Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY ,THE FIFTH DAY OF MA\f^ mm TWO THOUSAND AND TWENTY Fivli'^. t i
“vf ^.h K'V ^ ' PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11472 OF 2025 Between:
1. Jinkala Lakshmanna, S/o Nalappa, Aged about 64 years, R/o 2/118, OMR colony, Kondapuram Main Road, Kondapuram, YSR Kadapa District, Andhra Pradesh.
2. Jinkala Ashok Kumar, S/o Lakshmanna, Aged about 33 years, R/o 2/118, OMR colony, Kondapuram Main Road, Kondapuram, YSR Kadapa District, Andhra Pradesh.
3. Jinkala Neelavathi, D/o Lakshmanna, Aged about 29 years, R/o 2/118, CMR colony, Kondapuram Main Road, Kondapuram, YSR Kadapa District, Andhra Pradesh. ..Petitioners 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, Resettiement and Rehabiiitation. Water Resource Department, Vijayawada, Andhra Pradesh.
5. State of Andhra Pradesh, Rep by its principal Secretary Resource Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
6. State of Andhra Pradesh, Rep by its Principal Secretary, Finance department. Secretariat, Velagapudi, Guntur District, Andhra Pradesh. Water ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue may an appropriate writ or
order or direction more particularly a writ in the nature of 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) individual, to which the Petitioners (SES No. RK 600) are duly entitled as per G.O.RT.No.312, dated 06.07.2023, Water Resource Department Illegal, arbitrary, unjust and contrary to the provisions of Resettiement and Rehabilitation Policy 2005 and further violative of Art. Art.300A of the Constitution of India and per as 14, Art.21 and consequently to direct the respondents to pay the aforementioned due amount to the Petitioners along with interest @24% per annum from the date of acquisition to the date of actual payment.
lA 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 payment process the amount of 10,00,000/- (Rupees Ten Lakh Only) per individual, payable to Petitioners within two weeks.
Counsel for the PetitionersiSRI. JAWAJI SARATH CHANDRA Counsel for the Respondents No.1 to 3: GP FOR LAND ACQUISITION Counsel for the Respondents No.4 & 5: GP FOR IRRIGATION AND CAD Counsel for the Respondent No.6: GP FOR FINANCE The Court made the following Order:
r' 1 % NV,J WP No.11472 of 2025 APHC010214352025 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: 11472/2025 Between: ...PETITIONER Jinkala Lakshmanna and others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner:
1.JAWAJI SARATH CHANDRA 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.11472 of 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION N0.11472 of 2025
ORDER: Heard respective counsel appearing for the petitioners and learned Government Pleader for Land Acquisition. Perused the material available on
1. 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 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 petitioners along with interest @ 24% per annum. 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 money is clearly arbitrary and high-handed requiring the interference of this Court. 3. 4. On behalf of the respondents, the Special Deputy Collector, for Joint Collector & Project Administrator, YSR District filed written instructions dated
3 NV,J WP No.11472 of 2025 ' 03.05.2025, admitting that the bills are pending with them. It is further 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 petitioners. In view of the aforesaid directions of this Court in various cases and after hearing the submissions of learned counsel for the petitioners, 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) each, to the petitioners, along with the interest @ 6% per 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 petitioners to agitate their 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. 5. 6. Consequently, miscellaneous applications pending if any, shall also stand closed. Sd/- K. SRINIVASA RAJU assistant registrar //TRUE COPY// SECVJ^ OFFICER To,
1. The Principal Secretary, Land Acquisition Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh. 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. The Principal Secretary, Water Resource Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh. The Principal Secretary, Finance department. Secretariat, Velagapudi, Guntur District, Andhra Pradesh. One CC to Sri. Javvaji Sarath Chandra, Advocate [OPUC] i
5. 6. 7. 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, High Court of Andhra Pradesh. ."'I -
11. Three CD Copies vna
J HIGH COURT DATED;05/05/2025
ORDER WP.No.11472 of 2025 I 2 3 SEP 2025 g ^ . Current Section .
DISPOSING OF THE WRIT PETITION WITHOUT COSTS