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2025 DAILYLAW 4905 (AP)

NANDIMANDALAMA RAMANA RAJU @ RAMARAJU v. THE STATE OF ANDHRA PRADESH

WP/2201/2025 · 2025-06-30

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

♦ APHC010037572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No: 2201 OF 2025 THE Between: . Nandimandalama Ramana Raju @ Ramaraju. S/o Venkata Subbaraju Occi'Agriculture, R/o New Military Colony 1 Aged about 70 years Nellore, S.P.S.R.Nellore District. 2, Ch.Subbamma, W/o Ch.Subbarayudu, D/o Late Dommaraju Subba R/o D.No.25.2.76, Housewife, Raju, Aged about 59 years, Occ. Lakeview Colony, Podalakuru Road, Nellore, 3. Dommaraju Chenchu Raju, S/o Late Dommaraju Subba Raju, Aged about 47 years, Occ; Agriculture, R/o D.No.25.2.76, Lakeview Colony, PodalakuruRoad, Nellore, S.P.S.R.Nellore District. 4. Dommaraju Murali Krishna Prasad, S/o Late Dommaraju Subba Raju, Aged about 45 years, Occ; Agriculture, R/o D.No.25.2.76, Lakeview Podalakuru Road, Nellore, S.P.S.R.Nellore District. W/o. Late Koduru Venkata Raju Aged about 76 Occ; Housewife, R/o Police Colony, Podalakuru Road Nellore, Colony 5. Koduru Chinnamma years, S.P.S.R.Nellore District. 6. Koduru Konda Raju, S/o. Late Venkata Raju, Aged about 40 years, Nellore, R/o Police Colony, Podalakuru Road Occ; Agriculture S.P.S.R.Nellore District. Ramesh, S/o Late Venkata Raju, Aged about 38 years, Occ; Nellore, 7. Koduru Agriculture S.P.S.R.Nellore District. R/o Police Colony, Podalakuru Road 8. Singaraju Venkata Raju, S/o Maruthi Raju, Aged about 70 years, Occ: Agriculture, R/o Gudugunta, Ananthasagaram Mandal,S.P.S.R.Nellore District. 9. Singaraju Ramulamma @ Ramamma, w/o Venkata Raju, Aged about 64 years, Occ: Housewife, District Anathasagaram Mandal,S.P.S.R.Nellore ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation Department, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh State. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary Acquisition, Secretariat, Velagapudi, Amaravathi Andhra Pradesh State 3. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat, Velagapudi, Amaravathi, Andhra Pradesh State. 4. The District Collector, Nellore, S.P.S.R.Nellore District. 5. The Special Collector(L.A), Telugu Ganga Project, Mulapeta, Nellore, S.P.S.R.Nellore District. 6. The Special Deputy Collector(L.A), Telugu Ganga Project, Rapur at Nellore, Mulapeta, Nellore, S.P.S.R.Nellore District Land Guntur District, Guntur District, ...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 Respondents in not paying the enhanced compensation for the pomegranate trees situated in the Land in Sy. No. 44, extent Ac.0.96 cents Reach No.04 of Akelavalasa (vil), Rapur Mandal, S.P.S.R.Nellore District in terms of the Judgment and decree in LA.O.P.No.8 of 2017, dated 31.01.2024 of the Vli Additional District Judge, Gudur, S.P.S.R.Neliore District is arbitrary, illegal, without jurisdiction and consequently direct the Respondents to deposit the enhanced Compensation to the Credit of E.P. in LAO.P.No.8 of 2017 of the VII Additional District Judge, Gudur, S.P.S.R.Neliore District filed by the Petitioners and which was transferred to the Principal District Judge, Nellore, S.P.S.R.Neliore 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 Respondents to deposit the enhanced Compensation to the Credit of E.P. in L.A.O.P.No.8 of 2017 of the VII Additional District Judge, Gudur, S.P.S.R.Neliore District filed by the Petitioners and which was transferred to Judge, Nellore, S.P.S.R.Neliore District, pending the Principal District disposal of the writ petition. Counsel for the Petitioner: SRI CH. C. KRISHNA REDDY Counsel for the Respondent No.1 :GP FOR IRRIGATION & CAD Counsel for the Respondent Nos.2, 4,5 & 6: GP FOR LAND ACQUISITION Counsel for the Respondent No.3:GP FOR FINANCE AND PLANNING The Court made the following order: the HIGH COURT OF ANDHRA PRADESH at aniaravati Original Jurisdiction) APHC010037572025 [3329] IN \sM (Special first day of JULY and twenty five PRESENT - VENKATESWARLU NININIAGADDA PPT>t>ON NO: 2201/2025 TUESDAY, THE TWO THOUSAND honourable SRI JUSTICE WRIT THE nandimandalama subbaraju, aged about 70 years occ agriculture, wo hew MILITARY COLONY, ^^^0^ ^ LATE DOMMARAJU 2 CH.SUBBAMMA, W/0 OCC HOUSEWIFE. _ ^KEV^rVoloNY POOALAKURU - nellore. ’srrorrorr , D0U«AR"U »URAU KTOH" culture SUBBA RAJU, AGED ABO - pc„L„uRU rLS,™p"R»LORED,STR,C, Between; 1. R/0 ROAD, dommaraju SUBBA agriculture, r/0 PODALAKURU ROAD, S/0 LATE YEARS, OCC COLONY, late dommaraju Y R/0 road, VENKATA RAJU R/0 POLICE S.P.S.R.NELLORE late KODURU housewife nellore, „ W/ O YEARS, OCC ROAD 5 KODURU CLllNNAMMA about 76 COLONY, POOALAKURU district. LRTRVEUKATARLUU^^R ABOUT nellore district. KONDARAJU,, s/0 agriculture, nellore, S.P.S.R 6. KODURU 40 YEARS, PODALAKURU ROAD OCC 2 7.K0DURU RAMESH,, S/0 LATE VENKATA RAJU YEARS PODALAKURU ROAD NELLORE, S.P.S.R.NELLORE 8.S1NGARAJU VENKATA RAJU,, S/0 MARUTHI RAJU, AGRICULTURE, ANANTHASAGARAM MANDAL,S.P.S.R.NELLORE DISTRICT. 9.SINGARAJU RAM ULAMMA @ RAMAMMA, W/0 VENKATA AGED ABOUT 64 YEARS, OCC HOUSEWIFE, MANDAL,S.P.S.R.NELLORE DISTRICT AGED ABOUT 38 POLICE COLONY, DISTRICT. OCC AGRICULTURE, R/0 AGED ABOUT R/0 GUDUGUNTA 70 YEARS, OCC RAJU, ANATHASAGARAM ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL IRRIGATION DEPARTMENT SECRETARY, VELAGAPUDI, AMARAVATHI PRADESH STATE. SECRETARIAT, GUNTUR DISTRICT, ANDHRA 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETAIY, LAND ACQUISITION, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH STATE 3.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL FINANCE DEPARTMENT SECRETARY, VELAGAPUDI, AMARAVATHI PRADESH STATE. SECRETARIAT, GUNTUR DISTRICT, ANDHRA 4.THE DISTRICT COLLECTOR DISTRICT. NELLORE, S.P.S.R.NELLORE 5.THE SPECIAL COLLECTOR L A, TELUGU GANGA PROJECT MULAPETA, NELLORE, S.P.S.R.NELLORE DISTRICT. 6.THE SPECIAL DEPUTY COLLECTOR L A RAPUR AT NELLORE, TELUGU GANGA MULAPETA, NELLORE, PROJECT, S.P.S.R.NELLORE DISTRICT ...RESPONDENT(S): 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 may be pleased to issue a Writ, order or direction more particularly 3 «««r% of Mandamus declaring the action of the the enhanced compensation for the pomegranate in the nature of Writ one Respondents in not paying trees situated in the Land in Sy.No. 44, extent Ac.0.96 cents Reach No.04 of Akelavalasa (vil), Rapur Mandal, S.P.S.R. Nellore District in terms of the in LA.O.P.No.8 of 2017, dated 31.01.2024 of the VII Judgment and decree Additional District Judge, Gudur, S.P.S.R. Nellore District is arbitrary, illegal, without jurisdiction and consequently direct the Respondents to deposit the enhanced Compensation to the Credit of E.P. in L.A.O.P.No.8 of 2017 of the VII Additional District Judge, Gudur, S.P.S.R. Nellore District filed by the Petitioners and which was transferred to the Principal District Judge, Nellore, S.P.S.R. Nellore District and pass such 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 the Respondents to deposit the enhanced may be pleased direct Compensation to the Credit of E.P. in L.A.O.P.No.8 of 2017 of the VII District Judge, Gudur, S.P.S.R.Nellore District filed by the Additional Petitioners and which was transferred to the Principal District Judge, Nellore S.P.S.R.Nellore District, pending disposal of the writ petition and pass such Counsel for the Petitioner(S); 1.CH C KRISHNA REDDY 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: THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION NO.2201 of 2025 ORDER; The grievance of the petitioner is that the respondents are not paying enhanced compensation for the pomegranate trees situated in the land in extent of Ac.0.96 cents; Reach No.04 of Akelavalasa Village, Sy.No.44, an Rapur Mandal, SPSR Nellore District in terms of the Judgment and decree in L.A.O.P.No.08 of 2017, dated 31.01.2024 on the file of VII Additional District Judge, Gudur, SPSR Nellore District. Heard Sri Ch. C. Krishna Reddy, learned counsel for the petitioners, learned Assistant Government Pleader for Irrigation for Respondent No.1, learned Government Pleader for Land Acquisition for Respondent Nos.2, 4 to 6 and learned Government Pleader for Finance for Respondent No.3. 2. Government Pleader submits that since the Learned Assistant compensation granted by the Land Acquisition Officer as per the Award No.125/1989, dated 29.11.1989 for the land and trees is very less, the matter referred to the reference Court i.e., VII Additional District Judge, Gudur, SPSR Nellore District and was numbered as L.A.O.P.No.08 of 2017 and same was disposed of on 31.01.2024 by enhancing the value of each pomegranate 3. was tree to Rs.3,000/-. 5 In reply, learned counsel for the petitioner requested this Court dispose of the writ petition by recording the submissions made by the learned 4. Assistant Government Pleader. In view of the above, this writ petition is disposed of directing the respondents to deposit the enhanced compensation to the credit of 5. E.P.No. of 2024 in L.A.O.P.No.08 of 2017 on the file of VII Additional District Judge, Gudur filed by the petitioner, within three (03) months from the date of receipt of a copy of this order. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SE To, 1. The VII Additional District Judge, Gudur. 2. The Principal Secretary, Irrigation Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh State. 3. The Principal Secretary, Land Acquisition, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh State 4. The Principal Secretary, Finance Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh State. 5. The District Collector, Nellore, S.P.S.R.Nellore District. 6. The Special Collector(L.A), Telugu Ganga Project, Mulapeta, Nellore;, S.P.S.R.Nellore District. 7. The Special Deputy Collector(L.A.), Telugu Ganga Project, Rapur at Nellore, Mulapeta, Nellore, S.P.S.R.Nellore District 8. One CC to Sri Ch. C. Krishna Reddy, Advocate [OPUC] 9. Two CCs to GP for Irrigation & CAD, High Court of Andhra Pradesh [OUT] Two CCs to GP for Land Acquisition, High Court of Andhra Pradesh [OUT] 11. Two CCs to Pradesh [OUT] 12. Two CD Copies. 10. GP for Finance and Planning, High Court of Andhra ssb i : ■ HIGH COURT DATED:01/07/2025 ORDER WP No.2201 OF 2025 & I jsmwK E Current section SSot-SPATOA^--" DISPOSING OF THE W.P. WITHOUT COSTS