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2025 DAILYLAW 53434 (AP)

CHILLA SWARNALATHA v. THE STATE OF ANDHRA PRADESH

WP/24311/2024 · 2025-04-30

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24311 OF 2024 Between: 1. Chilla Swarnalatha, W/o. Late Chilla Narasimha Reddy, Residing at D.No.2-225, Kapupalli Village, Mangampet, Obulavaripalli Mandal, Annamayya District, Andhra Pradesh - 516 105. 2. Chilla Manemma, W/o. Late Chilla Narasimha Reddy, Residing at Kapupalli Village, Mangampet, Obulavaripalli Mandal, Annamayya District, Andhra Pradesh - 516 105. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Special Chief Secretary Department of Revenue, Secretariat Buildings, Velagapudi Village, Amaravati. 2. The District Collector, Annamayya District, Andhra Pradesh. 3. The Sub Collector, Rajampeta,Annamayya District, Andhra Pradesh. 4. The Thasildar, Obulavaripalli, Annamayya District, Andhra Pradesh-516 105. 9^ 5. The Land Acquisition Rehabilitation Resettlement Authority, Rep. by Hon’ble Presiding Officer, Tirupathi, Tirupathi District. (R5 is impleaded as per the Court’s order dated 05.05.2025 in I.A.No.02 of 2024 in writ petition and affidavit) ...Respondents 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 more particularly in the form of Writ of Mandamus declaring the action of the respondents in not disbursing the compensation amount in pursuance to land acquisition notification vide Reference. No.H/2146/20147 published in Sakshi Daily newspaper on 27.01.2019 for establishing a wastage dumpyard, to the 2"^^ petitioner in respect of house bearing D.No.153/1 in land upto an extent of 158.43 Sq. Mts in Sy.No.46/2, Mangampet Kapupalli Village fields, Obulavaripalli Mandal, PuHampeta Sub District, Annamayya District even after a confession agreement had been entered upon and submitted to the respondent authorities is as per se illegal, manifestly arbitrary, unreasonable, irrational, perverse, unfair, biased, preposterous, whimsical, capricious, unconscionable, unconstitutional besides being violative of Principles of Natural Justice besides being opposed to the very spirit and object of Justice and Fair-play and Fundamental Rights guaranteed under Article 19 of the Constitution of India and for a consequential direction to disburse the compensation amount. lA NO: 1 OF 2024 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 disburse the compensation amount with respect to house bearing D.No. 153/1 in land upto an extent of 158.43 Sq. Mts in Sy.No.46/2, Mangampet Kapupalli Village fields, Obulavaripalli Mandal, Pullampeta Sub District, Annamayya District, pending disposal of the writ petition. Counsel for the Petitioner: SRI VMR LEGAL Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: GP FOR LAND ACQUISITION The Court made the following: APHC010464542024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24311/2024 Between: ...PETITIONER(S) Chilla Swarnalatha and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.VMR LEGAL Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: ORDER: is filed under Article 226 of the Constitution of India, to This writ petition issue Writ of disbursing the compensation amount in pursuance to land acquisition notification H/2146/20147 published in Sakshi Daily newspaper on tapiishing a wastage dumpyard, to the 2^^ petitioner in respect Q No.153/1 in land upto an extent of 158.43 Sq. Mts in Kapupalli Village fields, Obulavaripalli Mandal, 1. IVIandamus declaring the action of the respondents in not vide Reference.No. 27.01.2019 for es of house bearing Mangampet District, Annamayya District even after a confession agreement Sy.No.46/2 Pullampeta Sub had been entered upon and submitted to the respondent authorities is as per se , unreasonable, irrational, perverse, unfair, biased. illegal, manifestly arbitrary preposterous, being violative whimsical, capricious, unconscionable, unconstitutional besides of Principles of Natural Justice besides being opposed to the very of Justice and Fair-play and Fundamental Rights guaranteed of the Constitution of India and for a consequential direction to ensation amount. spirit and object under Article 19 disburse the comp herein are the claimants in respect of the subject property 2. The petitioners cquired by Respondent No.3 herein for public purpose. Because of eedings between the petitioners and the land acquisition which was the legal proc though the land of the petitioners was acquired and the Award the petitioner did not receive the award amount due, pending authorities, even was passed, but legal proceedings. Learned counsel for the petitioners submit that, pending litigation, both the petitioners herein compromised and they were willing to receive the Award amount which was deposited with the authority under Section 64 of Act 30 of 2013, for which the matter was referred in which the Award amount was already deposited. Considering the claim of the petitioner and the material placed record with the writ petition, more particularly, letter submitted by both the petitioners on 20.08.2024, the matter can be disposed of. 3. on 4. On the other hand, learned Government Pleader for Revenue expressed no objection for considering the claim of the petitioner by the competent authority appointed under Section 64 of Act No.30 of 2013. Having regard to the submissions made by learned counsel for the petitioner and learned Government Pleader for Revenue, this Court is of the considered view that the writ petition can be disposed of, directing the petitioners herein to submit appropriate application/representation before the competent authority under Section 64 of Act No.30 of 2013, within a period of one week from the date of receipt of copy of this order. After such submission, the competent authority is directed to dispose of the said application/represe ntation submitted by the petitioner for disbursement of the deposited amount pursuant to the awarded passed in favour of the petitioners, within a period of six weeks thereafter. No order as to costs. 5. \ 6. Consequently, Miscellaneous Petitions, if any, pending in the contempt case shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// \ SECTION OFFICER To, 1. The Special Chief Secretary, State of Andhra Pradesh, Department of Revenue, Secretariat Buildings, Velagapudi Village, Amaravati. 2. The District Collector, Arinamayya District, Andhra Pradesh. 3. The Sub Cbflector, Rajampeta,Annamayya District, Andhra Pradesh. 4. The Thasildar, Obulavaripalli, Annamayya District Andhra Pradesh-516 105. 5. The Presiding Officer, The Land Acquisition Rehabilitation Resettlement Authority, Tirupathi, Tirupathi District. 6. One CC to Sri VMR Legal, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] 8. Two CCs to GP for Land Acquisition, High Court Of Andhra Pradesh. [OUT] 9. Three CD Copies sree HIGH COURT DATED:05/05/2025 11 7V^ > . Curreni d«cuon ^ ^<0£spatch^ ORDER X WP.No.24311 of 2024 DISPOSING OF THE W.P. WITHOUT COSTS