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2025 DAILYLAW 49908 (AP)

SEEMAKURTHI SUBBA LAKSHUMAMMA v. STATE OF AP

WP/183/2021 · 2025-09-23

B Krishna Mohan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010002792021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] WEDNESDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 183/2021 Between: 1. SEEMAKURTHI SUBBA LAKSHUMAMMA, W/O. SUBBA NARASAIAH AGE.61, R/O. D.NO.42/307-8-1, BHAGYANAGAR COLONY, KADAPA TOWN, Y.S.R. KADAPA DISTRICT. ...PETITIONER AND 1. STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. DISTRICT COLLECTOR, Y.S.R. KADAPA DISTRICT AT KADAPA. 3. REVENUE DIVISIONAL OFFICER, KADAPA, Y.S.R. KADAPA DISTRICT. 4. TAHSILDAR, KADAPA MANDAL, Y.S.R. KADAPA 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 toto issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in contemplating to grant house sites pattas on petitioners lands of Ac.5.00 cents in Sy.No.408/1 of Chinna Chowk Village in Kadapa Mandal of Y.S.R. Kadapa District under the program 2 Navaratnalu - Pedalandariki Illu Scheme being sponsored by the 1st respondent, without initiating land acquisition proceedings and paying compensation to petitioner under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, in spite of pendency of her writ petition in W.P.No. 11860 of 2019 filed in connection therewith, as illegal, irregular, irrational and violative of provisions of Central Act 30 of 2013 and rules framed there under and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to grant house sites to 3rd parties on petitioners said lands, without paying me compensation, rehabilitation and resettlement benefits and pass IA NO: 1 OF 2021 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 not to grant house sites on petitioner‟s lands of Ac.5.00 cents in Sy.No.408/1 of Chinna Chowk Village in Kadapa Mandal of Y.S.R. Kadapa District under the flagship program “Navaratnalu – Pedalandariki Illu” Scheme being sponsored by the 1st respondent, without initiating land acquisition proceedings and paying compensation to petitioner, pending disposal of the main Writ Petition and pass IA NO: 2 OF 2021 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 pleased to vacate the interim order passed in W.P.No.183 of 2021, dated 06.01.2021 and dismiss the writ petition Counsel for the Petitioner: 1. AMANCHI ROYAL Counsel for the Respondent(S): 1. GP FOR REVENUE 3 The Court made the following Order: The learned counsel for the petitioner submits that they have given up vakalat for the petitioner. There is no representation for the petitioner. Heard the learned Assistant Government Pleader for the respondents. 2. This writ petition was filed questioning the action of the respondents in contemplating to grant house site pattas in the land of the petitioner in an extent of Ac.5.00 cents in Sy.No.408/1 of Chinna Chowk Village in Kadapa Mandal of Y.S.R.Kadapa District under the programme „Navaratnalu-Pedalandariki Illu‟ scheme being sponsored by the 1st respondent, without initiating land acquisition proceedings and paying compensation to the petitioner under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 3. On the other hand, the learned Assistant Government Pleader relying upon the counter of the 4th respondent submits that the subject land was already resumed to the government and it was utilized for the purpose of housing scheme. The ex-gratia amount was also fixed as detailed as under: Sl. No. Name of the owner Sy. No. Extent in acres Rate per acre Total land value 30% solatium Total market value 1 Smt. S.Subba Lakshumma 408/1 5.00 5,00,000 25,00,000 7,50,000 32,50,000 4 4. The government is ready to pay the ex-gratia amount sanctioned in favour of the assignee with interest from taking possession of the land till the date. Though several requests were made to the petitioner, she has not submitted her bank account copy, Aadhar copy, Pan card copy and consent letter evidencing with reference to the subject land. 5. In view of the above said facts and circumstances, if not already received compensation and if the petitioner is otherwise eligible and entitled for the same, she can approach the respondent Nos.2 to 4 for the payment of ex-gratia amount for the subject land satisfying the requirements before the said authority concerned. On receipt of the same, the respondent Nos.2 to 4 are directed to consider and dispose of the petitioner‟s representation if any for the purpose of payment of ex-gratia amount and if she is found to be eligible and not received so far, the same can be released in accordance with law. 6. Accordingly, the writ petition is disposed of. Interim order if any, deemed to have been vacated. There shall be no order as to costs. As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 24.09.2025 NNN