APHC010094652023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 4720 OF 2023 . Between; 1. Rendia Subba Reddy, S/o. Subbaiah, Aged 64 years, 2. Mukkara Goppi Reddy, S/o. Late Lakshmi Reddy Aged 70 years 3. Kudumula Krishna Reddy, S/o. Gopi Reddy, Aged 64 years (LR of Kudumula Masthanamma) 4. G. Shuban Bee, W/o. Chakravarthy, Aged 50 years (LR of Valluru Santaiah) 5. Dunnuthula Polireddygari Venkata Subba Reddy, S/o. YeFla Reddy, Aged 70 Years, 6. Male Adilakshumma, W/o. Chinnapa Reddy Aged 52 years 7. Kothuru Lakshminarasamma, W/o. Ramachandra Reddy, Aged 65 years (All the Petitioners are residents of Newmallinenpatnam Village, Peddapalli Post, Siddavatam Mandal, Y.S.R. District) ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary. Water Resources Management Department (Irrigation and Command Area Development), Secretariat, Velagapudi, Amaravati. 2. The Special Collector (LA), Galerunagari Sujala, Sravanthi Project Kadapa, Kadapa District. 3. Special Deputy Collector Annamayya District (LA) Unit-IV, Somasila Project, Rajampet ...Respondents 226 of the Constitution of India praying that in the affidavit filed therewith, the High Court may be order or direction or writ, more particularly one in the Petition under Article circumstances stated in the pleased to issue an of Writ of Mandamus declaring the action of the respondent authorities nature in not referring the applications filed by the petitioners U/s 18 of the Land Acquisition Act to Civil Court for fixing fair and just compensation in respect of 2 of 1994, dated 08.03.1994 as highly arbitrary, illegal. the award bearing No. void principles of natural justice violative of fundamental rights apart 300-A of the Constitution of India and contrary to Provisions of null and from the Article U/s 18 of the Land Acquisition Act and consequently to direct the respondent refer the applications dated 10.04.1994 to the Competent Civil authorities to Court U/s 18 of the Land Acquisition Act. lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in supporf of the petition, the High Court may be pleased to refer the applications filed by the petitioners U/s 18 of the Land Acquisition Act Court for fixing just and fair compensation, pending to competent Civil disposal of the writ above petition pending disposal of the above writ petition. Counsel for the Petitioners; NAGENDRA BABU.U Counsel for the Respondent No.1: GP FOR IRRIGATION & COMM AREA DEV. Counsel for the Respondent Nos.2^ 3; GP FOR LAND ACQUISITION The Court made the following THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 4720 of 2023 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s: ....to issue an order or direction or writ, more particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in not referring the applications filed by the petitioners U/s 18 of the Land Acquisition Act to Civil Court for fixing fair and just compensation in respect of the award bearing No.2 of 1994, dated 08.03.1994 as highly arbitrary, illegal, null void principles of natural justice violative of fundamental rights apart from the Article 300-A of the Constitution of India and contrary to Provisions of U/s 18 of the Land Acquisition Act and consequently to direct the respondent authorities to refer the applications dated 10.04.1994 to the Competent Civil Court U/s 18 of the Land Acquisition Act and to pass such other order or orders.... Learned Assistant Government Pleader placed order dated 20.06.2025 in W.P. No.14578 of 2025, and requested this Court to similar order and the counsel for the petitioners consented for passing of the similar order. and 2. pass t 2 Therefore, the present Writ Petition is disposed of in terms of order dated 20.06.2025, passed in W.P. No. 14578 of 2025. Office is directed to attach a copy of the said order along with this order. There 3. shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any shall stand closed. Sd/- T. SRINIVASA RAO ASSISTANT REGISTRAR //TRUE COPY// A -Si. SECTION OFFICER 1. The Principal Secretary, State of Andhra Pradesh, Water Resources Management Department (Irrigation and Command Area Development), Secretariat, Velagapudi, Amaravati. 2. The Special Collector (LA), Galerunagari Sujala, Sravanthi Project, Kadapa, Kadapa District. 3. Special Deputy Collector (LA) Unit-IV, Somasila Project, Rajampet, Annamayya District 4. One CC to SRI. NAGENDRA BABU.U Advocate [OPUC] 5. Two CCS to GP FOR LAND ACQUISITION, High Court of Andhra Pradesh [OUT] 6. Two CCs to GP FOR IRRIGATION & COMM AREA DEV. of Andhra Pradesh [OUT] 7. Two CD Copies To, High Court sree *Along with a copy of the Order dated 20.06.2025 W.P.No.14578 of 2025 passed in 8^ HIGH COURT DATE0:25/09/2025 ORDER WP NO. 4720 OF 2023 DISPOSING OF THE W.P. WITHOUT COSTS \ APHC010260822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY ,THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14578/2025 Between: Vempalli Venkata Ramana Rao @ Venkataramana and Others ...PETITIONER(S) AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.JESTADI PRUDVI RAJU Counsel for the Respondent(S): 1.GP FOR LAND ACQUISITION The Court made the following: f THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14578/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction on the part of the 3^^ respondent in not referring the petitioners’ applications under Section 18 of the Land Acquisition Act, 1894, to the competent civil Court for enhancement of compensation is illegal, irregula,r irrational, violative of provisions of Land Acquisition Act, 1894 and offends Article 300-A of Constitution of India and consequently direct the 3^^ respondent to refer the petitioners’ applications submitted under Section 18 of the Land Acquisition Act, 1894, to the competent civil Court and pass such other order or orders.... ’’ 2. The case of the petitioners herein in brief is that the petitioners herein are the absolute owners and possessors of the agricultural lands situated in Rekalakunta Village (Sidhout Taluka), Gopavaram Mandal, YSR Kadapa District and their lands got identified as submerged lands under the Somasila reservoir Project. By confirming the same, the respondent authorities acquired the lands of the petitioners by invoking urgency clause under Section 17(1) of the Land Acquisition Act, 1894 by dispensing with Section 5(A) enquiry under Later, an award dated 06.02.1984 was also provisions of the Act, 1894. passed in favour of the petitioners herein. The further case of the petitioners is that while passing of the award, the 3. respondents awarded meagre compensation and the petitioners herein have received the said compensation under protest. Later the petitioners herein submitted their applications under Section 18 of the Act within the stipulated time requesting the respondent No.3 herein to refer their claims to the civil Court for enhancement of the compensation. Even after competent receipt of the said applications, respondent No.3 neither acted upon the matter to the competent civil court. Aggrieved by the said action nor referred the petitioners herein filed the present writ petition, learned counsel for the petitioners and learned Government Pleader for Revenue for the respondents. 3. Heard counsel for the petitioners while reiterating the contents of the the orders dated 18.04.2019 4. Learned writ affidavit wherein reliance was placed on Coordinate Bench of this Court in W.P.No.6358 of 2017 and passed by a prayed to allow the writ petition in similar lines Government Pleader for the respondents reported no objection for submission made by the learned counsel for the petitioners. 6. In the decision relied upon by the learned counsel for the petitioners a coordinate Bench of this Court held as follows; 5. Learned The specific plea of the petitioners is that they have not of the same, the respondents matter to the civil Court under Section 18 of signed in any consent forms. In view are directed to refer the . the Act and the civil Court Is directed to decide the issue as to whether have signed consent forms along with reference under Section 18 of the Act. ” 7. The facts of the case on hand are akin to the facts of the decision referred to supra relied upon by the learned counsel for the petitioners. Therefore, in terms of the said order and for the reasons stated alike, this writ petition can be disposed of in similar lines. Accordingly, the writ petition is disposed of, directing the respondents to refer the matter to the civil Court under Section 18 of the Act and the civil Court is directed to decide the issue as to whether the petitioners have signed the consent forms along with reference under Section 18 of the Act without reference to the delay in referring the matter for further adjudication and enhancement of compensation. There shall be no order as to costs. 'rnvf 8. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. VENKATESWARLU NIMMAGADDA, J 20.06.2025 BSP