APHC010344482015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3526] .-.h:
THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION FIRST APPEAL No. 200. 204. 213, 206. 242 and 281 of 2015 LAAS No.200 of 2015: BETWEEN: I.The Special Deputy collector-cum-Land Acquisition Officer, Telugu Ganga Project, Nandyal, Kurnool District. ...Appellant AND 1.P Venkateswara Reddy, S/o. Laxmi Reddy, R/o. Gangavaram Village, Sirivella Mandal, Kurnool District. ...Respondent The Appeal is filed to set aside the order and decree of the court below passed in OP No. 36 of 2012, dt: 30-8-2014 and allow the appeal in the interest of Justice. Counsel for the Appellant:
1.GP FOR APPEALS (AP) Counsel for the Respondent:
1.BALLA RAVINDRANATH & SAVITHRI DEVI 2.BALLA RAVINDRANATH SAVITHRI DEVI I he Court made the following:
2 CrOMMON JUDGMENT: {Per Hon’ble Sri Justice Ninala Jayasurya) The present batch of appeals have been filed against the common
order dated 30.08.2014 on the file of the Court of Senior Civil Judge, Magadda, in L.A.O.P. Nos.36, 38. 37. 53, 86 and 52 of 2012. At the time of considering the appeals, learned Government Pleader for Appeals fairly stated that the matters are covered by the decision of this Court in L.A.A.S. No.279 of 2015 and batch dated
13.02.2025. Considering the said submission and for the reasons alike, these appeals are dismissed. There shall be no order as to costs. As a sequel, interlocutory applications pending, if any, in these cases, shatl stand closed. Sd/- S.V.S.R.MURTHY JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Civil Judge (Senior Division), Allagadda, Kurnool District. (With records)
2. Two CCs to GP for Appeals, High Court of Andhra Pradesh at Amaravati. [OUT]
3. One CC to Sri Balia Ravindranath & Ms.K.Savithri Devi, Advocates [OPUC]
4. The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravati
5. Two CD Copies BSV sree (Along with Photocopy of the certified copy of Common Judgment, dated 13.02.2025 passed by the Division Bench of this Court in LAAS No.279 of 2015 and Batch)
HIGH COURT DATED:31/07/2025 COMMON JUDGMENT AND DECREE LAAS NOS. 200, 204, 213, 206, 242 AND 281 OF 2015 0 6 OCT 2025 Jk X V^n-ent Sectionx^"^ DISMISSING THE APPEALS WITHOUT COSTS
APHC010169542015 IN THE HIGH COURT OF ANDHRA PRADESH 0^.0 AT AMARAVATI .0 THURSDAY, THE THIRTY FIRST DAY OF JULY f TWO THOUSAND AND TWENTY FIVE -tVS i' W PRESENT HONOURABLE SRI JUSTICE NINALA JAYASURYA AND HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT NO: 281 OF 2015 Between: The Special Deputy Collector-cum-Land Acquisition Officer, Telugu Ganga Project, Nandyal, Kurnool District. ...Appellant/Referring Officer AND Dudekula Nadipi Moulali, S/o.Kasim, aged 61 years, R/o.Seetharamapuram Village, Mahanandi Mandal, Kurnool District. ...Respondent/Claimant Appeal under Section 54 of the Land Acquisition Act, 1894 against the Common Order and Decree, dated 30-08-2014 passed in OP.No.52 of 2012 on the file of the Senior Civil Judge, Allagadda, Kurnool District. This appeal coming on for hearing and upon perusing the grounds of appeal, the Common Order and Decree of the Trial Court, and material papers in the petition and upon hearing the arguments of Government
Pleader for Appeals and of Sri Balia Ravindranath and Ms.K.Savithri Devi Advocates for Respondent. THIS COURT DOTH ORDER AND DECREE:
1.
That the Appeal be and hereby is dismissed; and That there be no order as to costs in this Appeal. 2. Sd/- S.V.S.R.MURTHY JOINT REGISTRAR //TRUE COPY// SECTIO^FFICER To,
1. The Civil Judge (Senior Division), Allagadda, Kurnool District. Two CD Copies
2. BSV sree
HIGH COURT DATED:31/07/2025 DECREE LAAS NO. 281 OF 2015 S( 0 6 OCT 2025 Co isturrenl Seciia^^^ DISMISSING THE APPEAL WITHOUT COSTS
r APHC010103412015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSANDAND TWENTYFIVE .I PRESENT HONOURABLE SRI JUSTICE NINALA JAYASURYA AND HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT NO: 242 OF 2015 Between: The Special Deputy Collector-cum-Land Acquisition Officer, Telugu Ganga Project, Nandyal, Kurnool District. ...Appellant/Referring Officer AND P.Chennamma, W/o.Singaraiah, aged 61 years, R/o.Seetharamapuram Village, Mahanandi Mandal, Kurnool District. ...Respondent/Claimant Appeal under Section 54 of the Land Acquisition Act, 1894 against the Common Order and Decree, dated 30-08-2014 passed in OP.No.86 of 2012 on the file of the Senior Civil Judge, Allagadda, Kurnool District. This appeal coming on for hearing and upon perusing the grounds of appeal, the Common Order and Decree of the Trial Court, and material papers in the petition and upon hearing the arguments of Government
Pleader for Appeals and of Sri Balia Ravindranath and Ms.K.Savithri Devi, Advocates for Respondent. THIS COURT DOTH ORDER AND DECREE:
1. That the Appeal be and hereby is dismissed; and That there be no order as to costs in this Appeal. 2. Sd/- S.V.S.R.MURTHY JOINT REGISTRAR / //TRUE COPY// SECTIO^FFICER To
1. The Civil Judge (Senior Division), Allagadda, Kurnool District. Two CD Copies
2. BSV sree
HIGH COURT DATED:31/07/2025 DECREE LAAS NO.
242 OF 2015 € g( 0 ( OCT 2025 ^sXurrentSectionx^^ Co DISMISSING THE APPEAL WITHOUT COSTS
APHC010276442015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE NINALA JAYASURYA AND HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT NO: 213 OF 2015 Between: The Special Deputy Collector-cum-Land Acquisition Officer, Telugu Ganga Project, Nandyal, Kurnool District. ...Appellant/Referring Officer AND C.Veeramma, W/o.Nagi Reddy, aged 69 years, R/o. Gangavaram Village, Sirivella Mandal, Kurnool District. ...Respondent/Claimant Appeal under Section 54 of the Land Acquisition Act, 1894 against the Common Order and Decree, dated 30-08-2014 passed in OP.No.37 of 2012 on the file of the Senior Civil Judge, AHagadda, Kurnool District. This appeal coming on for hearing and upon perusing the grounds of appeal, the Common Order and Decree of the Trial Court, and material papers in the petition and upon hearing the arguments of Government
Pleader for Appeals and of Sri Balia Ravindranath and Ms.K.Savithri Devi Advocates for Respondent. THIS COURT DOTH ORDER AND DECREE:
1. That the Appeal be and hereby is dismissed; and
2. That there be no order as to costs in this Appeal. Sd/- S.V.S.R.MURTHY JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Civil Judge (Senior Division), Allagadda, Kurnool District. 2. Two CD Copies BSV sree
HIGH COURT DATED:31/07/2025 DECREE LAAS NO. 213 OF 2015 a 0 6 OCT 2025 K rrentSwti# Co DISMISSING THE APPEAL WITHOUT COSTS
APHC010604592015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE NINALA JAYASURYA AND HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT NO: 206 OF 2015 Between: The Special Deputy Collector-cum-Land Acquisition Officer, Telugu Ganga Project, Nandyal, Kurnool District. ...Appellant/Referring Officer AND Vangala Laxmi Devi, W/o.Venkatrami Reddy, aged 31 years, R/o.Seetharamapuram Village, Mahanandi Mandal, Kurnool District.
...Respondent/Claimant Appeal under Section 54 of the Land Acquisition Act, 1894 against the Common Order and Decree, dated 30-08-2014 passed in OP.No.53 of 2012 on the file of the Senior Civil Judge, Allagadda, Kurnool District. This appeal coming on for hearing and upon perusing the grounds of appeal, the Common Order and Decree of the Trial Court, and material papers in the petition and upon hearing the arguments of Government
Pleader for Appeals and of Sri Balia Ravindranath and Ms.K.Savithri Devi, Advocates for Respondent. THIS COURT DOTH ORDER AND DECREE:
1. That the Appeal be and hereby is dismissed; and That there be no order as to costs in this Appeal. 2. Sd/- S.V.S.R.MURTHY JOINT RE^TRAR //TRUE COPY// SECTIO^FFICER To,
1. The Civil Judge (Senior Division), Allagadda, Kurnool District. Two CD Copies
2. BSV sree
/ HIGH COURT DATED:31/07/2025 DECREE LAAS NO. 206 OF 2015 ^06 OCT 2025 jS) vN&0;ent Sectigii^^ DISMISSING THE APPEAL WITHOUT COSTS
APHC010524352015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE NINALA JAYASURYA AND HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT NO: 204 OF 2015 Between: The Special Deputy Collector-cum-Land Acquisition Officer, Telugu Ganga Project, Nandyal, Kurnool District. ...Appellant/Referring Officer/Respondent AND G.Peddakka, W/o.G.Chinna Ramaiah, aged 61 years, R/o.Seetharampuram Village, Mahanandi Mandal, Kurnool District. ...Respondent/Claimant/Petitioner Appeal under Section 54 of the Land Acquisition Act, 1894 against the Common Order and Decree, dated 30-08-2014 passed in OP.No.38 of 2012 on the file of the Senior Civil Judge, Allagadda, Kurnool District. This appeal coming on for hearing and upon perusing the grounds of appeal, the Common Order and Decree of the Trial Court, and material papers in the petition and upon hearing the arguments of Government
Pleader for Appeals and of Sri Balia Ravindranath and Ms.K.Savithri Devi Advocates for Respondent. THIS COURT DOTH ORDER AND DECREE:
1. That the Appeal be and hereby is dismissed; and That there be no order as to costs in this Appeal. 2. Sd/- S.V.S.R.MURTHY JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Civil Judge (Senior Division), Allagadda, Kurnool District. Two CD Copies
2. BSV sree
HIGH COURT DATED:31/07/2025 DECREE LAAS NO.
204 OF 2015 IT0 6 OCT 2025 rrentSectiopx^’ Co DISMISSING THE APPEAL WITHOUT COSTS
APHC010344482015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI •x THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE If PRESENT HONOURABLE SRI JUSTICE NINALA JAYASURYA AND HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LAND ACQUISITION APPEAL SUIT NO: 200 OF 2015 Between: The Special Deputy Collector-cum-Land Acquisition Officer, Telugu Ganga Project, Nandyal, Kurnool District. ...Appell.ant/Referring Officer AND P.Venkateswara Reddy, S/o.Laxmi Reddy, aged 39 years R/o.Gangavaram Village, Sirivella Mandal, Kurnool District. ...Respondent/Claimant Appeal under Section 54 of the Land Acquisition Act, 1894 against the Common Order and Decree, dated 30-08-2014 passed in OP.No.36 of 2012 on the file of the Senior Civil Judge, Allagadda, Kurnool District. This appeal coming on for hearing and upon perusing the grounds of appeal, the Common Order and Decree of the Trial Court, and material papers in the petition and upon hearing the arguments of Government
Pleader for Appeals and of Sri Balia Ravindranath and Ms.K.Savithri Devi, Advocates for Respondent. THIS COURT DOTH ORDER AND DECREE:
1. That the Appeal be and hereby is dismissed; and That there be no order as to costs in this Appeal. 2. Sd/- S.V.S.R.MURTHY JOINT REGISTRAR //TRUE COPY// SECTIoffoFFICER To,
1. The Civil Judge (Senior Division), Allagadda, Kurnool District. Two CD Copies
2. BSV sree
HIGH COURT DATED:31/07/2025 DECREE LAAS NO. 200 OF 2015 0 6 OCT 2025 DISMISSING THE APPEAL WITHOUT COSTS
t. 7 IN THE HIGH COURT OF ANDHRA PRADESH AT AWIARAV THURSDAY, THE THIRTEENTH DAY OF FEBRUAI TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA AND THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO LAND ACQUISITION APPEAL SUIT NOS: 279. 209. 210. 218 AND 308 OF 2015 LAND ACQUISITION APPEAL SUIT NO: 279 OF 2015 Appeal filed under seetidn 54 of Land Acquisition Act of 1894, against the Order and Decree passed in O.P No.32/2012 dt 30-08-2014 on the file of the Senior Civil Judge, Allagadda, Kurnool District.
Between: The Special Deputy Collector-cum-Land Acquisition Officer, Telugu Ganga Project, Nandyal, Kurnool District. ...APPELLANT/REFERRING OFFICER AND K.Frasad. Bto Isloulalt, Aged,* 37, years, R/o Chennur Village Sirivella Mandal, Kurnool District ...RESPONDENT/CLAIMANT Counset for the Appellant : MRT S RAYULU GP FOR APPEALS (AP) Counsel for the Respohdent: SRI BALLA RAVlNDRANATH & SAVITHRI DEVI
LAND ACQUISmON APPEAL SUIT NO- Appeal filed under section 54 of Land Acquisition Act of 1894, against '. the Order and Decree passed in O.P No,160/2012 dt 30-08-2014 on the file the Senior Civil Judge, Allagadda, Kurnool District. Between;
209 OF 2015 The Special Deputy Collector Ganga Project, Nandyal. Kurnool District. -cum-Land Acquisition Officer, Telugu ...APPELLANT/REFERRING OFFICER AND Dasari Ramudu, S/o.Ch,Thirupalaiah Village, Sirivella Mandal, Kurnool District. , Aged, 36, years, R/o.Chennur ...RESPONDENT/CLAIMANT : MR T S RAYULU GP FOR APPEALS (AP) SRI BALLA RAVINDRANATH & SAVITHRI DEVI Counsel for the Appellant Counsel for the Respondent :
LAND acquisition APPEAL SUIT NO- 210 OF 2015 Appeal filed under section 54 of Land the Order and Dec Acquisition Act of 1894, against ree passed in O.P No.163/2012 dt 30-08-2014 on the file of the Senior Civil Judge, Allagadda, Kurnool District. Between: The Special Deputy Collector-cum-Land Acquisition Officer, Telugu Ganga Project, Nandyal, Kurnool District. ...APPELLANT/REFERRING OFFICER
AND Y.Ratna Babu, S/o.Ranganna. Aged, 46, years, R/o.Chennur Village, Sirivella Mandal, Kurnoot District. ...RESPONDENT/CLAIMANT Counsel for the Appellant : MR T S RAYULU GP FOR APPEALS (AP) Counsel for the Respondent: SRI BALLA RAVINDRANATH & SAVITHRI DEVI LAND ACQUISITION APPEAL SUIT NO. 218 OF 2015 Appeal filed under section 54 of Land Acquisition Act of 1894 the Order and Decree passed in O.P Na.83/2Dt2 dt 30-08-2014 the Senior Civil Judge, Allagadda, Kurnool District. against on the file of Between: The Special Deputy Collector-cum-Land Acquisition Officer, Telugu Ganga Project, Miandyal, Kurnool District. ' APPELLANT/REFERRING OFFICER P,Ghandfa Sekhar, SA) Pamuleti. A^ed, 34, Vfllage, Rudravaram Mandal, Komool District.
years, R/o Beeravolu ...RESPONDENT/CLAIlViANT Counsel for the Appellanf : MR T S RAYULU GP FOR APPEALS (AP) ^ Counsel for th# Respondent: SRI BALLA RAVINDRANATH & SAVITHRI DEVI 4 i
X% LAND ACQUISITION APPEAL SUIT NO: 308 OF 2015 Appeal filed under section 54 of Land Acquisition Act of 1894, against the Order and Decree passed in O.P No.164/2012 df 30-08-2014 on the file of the Senior Civil Judge, Allagadda, Kurnool District. Between: The Special Deputy Coliector-cum-Land Acquisition Officer, Telugu Ganga Project, Nandyal, Kurnool District, ...APPELLANT/REFERRING OFFICER AND K.Ch.Mallesudu, S/o..Pedda Basetty, Aged. 51, years, R/o.Chennur Village, Sirivella Mandal, Kurnool District. ...RESPONDENT/CLAIMANT Counsel for the Appellant : MR T S RAYULU GP FOR APPEALS (AP) ■ Counsel for the Respondent: SRI BALLA RAVINDRANATH & SAVITHRI DEVI The Court made the following JUDGMENT :
APHC01029386Z015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 050 [3495] 0 THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT 1 THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO LAND ACQUISITION APPEAL SUIT Nos:279. 209, 210. 218 and 308 of 201.*? LAA.S No.279 of 2015 Between: The SpeGial Deputy Collector Cum Land Acquisition Officer AND ..APPELLANT K Prasad Kurnool District Counsel for the Appellant:
1.GP FOR APPEALS (AP) Counsel for the Respondent:
1. BALLA RAVINORANATH & SAVITHRl DEVI The Court made the following Common Judgment: (per NJS,J) The present batch of appeals arise out of a common
order dated 30.08.2014 in L.A.O.P Nos.32, 83, 160, 163 and 164 of 2012 on the file of the . Court of the Senior Civil Judge, Ailagadda. Heard Mr. T S Rayulu, learned Government Pleader for the appellant. Also heard Smt. B Savithri Devi, learned counsel for the respondents, who appeared through online. ...RESPONDENT
2. CoolGf...
NJSJ&TMP • LA.A.S Nos.279 of 2015 and baton 2
3. For the purpose of excavation of 9R Sub-minor Distributory in Block No. 14 of Telugu Ganga Project, different extents of lands of the respondents in vanous survey nurTibers of Chennur Village were acquired, pursuant to a Notification dated 12.05.2005 issued under Section Acquisition Act. 1894 (herein after referred to 4(1) of the Land as the ‘Act’). The Land Acquisition Officer, after conducting enquiry, passed Award No.72 of 2005-06 granting compensation of Rs.35.000/- per acre. Aggrieved by the kame, the claimants sought reference under Section 18 of the Act claiming compensation of Rs.2,00,000/- per acre. The learned Reference Court answered the reference by fixing compensation at Rs. 1,00,000/- apart from awarding statutory benefits. per acre
4. The learned Government Pleader inter alia contends that Acquisition Officer had considered all the relevant factors during the Award proceedings and fixed the market value Rs.35,000/- per acre, which is just and reasonable. He submits that the fixation of market value Reference Court is without any valid basis, excessive and submits that the learned Reference Court th.e Land course of by the not sustainable. He went wrong in fixing the compensation on the basis of Ex.A1, Sale Deed dated 09.02,2004 iin respect under the of lands situate in another village and far away from the lands present acquisition and potentiality of the same is not similar. He also contends that the nature of the lands in the same village varies from one place to the other. Making the said submissions, the learned Government Pleader emphatically submits that the fixation of compensation by the Reference Court is on higher side, amounts to enhancement on enhancement and warrants interference by this Court.
5. On the other hand, the
learned counsel appearing for the respondents/claimants sought to sustain the orders of the Reference Court by contending that the learned Reference Court had taken into consideration all the relevant factors and rightly fixed the compensation in respect Of the Contd...
NJS.J & TMR,J L.AA.S )Nos.279 of 2015 and batch 3 subject matter lands. She submits that the evidence on record would establish that the subject matter lands are nearer to the land situate in the neighbouring village which was sold vide Ex.AI dated 09.02.2004. She also submits that the learned Reference Court had irghtly relied on the decisions of the Hon’ble Supreme Court and it is settled law that while fixing the market value, when there are no sales in the concerned Village where the lands are situated, the market value of the lands in the adjoining villages or the Award in respect of the same can be taken into consideration for fixing the market value. Making the said submissions, the learned counsel contends that there are no merits, much less, valid grounds in the present appeals and seeks dismissal of the same. -• This Court has eonsidered the
submissions made by the
learned counsel on both sides and the perused the material available on record.
6. Cn an appreciatibh of the rival contentions, the point that arises for
consideration in this batch of appeals is as to vvhether the
order of the Reference Court warrants interference, in the facts and circumstances of the case? 7. Before answering the point, it is to be noted that before the Reference Court, PWs.1 and 2 were examined on behalf of the respondents/claimants
8. and EX.A1. Ceptffled copy of the ReglsteFed Sale Deed dated 09.02.2004 was marked, wherein art extent of Q.8i8 cents was sold for Rs.68,OOOA which works to Rs,1 ,OO,0OOA per acra No oral or documentary evidence was adduced on behalf of the Referring Qfficer. Ex.B1, Copy of Award No.72/2005-06 dated 20.03.2006 was marked with consent. PW1 in his evidence categorically stated that the acquired land is black cotton soil, he used to raise paddy, turmeric, sugar cane in his bore irrigated dry land and was gedihg Rs.3O,0QO/- per acre, per year. He further testified Telugu Canga main canal flows via Velugodu, Boyareyula,
9. Oontd... 4 , A A ^ njs,j&tmr,j L.4.4.0 Nos.279 of 2015 and batch 4 Narayanapuram, Thimmapuram. in Mahadevapuram, Chennur, said villages are Gajulapalli etc., that LAO has acquired land etc., for excavation of major canal, thus all the connected with Telugu Ganga canal fertility, cropping pattern and and are similar in market value. In the cross examination, he his village and the neighbouring villages is Ex.A1 belongs to Gajulapalli village suggestion that Ex.A1 deposed that the distance between about one kilometer and that though ‘ pertaining to their adjoining lands. He was created for the it is also denied the purpose of the case. PW2 attestor of Ex.A1 dated with regard to the 09.02.2004 supported the case of PW1 potentiality of the acquired lands nature and EX A1 transaction land and that sjmilar. He deposed that the distance they are between this lands under acquisition and EX.A1 land is 2 Km to 3 Km. Nothing contra examination of PW1 and PW2 that Ex.At brought into existence for the could be elicited in the cross dated 09,02.2004 is not genuine purpose of boosting the claim artificially. Hence can be safely relied for the Further, the documentary evidence the same purpose of fixing the market value, was adduced by the Referring Officer unless exhibited before the Reference and Court, the sale statistics/transactions cannot be appreciated. 10. The learned Reference Court by taking i particulariy Ex.A1, fixed the question and the lands under Ex.A1 Wllages. In G.M..
O.A/.ac, LW., v. S^ndhabhai Vastram Petaf Sjreme Court infer atia held that instances of sale of similar land's situated in the same village or neighbouring villages market value. Therefore, the contention Pleader is rejected. into consideration the evidence on record more market value as the lands In transaction are situate Iin the adjoining the Hon’ble can be taken for determination of the advanced by the learned Government
11. In the present case, the lands and it is not i acquired for Telugu Ganga Project in d,sputa that they are fertile black cotton self lands. Though ^ (2005) 6 see 4S4 Contd..,
NJS,J & TMR, J L.A.A.S Nos.279 of 2015 and batch 5 there is a time gap of more than one year between the Ex.A1 sale deed dated 09.02.2004 and the Section 4(1) Notification dated 12.05.2005, the Reference Court has not taken into consideration the value appreciation in terms of Om Prakash vs. Union of India^. However, the claimants have not filed appeals. Be that as it may. 12. Considering the matter in its entirety, this Court is of the view that the enhancement of compensation by the Reference Court was based on the material on record, supported by cogent reasons, not on higher side and warrants no interference of this Court. 13. Point for consideration is therefore, answered against the appellants. Accordingly, for the foregoing reasons, these appeals are dismissed. No
order as to costs. All pending misceflaheous petitions shall stand closed.
14.
^ (2004) 10 SC€ 627 SD/- E.KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. Th0 Civil Judge (Senior Division): Allagadda, KUrnoql District.
2. One CCto GP for Appeals (AP) Advocate [OPUC]
3. One CG to Sri Balia Ravindranath & Savithri Devi Advocate [OPUC]
4. The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravathi SAM TAC
HIGH COURT DATED: 13/02/2025
JUDGMENT + DECREE LAAS.Nos. 279, 209, 210, 218 and 308 of 2015 0 8 JUL 2025 a= mi o £^spatg\^ DISMISSING THE LAND ACQUISITION APPEAL SUITS