KOTAMGARI VENKATESWARLU v. THE STATE OF ANDHRA PRADESH
WP/11382/2025 · 2025-05-05
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 49811 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49811 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[3329 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMA WRIT PETITION NO: 11382 OF 2025 Between:
1. Kotamgari Venkateswarlu, S/0 Thirupalu, Aged about 31 years, R/o Chillakuru Tamminapatnam, Nellore District. 2. Katamgari Prasad, S/o Thirupalu, Aged about 33 years, R/o Chillakuru Tamminapatnam, Nellore District. 3. Katamgari Vamsi, S/o Ramu, Aged about 25 years, R/o Chillakuru Tamminapatnam, Nellore District. ...PETITIONERS AND
1. The State of Andhra Pradesh, Rep. by Its Special Chief Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Tirupathi District, Tirupathi. 3. The Sub-Collector, Gudur, Tirupathi District. 4. The Tahsildar, Chillakur Mandal, Chillakur, Tirupathi District. %
5. Kota Satish, S/o Yedukondalu, Aged major, Thamminapatnam Village, Chillakur Mandal, Tirupathi District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ order or direction more particularly one in the nature of Writ of Mandamus, declare the action of the respondents in disbursing the compensation amount to the unofficial respondent pursuant to the G.O.MS. No. 43 Revenue (Lands-VIII) Department dated 11-02-2025 for the lands acquired to an extent of Ac.3.89 Cents in Sy. No. 706/7 of Thamminapatnam Village, Chillakur Mandal, Tirupathi District as illegal, arbitrary and in Violation of Articles 14, 21 and 300-A of the Constitution of India and consequently, direct the respondents to incorporate the names of the petitioners in affected parties list pertaining to land to an extent of Ac.3.89 Cents in Sy. No. 706/7!'of Thamminapatnam Village, Chillakur Mandal, Tirupathi District and pay ex gratia to the petitioners. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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 not to disburse the ex-gratia amount to the 5‘^ respondent for the land to an extent of Ac.3.89 Cents in Sy No. 706/7 of Thamminapatnam Village, Chillakur Mandal, Tirupathi District pursuant to G.O.MS.No.43 Revenue (Lands-VIII) Department dated 11-02-2025. Counsel for the Petltioner(s):SRI.
HARINATH REDDY SOMA Counsel for the Respondents: GP FOR REVENUE The Court made the following
APHC010213862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11382/2025 Between: Kotamgari Venkateswarlu and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S):
1.HARINATH REDDY SOMA Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following:
% 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11382/2025
ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs;-
“to issue a writ, order or direction more particularly in the nature of Writ of Mandamus declare the action of the respondents in disbursing the compensation amount to the unofficial respondent pursuant to the G.O.Ms.No.43 Revenue (Lands-VIII) Department dated 11.02.2025 for the lands acquired to an extent of Ac. 3.89 Cents in Sy.No. 706/7 of Thamminapatnam Village, Chlllakur Mandal, Tirupathi District as illegal, arbitrary and in Violation of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents to incorporate the names of the petitioners in affected parties list pertaining to land to an extent of Ac. 3.89 Cents in Sy.No. 706/7 of Thamminapatnam Village, Chillakur Mandal, Tirupathi District and pay ex- gratia to the petitioners and pass such other order. ” one
2. Heard the learned counsel for the petitioners and the learned Government Pleader for the respondents.
3.
Learned counsel for the petitioners submits that the petitioners are the descendants of Sri Katamgari Venkateswarlu, \ who originally acquired the property admeasuring to an extent of Ac.4.00 cents in Sy.No.706/P of Thamminapatnam Village, Chillakur Mandal, Tirupathi District. While so, the Government issued notification for acquiring the land admeasuring to an extent of Ac.617.67 cents for the development of the Chennai-Bengaluru
3 IP Industrial Corridor (CBIC) Project. Under the said project, the lands of the petitioner were affected. After conducting survey, the land admeasuring to an extent of Ac.3.39 cents was available in the possession of the petitioners. Though, the petitioners were in possession of the subject property, the respondents notified the name of the 5*^ respondent in the proceedings as the landholder. The petitioners made several representations/applications before the respondents for correction of the entries in the notification and seeking to incorporate their names in the place of their great grandfather i.e., Sri Katamgari Venkatesawriu. While things stood thus, the Government of Andhra Pradesh issued G.O.Ms.No.43 Revenue (Lands-VIII) Department dated 11.02.2025 sanctioning ex- gratia for an amount of Rs.78,84,83,200/- (i.e., Rs.8,00,000/- per acre).
4. Learned counsel for the petitioners further submits that pursuant to the said Government Order, the respondents notified the 5^*^ respondent as an eligible candidate for receiving ex-gratia instead of the petitioners. The petitioners raised their objections/grievance before the 4‘^ respondent. Then, the 3'^^ respondent issued notice to the petitioners and the respondent for conducting enquiry. Pending the enquiry, the respondents are disbursing the ex-gratia amount to the 5^*^ respondent as per the list of beneficiaries prepared by the 3'“'^ respondent. Hence, the present Writ Petition.
% 4 of beneficiaries prepared by the 3'"^ respondent. Hence, the present Writ Petition.
5. Learned Government Pleader for the respondents furnished written instructions dated 06.05.2025 issued by the 3'^^ respondent, wherein it is stated as follows:
“Enquiry for the Writ Schedule survey number 706/7 extent Ac. 3.89 cents is pending and is under process and the objection petition of the writ petitioner will be
disposed as per the rules in force, until that the disbursement of amount is kept in hold, which is the same plea of the writ petitioners. ’’
6. Having regard to the submissions made by the learned counsel for the petitioners and on perusal of the written instructions furnished by the learned Government Pleader for the respondents, without going into the merits of the case, this Court deems it appropriate to dispose of the Writ Petition directing the respondents to consider the case of the petitioners and pass appropriate orders, after having detailed enquiry and after considering the objections/claim of the petitioners in accordance with law, within a period of three(3) months from the date of receipt of copy of this
Order. Till then, status-quo obtaining as on today shall be maintained by all the parties concerned in respect of the compensation/ex-g ratia amount.
5
7. With the above direction, the writ petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed.
ca; pVtNOD KUMAR asI.st&g.strar //TRUE COPY// To,
1. The Special Chief Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings;, Velagapudi, Guntur District.[By Special Messenger]
2. The District Collector, Tirupathi District, Tirupathi.
3. The Sub-Collector, Gudur, Tirupathi District.
4. The Tahsildar, Chillakur Mandal, Chillakur, Tirupathi District.
5. Kota Satish, S/o Yedukondalu, Aged major, Thamminapatnam Village, Chillakur Mandal, Tirupathi'District.[2 to 5 by RPAD]
6. OneCCto SRI. HARINATH REDDY SOMA Advocate [OPUC]
7. Two CCs to GP FOR REVENUE ,High Court Of Andhra Pradesh. [OUT]
8. Three CD Copies .
HIGH COURT DATED:06/05/2025
ORDER WP.No.11382 of 2025 THE WRIT PETITION IS DISPOSED OF WITHOUT COSTS