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2025 DAILYLAW 49838 (AP)

S SHAMIVUN v. The State of Andhra Pradesh

WP/30767/2023 · 2025-12-01

Tarlada Rajasekhar Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010596842023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY,THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 30767/2023 Between: 1. S SHAMIVUN, W/O CHAND BASHA, AGED ABOUT 39 YEARS, R/O H.NO 6-31/1, GANI VILLAGE GADIVEMULA MANDAL, NANDYAL DISTRICT, AP. 2. S.RAMIJA BEE,, W/O MABU SHAREEF, AGED ABOUT 41 YEARS, H.NO 4-118, MANCHALAKATTA VILLAGE, GADIVEMULA MANDAL, NANDYAL DISTRICT, AP. 3. A.MEHARUN BEE,, W/O AZMATUIIAH, AGED ABOUT 68 YEARS, R/O 11-79/1, NEAR BUNGALOW, NANNUR VILLAGE, ORVAKAL MANDAL, KURNOOL DISTRICT. AP. 4. SIDDEWARAM VAHIDA BEE,, W/O S.ABDUI SHUKUR, AGED 53 YEARS, R/O 6-67, GANI VILLAGE, GADIVEMULA MANDAL, NANDYAL DISTRICT, AP. 5. BEGARI NAGAMMA,, D/O SOLENNA, AGED ABOUT 60 YEARS, R/O 6-114, GANI VILLAGE GADIVEMULA MANDAL, NANDYAL DISTRICT, AP. 6. S.FATHIMA BEE,, W/O VALI BASHA, AGED ABOUT 58 YEARS, R/O 4-118, MANCHALAKATTA VILLAGE, GADIVEMULA MANDAL, NANDYAL DISTRICT, AP. 7. SHAIK KAIRUN BEE,, W/O SHAFI AHMED, AGED ABOUT 63 YEARS,R/O H.NO.4, MANCHALAKATTA VILLAGE, GADIVEMULA MANDAL, NANDYAL DISTRICT, AP 8. S.SULTAN BEE,, W/O BANGI SAHEB, AGED ABOUT 63 YEARS, R/O 6-51, GANI VILLAGE, GADIVEMULA MANDAL, NANDYAL DISTRICT, AP. 9. SHAJADA BEE,, W/O LATE ABDUL KHADAR, AGED ABOUT 58 YEARS, GANI VILLAGE, GADIVEMULA MANDAL, NANDYAL DISTRICT, AP. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL (LAND ACQUISITION), STATE VELAGAPUDI, GUNTUR DISTRICT, ANDHRA SECRETARY REVENUE SECRETARIAT BUILDINGS, PRADESH. 2. THE DISTRICT COLLECTOR, NANDYALA DISTRICT, NANDYALA, ANDHRA PRADESH. 3. THE SUBCOLLECTOR, NANDYALA DISTRICT, NANDYALA 2 ANDHRA PRADESH 4. THE TAHSILDAR, GADIVEMULA MANDAL, GADIVEMULA, NANDYALA DISTRICT, ANDHRA PRADESH ...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 tomay be pleased to pass an order or direction or Writ, more specifically one in the nature of a writ of mandamus deciaring proceedings bearing reference number Rc.B.238/2018 dated 09-03-2021, passed by the Sub-Collector Nandyal , i.e., Respondent Number 3 in rejecting the payment of compensation for lands of the petitioners resumed for public purpose on par with payment of Rs 5.50 Lakhs per acre as paid to patta holders and instead paying only Rs 4.20 lakhs per acre in respect of the land holding of the petitioners resumed by the respondents as illegal, contrary to the settled law laid down by the honourable High Court of Andhra Pradesh in Mekala Pandu case and and as confirmed by the Hon'ble Supreme Court in Civii Appeal No 7904-7912 dated 04-08- 2014 and consequently direct payment of the balance Rs.1.3 lakhs Per acre in respect of the iand holding of the' petitioners indicated in the table below duly setting aside the orders bearing reference number Rc.B.238/2018 dated 09-03-2021 insofar as the petitioners are concerned with all applicable consequential benefits including interest from the date of taking possession on 03-03-2015 and pass such IA NO: 1 OF 2023 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 may be pleased to direct that the above writ petition to be taken up out of turn and directed to be posted for final hearing as the petitioners' lands were taken away from them as far back as in the year 2015 and pass such Counsel for the Petitioner(S): 1. A SRINATH Counsel for the Respondent(S): 1. A SRINATH Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.30767 of 2023 ORDER: Learned counsel for petitioners appeared virtually and submitted that in view of amendment issued vide G.O.Ms.No.23, Revenue (Lands.I), dated 19.01.2024, the Andhra Pradesh Assigned Lands (Prohibition of Transfers) (Amendment) Act, 2023, this writ petition has been rendered infructuous. Recording the said submissions, the present Writ Petition is dismissed as infructuous. However, petitioners are at liberty to initiate appropriate proceedings, if necessary. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any shall stands closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 02.12.2025 KBN 4 157 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.30767 of 2023 Date: 02.12.2025 KBN