APHC010475012023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION Nos.24559 of 2023 and 9411 of 2020 WRIT PETITION No.24559 of 2023 Between: 1. UPPALA NAGAIAH @ UPPALA NAGESWARA RAO, S/O. LATE BALA KRISHNA RAO, AGED 50 YEARS,R/O. FLAT NO. 202, PLOT NO.60, JAYANTHI NIVAS,PRAGATHI NAGAR, OPP . JNTU, KUKATPALLY,HYDERABAD, TELANGANA STATE. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, IRRIGATION AND COMMAND AREA DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ,ELURU (ERSTWHILE WEST GODAVARI) DISTRICT AT ELURU. 3. THE REVENUE DIVISIONAL OFFICER CUM LAO, JANGAREDDYGUDEM REVENUE DIVISION JANGAREDDYGUDEM, ELURU DISTRICT. , AP., 4. THE SPECIAL DEPUTY COLLECTOR, POLAVARAM IRRIGATION PROJECT - RIGHT WIN CANAL - UNIT II COLLECTORATE COMPOUND, ELURU, ELURU DISTRICT. 5. THE PROJECT ADMINISTRATOR, POLAVARAM IRRIGATION PROJECT AND EX-OFFICIO JOINT COLLECTOR, RAJAMAHENDRAVARAM, E. G. DISTRICT. 6. THE PROJECT OFFICER, I.T.D.A., K.R.PURAM, ELURU DISTRICT. 7. THE TAHSILDAR, BUTTAIGUDEM MANDAL,BUTTAIGUDEM, ELURU DISTRICT. 2 8. UPPALA KANAKAMMA, W/O. LATE BALA KRISHNA RAO, AGED ABOUT 75 YEARS, R/O. RAMANNAGUDEM VILLAGE, BUTTAIGUDEM MANDAL, WEST GODAVARI DISTRICT. 9. UPPALA VENKATA RAMANA RAO, S/O. LATE BALA KRISHNA RAO, R/O. D.NO. 2-43, RAMANNAGUDEM VILLAGE, BUTTAIGUDEM MANDAL, WEST GODAVARI DISTRICT. 10. NALLAPU SUBBA LAKSHMI, W/O. THRIMURTHULU, R/O. RAMANNAGUDEM VILLAGE, BUTTAIGUDEM MANDAL, WEST GODAVARI 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 to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction on the part of respondents on the petitioner representation dt. 17.08.2023 submitted seeking payment of 20 percent share of compensation, rehabilitation and resettlement benefits payable for the land admeasuring Ac 8.02 Cents comprising Ac. 0.66 cents in Sy. No. 50, Ac. 1.32 cents in Sy. No. 72-3 and Ac. 1.50 cents in Sy. No. 51/2e2, Ac. 1.83 cents in Sy. No. 74-1A and Ac. 2.71 cents in Sy. No. 17-1B situated at Ramannagudem village in Buttaigudem Mandal of Eluru district acquired for public purpose pursuant to Award No. 2 of 2019, dt. 14.08.2019 and contemplating to pay the entire compensation to the Respondents No. 8 to 10 without recognizing the petitioner right therein, as illegal, irregular, arbitrary, violative of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and rules framed there under and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents to pay him 20percent out of the compensation, rehabilitation and resettlement benefits for the aforesaid lands acquired or refer the dispute to the competent authority under Section 64 by depositing the compensation amount with competent authority under Section 77 of said statute. Counsel for the Petitioner: 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. GP FOR REVENUE 3 2. GP FOR IRRIGATION COMM AREA DEV 3. P R K AMERANDRA KUMAR WRIT PETITION No.9411 of 2020 Between: 1. UPPALA VENKATA RAMANA,, S/0 LATE BALAKRISHNA RAO, R/O H.NO 2-43, RIO RAMANNAGUDEM VILLAGE BUTTAIGUDEM MANDAL, WEST GODAVARI DIST. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY.ITS SECRETARY, IRRIGATION AND COMMANDA AREA DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DIST. 2. THE LANDA ACQUISITION OFFICER/ DIST COLLECTOR, , WEST GODAVARI DIST, ELURU. 3. THE R AND R OFFICER/PROJECT OFFICER, I.T.D.A K.R.PURAM, WEST GODAVARI DIST. 4. UPPALA KANAKAMMA, W/O LATE BALAKRISHNA RAO, AGED ABOUT 70 YRS, R/O RAMANNAGUDEM VILLAGE, BUTTAIGUDEM MANDAL, WEST GODAVARI DIST. ...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 to issue order direction writ more particularly one in the nature of writ of Mandamus declare the action of the respondents to release the compensation amount in favour of the 4th respondents as per the award no 2 of 2019 dt.14.8.2019 in respect of the land covered in R.S.No 74/1a ac. 1- 83 cts and R.S.No 17/lb Ac 2-71cts R.S.No 50 Ac.0-66 cts and R.S.No 72/3Ac.1-32 situated at Ramannagudem Village Buttaigudem Mandal West Godavari Dist as illegal arbitrary and contrary of the provision of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 and consequentially direct the 2nd and 3rd respondents to refer the case to competent authority under section 64 of the Land Acquisition Act 30 of 2014 for apportionment of the compensation is respect of the schedule land. 4 Counsel for the Petitioner: 1. P R K AMERANDRA KUMAR Counsel for the Respondent(S): 1. GP FOR LAND ACQUISITION 2. K JYOTHI PRASAD 3. GP FOR IRRI AND CAD (AP) The Court made the following: 5 COMMON ORDER: The parties in both the Writ Petitions are related to each other. The reliefs sought for in both these Writ Petitions are that the petitioners are claiming compensation to the very same subject property. 2. The facts that narrated in the affidavit in W.P.No.9411 of 2020 are in the following manner: "Petitioner submits that the Govt. of A.P. with an intention to provide land to the project displaced families of Polavaram Project issued Land acquisition notification acquiring the land situated in the Ramannagudem village Buttaigudem Mandal. In the said connection the 2nd respondent issued a preliminary notification under Section 11(1) of the Land Acquisition Act in Proc.E-1450954/2017 R&R dt.19.08.2018 for an extent of Ac.229.58 cts situated in Ramannagudem Village Buttaigudem Mandal including petitioner’s lands. during the award enquiry petitioner brought to the notice of the 3rd respondent stating that the schedule land covered in R.S.No.50 Ac.0.66 cts and R.S.No.72/3 Ac.1.32 mentioned in the pattedar Column petitioner’s father name was mentioned who died in the year 2003 and the land covered in R.S.No.74/1a Ac.1.83 cts and R.S.No.17/1b Ac.2.71 cts dispute is pending before the Govt. as per the orders of this Hon’ble Court in W.P.No.19835 of 2010. Though the petitioner brought to the notice of the 3rd respondent about the same passed an award no.2 of 2019 dt.14.8.2019. As per the award compensation was awarded in favour of dead 6 person and also disputed land which is pending before the Govt. as per the order of this Hon’ble Court. Hence petitioner made an application to the 2nd & 3rd respondents on 2.9.2019 to refer the matter to competent authority under Section 64 of the L.A.Act and deposit the compensation amount under Section 77 of the L.A.Act. Though a request was made to the 2nd & 3rd respondents to refer the case to competent authority but the reasons best known to them going to release the compensation to the 4th respondent. If the respondents 2 & 3 release the compensation in favour of 4th respondent, petitioner will be suffer irreparable loss and Hardship hence this writ petition." 3. The writ petitioner in W.P.No.24559 of 202 claims the compensation for the very same property as claimed by the writ petitioner in W.P.No.9411 of 2020. 4. Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, ‘the Act’) envisages that any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Authority, as the case may be, whether his objection be to the measurement of the land, the amount of compensation, the person to whom it is payable, the rights of Rehabilitation and Resettlement under Chapters V and VI or the apportionment of the compensation among the persons interested. When there is a dispute regarding to whom the 7 compensation is payable, invariably it has to be decided by the authority under Section 64 of the Act. 5. The reliefs claimed in both the Writ Petitions are one and the same. The Writ Petitions are filed seeking direction to the respondents to refer the award to the authority under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 6. Hence, this Court is inclined to dispose of these Writ Petitions with a direction to the respondents to refer the matter to the concerned authority under Section 64 of the Act within a period of three weeks from the date of receipt of a copy of this order. 7. Under Section 77(2) of the Act, if there be any dispute as to the title to receive the compensation or as to the apportionment of it, the Collector shall deposit the amount of the compensation in the Authority to which a reference under Section 64 of the Act would be submitted. In view of the aforesaid provisions, it is needless to say that the Special Deputy Collector has to deposit the amount of compensation before the authority. 8. With the above direction, both the Writ Petitions stand disposed of. There shall be no order as to costs. As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 30.12.2025 siva 8 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION Nos.24559 of 2023 and 9411 of 2020 Date: 30.12.2025 siva