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2025 DAILYLAW 5022 (AP)

KASUMURU INDIRAMMA v. The State of Andhra Pradesh

WP/2375/2025 · 2025-06-30

Venkateswarlu Nimmagadda

body2025

Judgment text

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% APHC010040542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) V O h i;o ‘■:i\ TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No: 2375 OF 2025 ._fvi THE Between; Kasumum Indiramma, W/o. Late Kasumuru Subbarami Reddy, Aged about 64 years, Occ: Housewife, R/o.Kothapeta, Rapur, Rapur Mandal, Nellore District. S.P.S.R. ...PETITIONER AND State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation Guntur District, 1. The Secretariat, Velagapudi, Amaravathi Department Andhra Pradesh State. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Land Guntur District, Secretariat, Velagapudi, Amaravathi, Acquisition Andhra Pradesh State. of Andhra Pradesh, Rep. by its Principal Secretary, Finance Guntur District, 3. The State Secretariat, Velagapudi, Amaravathi Department Andhra Pradesh State. 4. The District Collector, Nellore, S.P.S.R.Nellore District. Special Collector (L.A.), Telugu Ganga Project, Mulapeta, Nellore 5. The S.P.S.R.Nellore District. Special Deputy Collector(L.A.), Telugu Ganga Project, Rapur at Nellore, Mulapeta, Nellore, S. P. S. R. Nellore District 6. The ...RESPONDENTS f-r-f 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. 166, extent Ac.0.36 cents Sy. No. 168, extent Ac.0.54 cents Reach No.25 of Penubarthi (vil), Rapur Mandal, S.P.S.R.Nellore District in terms of the Decree and Judgment in L.A.A.S.No.108 of 2019, dated 05.11.2019 of the Hon’ble High Court of A.P. is arbitrary, illegal, without jurisdiction and consequently direct the Respondents to deposit the enhanced Compensation to the Credit of E.P. 29 of 2023 in L.A.O.P.No.21 of 1993 of the Senior Civil Judge, Gudur, S.P.S.R.Nellore District filed by the Petitioner and which was transferred to the Principal District Judge, Nellore, S.P.S.R.Nellore 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. No.29 of 2023 in L.A.O.P.No.21 of 1993 of the Senior Civil Judge, Gudur, S.P.S.R.Nellore District filed by the transferred to the Principal District Judge, Nellore, S.P.S.R.Nellore District pending disposal of the writ petition. Counsel for the Petitioner: SRI CH. C. KRISHNA REDDY Counsel for the Respondent No.liGP 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: Petitioner and which was % APHC010040542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] r. 0; TUESDAY,THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2375/2025 Between: 1.KASUMURU INDIRAMMA, W/ O LATE KASUMURU SUBBARAMI REDDY, AGED ABOUT 64 YEARS, OCC HOUSEWIFE, R/0 S.P.S.R.NELLORE KOTHAPETA, RAPUR, RAPUR MANDAL, DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL IRRIGATION DEPARTMENT, SECRETARY, SECRETARIAT, GUNTUR DISTRICT, ANDHRA VELAGAPUDI, AMARAVATHI PRADESH STATE. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, LAND ACQUISITION, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH STATE. 3.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT, SECRETARY FINANCE VELAGAPUDI, AMARAVATHI, PRADESH STATE. SECRETARIAT, GUNTUR DISTRICT, ANDHRA 4.THE DISTRICT COLLECTOR, NELLORE DISTRICT. S.P.S.R.NELLORE 5.THE SPECIAL COLLECTOR L A, TELUGU GANGA PROJECT, (i MULAPETA, NELLORE, S.P.S.R.NELLORE DISTRICT. 6.THE SPECIAL DEPUTY COLLECTOR PROJECT, RAPUR AT NELLORE, R. NELLORE DISTRICT L A. TELUGU GANGA MULAPETA. NELLORE, S. P. S. ...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 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. 166, extent Ac.0.36 cents Sy No 168 Tp S R Nef" n®';*' Penubarthi (yil), Rapur Mandaf L.A.A.S.No.108 of 2019, dated 05.11.2019 of the Honible IS arbitrary, illegal, without jurisdiction and consequently direct the r enhanced Compensation to the Credit of E P 29 S P S R n'"„ of the senior Civil Judge, clr S-P.S.R.Nellore District filed by the Petitioner and which was transferred to the Principal District Judge, Neliore, S.P.S.R.Nellore High Court of A.P. District and pass such lA NO: 1 OF 2C)?R Petition under Section 151 CPC in the affidavit filed i praying that in the circumstances stated in support of the petition, the High Court may be pleased ?nLe Respondents to deposit the enhanced Compensation to the Credit of E.P. No.29 of 2023 of the in L.A.O.P.No.21 of 1993 District filed by the c; P Q p K, „ r,. , transferred to the Principal District Judge, Neliore. S.P.S.R.Nellore District, pending disposal of the writ petition and pass such Senior Civil Judge, Gudur, S.P.S.R.Nellore Petitioner and which Counsel for the Petitioner: 1.CHC KRISHNA REDDY Counsel for the Respondent(S): 1.GP FOR LAND ACQUISITION 2. GP FOR IRRIGATION COMM AREA DEV 3.GP FOR FINANCE PLANNING THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION N0.2375 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 Ac.0.36 cents; Sy.No.168, an extent of Ac.0.54 cents, Sy.No.116, extent Reach No.25 of Penubarthi Village, Rapur Mandal, SPSR Nellore District in terms of the Judgment and decree in L.A.A.S. No.108 of 2019, dated 05.11.2019 on the file of this Court. 2. Heard Sri Ch. C. Krishna Reddy, learned counsel for the petitioner, 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. learned Government Pleader submits that since the Learned Assistant compensation granted by the Land Acquisition Officer as per the Award No.34/91-92, dated 20.03.1992 for the land and trees is very less, the matter was referred to this Court and was numbered as L.A.A.S.No.108 of 2019 and same was disposed of on 05.11.2019, with the following direction: 3. ''This appeal coming on for hearing, upon perusing the grounds of appeal, and upon hearing the arguments of Sri Chetiuru Sreenivas, Advocate for the Appellants and G.P., for Appeals for respondent No.1. The Court Doth order and decree as follows: . if n That this appeal be and hereby is allowed; That the claimant be and hereby is entitled for the compensation I. respect of the trees in the following manner; Mango, Acid Lime, Coconut, Guava, Jack- fruit & Sapota (Sapodilla) Tamarind Cheeni (sweet orange) Soap-nut Pomegranate Cashew Nut Trees Drumstick & Nerudu (Black Plum) Dates & Palmyra Trees Remaining Trees 1. 2. in Rs. 3,000/- per tree Rs. 6,000/- per tree : Rs. 4,000/- per tree Rs. 5,000/- per tree Rs. 2,500/- per tree Rs. 2,500/- per tree : Rs. 2,000/- per tree Rs. 300/- per tree Rs. 400/-per tree 3. That the claimant is also entitled for compensation at the above with all statutory benefits on the enhanced amounts. 4. That the claim for compensation of the land be and hereby Is rejected. 5. That the compensation for structures be and hereby Is enhanced by 80%.” rates 4. In reply, learned counsel for the petitioner requested this dispose of the writ petition by recording the submissions made by the learned Assistant Government Pleader. Court to 5. In view of the above, this writ petition is disposed of directing the respondents to deposit the enhanced E.P.No.29 of 2023 in L.A.O.P.No.21 of 1993 compensation to the credit of on the file of Senior Civil Judge, Gudur, SPSR Nellore District filed by the petitioner and which was transferred to the Principal District Judge, Nellore, 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// SECTION OFFICER To, 1. The Senior Civil Judge, Gudur, SPSR Nellore District. 2. The Principal District Judge, Nellore. 3. The Principal Secretary Irrigation Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh State. 4. The Principal Secretary, Land Acquisition, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh State. 5. The Principal Secretary, Finance Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh State. 6. The District Collector, Nellore, S.P.S.R.Nellore District. 7. The Special Collector(L. A.), Telugu Ganga Project, Mulapeta, Nellore, S.P.S.R.Nellore District. 8. The Special Deputy Collector(L. A.), Telugu Ganga Project, Rapur at Nellore, Mulapeta, Nellore, S. P. S. R. Nellore District 9. One CC to Sri Ch. C. Krishna Reddy, Advocate [OPUC] 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] 12. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 13. Two CD Copies. 10. 11. ssb i, HIGH COURT DATED:01/07/2025 ORDER WP No.2375 OF 2025 I 23JUL 2025 " ^ . Current Section ml, DISPOSING OF THE W.P. WITHOUT COSTS