Sanka Babu Nagendra Sai alias Saibabu, v. The District Collector ,
WP/7081/2021 · 2025-01-01
Ravi Cheemalapati
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 54027 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 54027 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010121182021
IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE NINTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT:THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI I.A.No.1 of 2025 in Between:
1. SANKA BABU NAGENDRA SAI ALIAS SAIBABU,, S/O.LATE SANKA LINGA RAJU, AGED 66 YEARS, RESIDING AT D .NO.20 INDIRA ENCLAVE, AYODHYANAGAR, VIJAYAWADA
2. SANKA RAVI SEKHAR,, S/O. (LATE) SANKA LINGA RAJU, AGED 56 YEARS, OCC. PRIVATE EMPLOYEE, D.NO.11 COLONY, NEAR WATER TANK, NUNNA KRISHNA DISTRICT,
3. KANUPAFTHI VIJAYA BHARATHI,, W/O. (LATE) GOVINDA RAO, HINDU, AGED ABOUT 72 YEARS, OCC. HOUSEWIFE, R/O. FLAT NO.502, K.R. SERINITY ADDAGUTTA, OPP. JN HYDERABAD, PETITIONERS 2 863 ARE REPRESENTED BY ITS' GPA SANKA BABU NAGENDRA SAI ALIAS SAIBABU, S/O.LATE SANKA LINGA RAJU, AGED 66 YEARS, RESIDING AT D.NO.20 7/305, INDIRA ENCLAVE, AYODHYANAGAR, VIJAYAWADA
1. THE DISTRICT COLLECTOR, GUNTUR, GUNTUR DISTRICT. 2. THE LAND ACQUISITION OFFICER AND SUBCOLLECTOR, GUNTUR. 3. THE LAND ACQUISITION OFFICER AND SUBCOLLECTOR, (FAC) TENALI. 4. MANAGING DIRECTOR, APSRTC, RTC BHAWAN, VIJAYAWADA, ANDHRA PRADESH I.A.No.1/2025 in W.P.No.7081/2021 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE NINTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI I.A.No.1 of 2025 in WRIT PETITION NO: 7081/2021 SANKA BABU NAGENDRA SAI ALIAS SAIBABU,, S/O.LATE SANKA LINGA RAJU, AGED 66 YEARS, RESIDING AT D .NO.20 INDIRA ENCLAVE, AYODHYANAGAR, VIJAYAWADA-3. SANKA RAVI SEKHAR,, S/O. (LATE) SANKA LINGA RAJU, AGED 56 YEARS, OCC. PRIVATE EMPLOYEE, D.NO.11-188E, INDIRA COLONY, NEAR WATER TANK, NUNNA KRISHNA DISTRICT, KANUPAFTHI VIJAYA BHARATHI,, W/O. (LATE) GOVINDA RAO, HINDU, AGED ABOUT 72 YEARS, OCC. HOUSEWIFE, R/O. FLAT NO.502, K.R. SERINITY ADDAGUTTA, OPP. JNTU KUKATPALLY, HYDERABAD, PETITIONERS 2 863 ARE REPRESENTED BY ITS' GPA SANKA BABU NAGENDRA SAI ALIAS SAIBABU, S/O.LATE SANKA LINGA RAJU, AGED 66 YEARS, RESIDING AT D.NO.20 7/305, INDIRA ENCLAVE, AYODHYANAGAR, VIJAYAWADA ...PETITIONER(S) AND THE DISTRICT COLLECTOR, GUNTUR, GUNTUR DISTRICT. THE LAND ACQUISITION OFFICER AND SUBCOLLECTOR, THE LAND ACQUISITION OFFICER AND SUBCOLLECTOR, (FAC) MANAGING DIRECTOR, APSRTC, RTC BHAWAN, VIJAYAWADA, ANDHRA PRADESH RC,J I.A.No.1/2025 in W.P.No.7081/2021 IN THE HIGH COURT OF ANDHRA PRADESH [3332] THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI NO: 7081/2021 SANKA BABU NAGENDRA SAI ALIAS SAIBABU,, S/O.LATE SANKA LINGA RAJU, AGED 66 YEARS, RESIDING AT D .NO.20-1-7 / 305,
3. SANKA RAVI SEKHAR,, S/O. (LATE) SANKA LINGA RAJU, AGED 56 188E, INDIRA COLONY, NEAR WATER TANK, NUNNA KRISHNA DISTRICT, KANUPAFTHI VIJAYA BHARATHI,, W/O. (LATE) GOVINDA RAO, HINDU, AGED ABOUT 72 YEARS, OCC.
HOUSEWIFE, R/O. FLAT TU KUKATPALLY, HYDERABAD, PETITIONERS 2 863 ARE REPRESENTED BY ITS' GPA SANKA BABU NAGENDRA SAI ALIAS SAIBABU, S/O.LATE SANKA LINGA RAJU, AGED 66 YEARS, RESIDING AT D.NO.20-1- 7/305, INDIRA ENCLAVE, AYODHYANAGAR, VIJAYAWADA-3. ...PETITIONER(S) THE DISTRICT COLLECTOR, GUNTUR, GUNTUR DISTRICT. THE LAND ACQUISITION OFFICER AND SUBCOLLECTOR, THE LAND ACQUISITION OFFICER AND SUBCOLLECTOR, (FAC) MANAGING DIRECTOR, APSRTC, RTC BHAWAN, VIJAYAWADA,
RC,J I.A.No.1/2025 in W.P.No.7081/2021 2
...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 toFor the reasons stated in the accompanying affidavit the petitioners herein pray that this Honorable Court may be pleased to issue a Writ or Direction or an order, which particularly in the nature of writ of Mandamus, declaring the inaction of the respondent Nos 1 to 3 herein from not referring the matter to the Civil Court under Section 18 of the Land Acquisition Act as per the order dated 19-06-1997 of the Honorable High Court passed in WP No 9356 of 1993 by the Honorable Court by action of which the petitioners are deprived of their legitimate right for fair and just enchantment of compensation as illegal, arbitrary and against the principles of the natural justice and contrary to the provisions of the constitution of India and consequently direct the Respondents to return the two acres of land in Sy. No. 83/1 in pedanandipadu village Guntur District acquired under Award No. 6/ /1988 dated 04-04-1988 by the respondents No. 1 and 2, against return the compensation amount of Rs 50,000/- by the petitioners to the respondent No. 1 and such other or orders as this Honorable court may deem fit and proper in the circumstances of the case and thus render justice. Prayer is amended as per the Court's Order dt. 14.11.2024 in IA 1/2024.
IA NO: 1 OF 2021 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 consider the representation dated 28.02.2020 of the petitioner pending disposal of above Writ Petition and to pass IA 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 pleased permit the petitioner to amend the prayer as “ For the reasons stated in the accompanying affidavit the petitioners herein pray that this Honorable Court may be pleased to issue a Writ or Direction or an order , which particularly in the nature of writ of Mandamus, declaring the inaction of the respondent Nos 1 to 3 herein from not referring the matter to the Civil Court under Section 18 of the Land Acquision Act as per the Order dated 19-06- 1997 of the Honourble High Court passed in WP No 9356 of 1993 by the Honorable Court by action of which the petitioners are deprived of their
RC,J I.A.No.1/2025 in W.P.No.7081/2021 3
legitimate right for fair and just enchantment of compensation illegal, arbitrary and against the principles of the natural justice and contrary to the provisions of. the constitution of India and consequently direct the Respondents to return the two acres of land in Sy.
No. 83/1 in pedanandipadu Village Guntur District acquired under Award No. 6/ /1988 dated 04-04-1988 by the respondents No.1 and 2, against return the compensation amount of Rs 50,000/- by the petitioners to the respondent No.1 and pass IA NO: 2 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 pleased to grant leave to the petitioners for filing the reply to counter affidavit of respondents IA NO: 3 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 delete the name of the 3^^^ respondent i.e.. Sub Collector, Tenali incorporate the name of Revenue Divisional Officer, Guntur as 3rd Respondent in the above petition 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 review the order passed in W.P. No.7081 of 2021, dated 02.01.2025 by allowing the Review Application, in the interest of justice IA NO: 2 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 condone the delay of 130 days in re-presenting the above — petition to the registry and pass Counsel for the Petitioner(S):
1. JOGESWARA RAO KANCHIBHOTIA Counsel for the Respondent(S):
1. GP FOR LAND ACQUISITION
2. Y SOLOMAN RAJU
RC,J I.A.No.1/2025 in W.P.No.7081/2021 4
ORDER
This petition is filed to review the order dated 02.01.2025 passed in W.P.No.7081 of 2021. 2. Sri K.Harinarayana, learned counsel for Review Petitioners/writ petitioners submitted that the learned Principal Senior Civil Judge, Bapatla numbered the Land Acquisition O.P. as L.A.O.P.No.19 of 2026, which was referred to the Court by the Revenue Divisional Officer under Section 18 of the Land Acquisition Act, 1894 and therefore, nothing remains for adjudication in this review petition. 3.
In view of the submissions made by the learned counsel for the petitioners, this review petition is closed and keeping in view that the issue regarding payment of compensation is longstanding, the learned Principal Senior Civil Judge, Bapatla shall dispose of the L.A.O.P.No.19 of 2026 as expeditiously as possible. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ________________________ JUSTICE RAVI CHEEMALAPATI 9th March, 2026. RR