APHC010007292022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY,THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 935/2022 Between: 1. N SUMATHAMMA, W/O N PARANDHAMA REDDY AGED ABOUT 68 YEARS, R/O VENGAREDDY KANDRIGA VILLAGE PANDURU PO, VARADIAHPALEM MANDAL CHITTOOR DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, ANDHRA PRADESH 2. DISTRICT COLLECTOR, CHITTOOR DISTRICT, ANDHRA PRADESH 3. REVENUE DIVISIONAL OFFICER, TIRUPATI, CHITTOOR DISTRICT, ANDHRA PRADESH 4. MANDAL REVENUE OFFICER, VARADIAHPALEM MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH 5. STATE OF ANDHRA PRADESH, REP. BY PRINCIPLE SECRETARY ROADS AND BUILDINGS DEPARTMENT, SECRETARIAT, VELAGAPUDI, ANDHRA PRADESH 6. THE EXECUTIVE ENGINEER, R AND B DIVISION, TIRUPATI ROADS AND BUILDINGS DEPARTMENT TIRUPATI 7. THE ENGINEERINCHIEF, R AND B(NABARD ANDLWE),ROADS AND BUILDINGS DEPARTMENT, VIJAYAWADA 2 HBKM,J W.P.No.935 of 2022 ...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 order or direction more particularly in the nature of Writ of Mandamus declaring the inaction on part of 2nd Respondent in paying the Award amount of Rs.1,35,602/- to the Petitioner in respect of Land Acquisition Award No. 02/2019 dated 31.10.2019 passed by the 2nd Respondent for land acquired to extent of Ac.0.05Cents in Sy.No. 379-2 in Aruduru Village of Varadiahpalem Mandal of Chittoor District for construction of High Rise Bridge at Rallavagu at 3/2 kms at Varadiahpalem- Chinnapanduru Road as illegal, arbitrary and violative of provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (ACT 30 OF 2013), Article 14, 21 and 300A of the Constitution of India and to direct the 2nd Respondent to pay the Award amount of Rs.1,35,602/- with an interest of 15 percent per anum to the Petitioner in respect of Land Acquisition Award no. 02/2019 passed by the 2nd Respondent dated 31.10.2019 and pass IA NO: 1 OF 2022 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 direct the 2nd Respondent to consider the representation dated 24.08.2021 for paying of Award Amount due to the Petitioner and pass 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 pleased to grant leave for filing counter affidavit in the W.P.No.935 of 2022 and to pass Counsel for the Petitioner: 1. N BHARATH SIMHA REDDY Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR REVENUE 3. GP FOR LAND ACQUISITION (AP) 4. K NARSI REDDY ( SC FOR APSRTC RAYALASEEMA ) 3 HBKM,J W.P.No.935 of 2022 The Court made the following Order: Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for the respondent Nos.1 to 4 and the learned Assistant Government Pleader for the respondent Nos.5 to 7. 2. This writ petition was filed questioning the inaction on the part of the 2nd respondent in paying the Award amount of Rs.1,35,602/- to the petitioner in respect of Land Acquisition Award No.02/2019 dated 31.10.2019 passed by the 2nd respondent for the land acquired to an extent of Ac.0.05 Cents in Sy.No.379-2 in Aruduru Village of Varadiahpalem Mandal of Chittoor District for construction of High Rise Bridge at Rallavagu at 3/2 kms at Varadiahpalem- Chinnapanduru Road. 3. On the other hand, the learned Assistant Government Pleader relying upon the counter affidavit of the 6th respondent submits that the work was entrusted to M/s KMR Constructions, Kadapa District at 6.00% less than the Estimate Contract Value vide C.R.Agt.No.115/2015-16 and the site was handed over to the firm on 25.02.2016 with a stipulation to complete the entire work within 12 months i.e., by 24.02.2017 with a three Milestones and the Engineer-In-Chief, (R&B) NABARD & LWE, Vijayawada has granted EOT up to 30.09.2019 without liquidated damages. The work was completed in all respects within the stipulated period of EOT except approaches. 4 HBKM,J W.P.No.935 of 2022 4. He further submits that the 6th respondent made correspondence with the 7th respondent for releasing required funds i.e., of Rs.23.31 lakhs through Budget Release Order by the Finance Department at the earliest possible time, so that the head of account can be mapped in CFMS and thereby the above bills can be uploaded for arranging payment by the Revenue Divisional Officer, Tirupati. In turn, the 7th respondent addressed several times to the 5th respondent for budget allotment towards Land Acquisition for an amount of Rs.23.31 lakhs under the HOA:5054-04-337-29-530-532 lands for the financial years 2021-22 & 2022-23. But still the allocation of funds for the above said Land Acquisition, compensation is awaited. Soon after allocation of the funds by the Government to the concerned authorities, the Revenue Divisional Officer, Tirupati will upload their bills in CFMS portal, accordingly, the payment will be made to the petitioner. 5. The learned Assistant Government Pleader appearing for the respondent Nos.1 to 4 could not secure any instructions from the respondent Nos.1 to 4 inspite of adjourning the matter number of times and the order of this Court dated 12.11.2025 is very clear on that aspect with regard to the obtaining instructions from the respondents and for reporting compliance by the respondents. 6. Since the above said bill amount is not clear so far and as there is no dispute with regard to the acquisition of the subject land and completion of the High Rise Bridge as stated in the counter of the 6th respondent, upon 5 HBKM,J W.P.No.935 of 2022 consideration of the facts and circumstances of this case, the respondents are directed to pay the bill amount of Rs.1,35,602/- to the petitioner with interest as per law within a period of three (03) months from the date of receipt of this order. 7. Accordingly, this 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, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 08.12.2025 PGT