APHC010220652020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 14515/2020 Between: 1. PISINI RAMA SATYANARAYANA, S/O. SAHEB AGE 60 ADDRESS R/O. D.NO.3-40, SIVARAOPET, MARTERU VILLAGE, PENUMANTRA MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH STATE ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY THE PRINCIPAL SECRETARY TO DEPARTMENT OF LAND ACQUISITION, ADDRESS SECRETARIAT, VELAGAPUDI, TULLURU MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH STATE. 2. THE DISTRICT COLLECTORLAND ACQUISITION, WEST GODAVARI DISTRICT ADDRESS O/O. COLLECTORATE, ELURU, WEST GODAVARI DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISION, KOVVUR ADDRESS KOVVUR, WEST GODAVARI DISTRICT 4. THE TAHSILDAR, PENUMANTRA MANDAL ADDRESS PENUMANTRA MANDAL, WEST GODAVARI DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. RAMA MURTY P V S A 2 HBKM,J W.P.No.14515 of 2020 Counsel for the Respondent(S): 1. GP FOR LAND ACQUISITION 2. GP FOR REVENUE 3 HBKM,J W.P.No.14515 of 2020 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 2. This writ petition was filed questioning the action of the respondents in not paying the compensation amount of Rs.2,91,240-00 for the rest of Ac.0-07 Cents out of Ac.1-38 cents in R.S.Nos.75/2C and 75/5 situated at Marteru Village, Penumantra Mandal, West Godavari District as paid an amount of Rs.54,50,335-00 out of total compensation amount of Rs.57,41,575-00 for an extent of Ac.1-31 Cents out of total extent of Ac.1-38 Cents as shown in the revenue records rather than the title deeds and pattadar passbook of the petitioner, which was issued by the respondent authorities, as acquired by the respondent authorities for the purpose of new housing scheme “Navaratnalu- Pedaladariki Illu”. 3. On the other hand, the learned Assistant Government Pleader relying upon the counter affidavit of the 4th respondent submits that though in the document No.82/1952 dated 18.01.1952, it was mentioned that the extent covered by the 1st parcel is Ac.0.50 cents and the extent covered by the second parcel is Ac.0.48 cents, altogether Ac.0.98 cents, it is clearly recited further in the relevant para of the said sale deed (3rd page) that the extents are mentioned approximately only. That means at the time of execution of the sale deed, the above parcels were physically not measured and they were noted as mentioned in the said document. There is no dispute with regard to 4 HBKM,J W.P.No.14515 of 2020 the Sy.No.75-5 as the writ petitioner was paid compensation for the entire extent of Ac.0.40 cents as claimed by him. 4. The writ petitioner and the other land owners voluntarily approached the respondents by offering to part their lands for voluntary acquisition for provision of house sites to the weaker sections in Marteru village. Based on their consents, the Government has notified their lands for acquisition and they have entered into agreement with the Government in Form G-III as provided U/s 30A of the Land Acquisition Act (Amended Act 22 of 2018) and the compensation was fixed at Rs.39,44,749/- per acre. The writ petitioner being a literate person signed the agreement in Form-G-III stating that he is willing to sell his lands measuring Ac.0.93 cents in Sy.No.75-2A and Ac.0.40 cents in Sy.No.75-5, altogether Ac.1.33 cents. Accordingly, the award was passed for Rs.52,46,517/- (towards the land compensation for total extent of Ac.1.33 cents) and Rs.2,03,818/- towards value of crop and trees, altogether Rs.54,50,335/- and the same was credited to his Bank Account through CFMS on 31.03.2020. The writ petitioner handed over the physical possession of the land in an extent of Ac.1.33 cents only to the Government on 06.04.2020 and the layout was already developed in the said land along with the other lands. He is not entitled for compensation to an extent of Ac.1.38 cents as claimed by him. In all occasions i.e., at the publication of Form-C, entering into agreement in Form G-III, receiving the compensation and handing over of the possession of the land, the writ petitioner being literate person claimed 5 HBKM,J W.P.No.14515 of 2020 compensation for Ac.1.33 cents only. Accordingly, the compensation was paid. 5. In reply, the learned counsel for the petitioner submits that as per the document, though it is mentioned approximately, it should have been treated as Ac.1.38 cents. 6. In view of the above said facts and circumstances, as there is no force in the contention of the writ petitioner to show that the excess land was available and it was given under acquisition to an extent of Ac.0.07 cents which can’t be gone into in this writ petition, the same is liable to be dismissed giving liberty for the petitioner to establish the said fact before the competent civil court if so advised. 7. Accordingly, this Writ Petition is dismissed. 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 25.09.2025 PGT