APHC010588552023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY,THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 30375/2023 Between: 1. MALIREDDY KUSUMA KUMARI, W/O. AUDINARAYANA REDDY, AGED ABOUT 63 YEARS, OCC. AGRICULTURE, R/O. GUNDAVOLU VILLAGE AND POST, RAPUR MANDAL, SPSR NELLORE DISTRICT. 2. MALIREDDY SHANKAR REDDY,, S/O. LAKSHMANA REDDY, AGED ABOUT 55 YEARS, OCC. AGRICULTURE, R/O. GUNDAVOLU VILLAGE AND POST, RAPUR MANDAL, SPSR NELLORE DISTRICT. 3. MALIREDDY RAJA GOPAL REDDY,, S/O. RAMACHANDRA REDDY, AGED ABOUT 67 YEARS, OCC. AGRICULTURE, R/O. GUNDAVOLU VILLAGE AND POST, RAPUR MANDAL, SPSR NELLORE DISTRICT. 4. RACHAKONDA MASTHANAIAH,, S/O. LATE RACHAKONDA CHINA MASTHANAIAH, AGED ABOUT 58 YEARS, OCC. AGRICULTURE, R/O.GUNDAVOLU VILLAGE AND POST, RAPUR MANDAL, SPSR NELLORE DISTRICT. 5. GANGODI PURUSHOTHAM,, S/O. VENKATA SUBBAIAH, AGED ABOUT 60 YEARS, OCC. AGRICULTURE, R/O. GUNDAVOLU VILLAGE AND POST, RAPUR MANDAL, SPSR NELLORE DISTRICT. 6. MALIREDDY ANNAPURNAMMA, , W/O.LAKSHMINARASA REDDY, AGED ABOUT 85 YEARS, OCC. AGRICULTURE, R/O. GUNDAVOLU VILLAGE AND POST, RAPUR MANDAL, SPSR NELLORE DISTRICT. 7. MALIREDDY NARAYANA REDDY,, S/O. LAKSHMINARASA REDDY, AGED ABOUT 66 YEARS, OCC. AGRICULTURE, R/O. GUNDAVOLU VILLAGE AND POST, RAPUR MANDAL, SPSR NELLORE DISTRICT. 8. MACHIRAJU VIJAYA BHASKAR RAJU, S/O. GURAVA RAJU, AGED ABOUT 60 YEARS, OCC. AGRICULTURE, R/O. GUNDAVOLU VILLAGE AND POST, RAPUR MANDAL, SPSR NELLORE DISTRICT. 9. MACHIRAJU PENCHALA NARASIMHULU,, S/O. GURAVA RAJU, AGED ABOUT 65 YEARS, OCC. AGRICULTURE, R/O. GUNDAVOLU VILLAGE AND POST, RAPUR MANDAL, SPSR 2 NELLORE DISTRICT. 10. K.LAKSHMAMMA,, W/O. BALA SUBBA RAJU, AGED ABOUT 63 YEARS, OCC. AGRICULTURE, R/O. GUNDAVOLU VILLAGE AND POST, RAPUR MANDAL, SPSR NELLORE DISTRICT. 11. MACHIRAJU SUBBA RAJU,, S/O. GURAVA RAJU, AGED ABOUT 55 YEARS, OCC. AGRICULTURE, R/O. GUNDAVOLU VILLAGE AND POST, RAPUR MANDAL, SPSR NELLORE DISTRICT. 12. ALAKUNTA PENCHALAIAH,, S/O. PAPAIAH, AGED ABOUT 77 YEARS, OCC. AGRICULTURE, R/O. GUNDAVOLU VILLAGE AND POST, RAPUR MANDAL, SPSR NELLORE DISTRICT. 13. KADIRI VENKATA KRISHNAIAH,, S/O. PENCHALAIAH, AGED ABOUT 55 YEARS, OCC. AGRICULTURE, R/O. GUNDAVOLU VILLAGE AND POST, RAPUR MANDAL, SPSR NELLORE DISTRICT ...PETITIONER(S) AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT. 3. THE SPECIAL COLLECTOR, (LAND ACQUISITION), TELUGU GANGA PROJECT, MULAPET, NELLORC, SPSR NELLORE DISTRICT. 4. THE SPECIAL DEPUTY COLLECTOR, (LAND ACQUISILOII), TELUGU GANGA PROJECT, RAPUR AT NELLORE, MULAPET, NELLORE, SPSR NELLORE 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 or direction more particularly in the nature of Writ of Mandamus, declaring the action of the Respondent No.4 in not referring the Petitioners application dated 07.11.2014 made under Section 28-A of the Land Acquisition Act for redetermination of the amount of the compensation on the basis of the award passed in Decree and Judgment in L.A.O.P.No.1 of 2011 dated 22.09.2014 as illegal, improper, unjust, arbitrary and contrary to Section 28-A of the Land Acquisition Act and violative of Article 14, 21 AND 300-A of the Constitution of India and consequently direct the Respondents to consider the applications dated 07.11.2014 submitted by the Petitioners under Section 28-A of Land Acquisition Act to re- determine the amount of the compensation on the basis of the award 3 passed in Decree and Judgment in L.A.O.P.No.1 of 2011 dated 22.09.2014 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 direct the 4th respondent to refer the applications dated 07.11.2014 made under Section 28-A of Land Acquisition Act to the Respondent No.2, forthwith, pending disposal of the Writ Petition and pass IA NO: 1 OF 2025 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 may be pleased to direct the Respondent No.4to deposit 50% of the enhanced amount along with statutory benefits within aperiod of four (4) months, pending disposal of the Writ Petition and pass Counsel for the Petitioner(S): 1. K RAGHU VEER Counsel for the Respondent(S): 1. GP FOR LAND ACQUISITION 2. GP FOR IRRIGATION COMM AREA DEV 4 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.30375 of 2023 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a Writ or direction more particularly in the nature of Writ of Mandamus, declaring the action of the Respondent No.4 in not referring the Petitioners application dated 07.11.2014 made under Section 28-A of the Land Acquisition Act for redetermination of the amount of the compensation on the basis of the award passed in Decree and Judgment in L.A.O.P.No.1 of 2011 dated 22.09.2014 as illegal, improper, unjust, arbitrary and contrary to Section 28-A of the Land Acquisition Act and violative of Article 14, 21 AND 300-A of the Constitution of India and consequently direct the Respondents to consider the applications dated 07.11.2014 submitted by the Petitioners under Section 28- A of Land Acquisition Act to re-determine the amount of the compensation on the basis of the award passed in Decree and Judgment in L.A.O.P.No.1 of 2011 dated 22.09.2014 and pass such other order.…” 2. Heard learned counsel for petitioners and learned Assistant Government Pleader for the respondents. 3. When the matter is taken up for hearing, learned counsel for the petitioners would submit that the issue involved in this Writ Petition is squarely covered by the order dated 07.10.2025 passed by this Court in Writ Petition No.25012 of 2025 and requested to pass a similar order in this writ petition also. 4. For better understanding, the operative portion of the said order reads as follows: “…Therefore, the present Writ Petition is disposed of directing respondent No.4 to examine and address the 5 applications dated 29.04.2024, filed by petitioners under Section 28A of the Act, and pass appropriate orders in accordance with law keeping in view of the order of the Hon’ble Apex court referred supra and the order of this Court in W.P.No.1813 of 2025 and communicate the decision to the petitioners within a period of six (06) weeks from the date of receipt of a copy of this order. 5. The same is not disputed by the learned Assistant Government Pleader appearing for the respondents. 6. In view of the same, let there be a similar order in this case, following the identical lines as in Writ Petition No.25012 of 2025, dated 07.10.2025. 7. In the result, the Writ Petition is disposed of with the following directions: “The respondent No.4 is directed to examine and address the application dated 07.11.2014, filed by petitioners under Section 28A of the Act, and pass appropriate orders in accordance with law keeping in view of the order of the Hon’ble Apex Court and the order of this Court in W.P.No.1813 of 2025 and communicate the decision to the petitioners within a period of six (06) weeks from the date of receipt of a copy of this order.” 8. Registry is directed to attach a copy of the order passed by this Court in Writ Petition No.25012 of 2025 dated 07.10.2025, to this order. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 05.11.2025 KBN