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2025 DAILYLAW 55727 (AP)

N SUBBAMMA v. THE STATE OF AP

WP/3304/2025 · 2025-04-30

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI^ (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSANDAND TWENTYFIVE 'I & O PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3304 OF 2025 Between: 1. N. Subbamma, w/o Late Subbaraju, Aged about 65 years, Occ: Housewife, R/o Samathanagar, H/o Bujibuji Nellore, Nellore City, S.P.S.R.Nellore District. 2. N.Ramesh Kumar, S/o Late Subbaraju, Aged about 40 years, Occ: Agriculture, R/o Samathanagar, H/o Bujibuji Nellore, Nellore City, S.P.S.R.Nellore District. 3. N.Murali Mohan, S/o Late Subbaraju, Aged about 44 years, Occ: Agriculture, R/o Samathanagar, H/o Bujibuji Nellore, Nellore City, S.P.S.R.Nellore District. 4. N.Sasikala, w/o Late Suresh, Aged about 42 years, Occ: Housewife, R/o Samathanagar, H/o Bujibuji Nellore, Nellore City, S.P.S.R.Nellore District. 5. Murarisetty Narayana, S/o Chenchaiah, Aged about 55 years, Occ: Agriculture, R/o Nellepalli (Vil), Rapur Mandal, S.P.S.R.Nellore District. 6. Ch.Venkata Subba Raju, S/o Balarama Raju, Aged about 81 years, Occ: Agriculture, R/o Nellepalli (Vil), Rapur Mandal, S.P.S.R.Nellore District. 7. Ch. Lakshmamma, w/o Venkata Subba Raju, Aged about 75 years, Occ: Housewufe, R/o Nellepalli (Vil), Rapur Mandal, S.P.S.R.Nellore District. 8. Ch.Lakshmi Narasimha Prabha, w/o N.Ramana Raju, Aged about 50 years, Occ: Housewife, R/o Nellepalli (Vil), Rapur Mandal, S.P.S.R.Nellore District. 9 9. N.Mohitha, D/o Late Suresh , Aged about 20 years, Occ: Housewife, R/o Nellepaili (Vil), RapurMandal, S.P.S.R.Nellore District. N.Venkateswarlu, S/o Venkata Raju, Aged about 60 years, Occ: Agriculture, R/o Nellepaili (Vil), Rapur Mandal, S.P.S.R.Nellore District. Kethu Chandrasekhara Reddy, S/o Penchala Reddy, Aged about 64 years, Occ: Agriculture, R/o Chaitanyapuri Colony, 0pp. Vinayaka Temple, Mahatma Gandhi Nagar, Nellore. 10. 11. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation Department, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh State. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Land Acquisition, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh State. 3. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh State. 4. The District Collector, Nellore, S.P.S.R.Nellore District. 5. The Special Collector (L.A.), Telugu Ganga Project, Mulapeta, Nellore, S.P.S.R.Nellore District. 6. The Special Deputy Collector (L.A.), Telugu Ganga Project, Rapur at Nellore, Mulapeta, Nellore, S.P.S.R.Nellore District. ...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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not paying the enhanced compensation as per the Decree and Judgment in L.A.O.P.No.31 of 2017 dated 31.01.2024 of the Hon'ble VII Additional District Judge, Gudur, S.P.S.R.Nellore District to the Petitioners for the Pomegranate trees situated in the Land in Sy.No.272, extent Ac. 4.41 cents, Sy. No.273, extent Ac. 3.60 cents, Sy. No. 273, extent Ac. 1.20 cents,Sy. No.272, extent Ac.0.30 cents, Sy. No.272, extent Ac.3.73 72 cents, Sy No.273, extent Ac. 1.22 72 cents, Sy. No.272, extent Ac.0.71 cents, .Sy. No.273, extent Ac.0.13 cents Sy. No.273, extent Ac. 1.24 cents of Nellepalli (Vil),Rapur Mandal, S.P.S.R.Nellore District is arbitrary, illegal and consequently direct the Respondents to deposit the enhanced Compensation to the Credit of E.P No of 2024 in L.A.O.P.No.31 of 2017 of the VII Additional District Judge, Gudur, S.P.S.R.Nellore District filed by the Petitioners and which was transferred to the Principal District Judge, Nellore S.P.S.R.Nellore District. lA 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 direct the Respondents to deposit the enhanced Compensation to the Credit of E.P. No. of 2024 in L.A.O.P.No. 31 of 2017 of the VII Additional District Judge, Gudur, S.P.S.R.Nellore District filed by the Petitioners and which was transferred to the Principal District Judge, Nellore, S.P.S.R.Nellore District; Counsel for the Petitioners: SRI CH.C.KRISHNA REDDY Counsel for the Respondents: GP FOR IRRIGATION AND CAD : GP FOR LAND ACQUISITION : GP FOR FINANCE AND PLANNING The Court made the following: ORDER 1" • ■ « • APHC010040572025 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: 3304/2025 Between: ...PETITIONER(S) N Subbamma and Others AND ...RESPONDENT{S) The State Of Ap and Others Counsel for the Petitioner{S): 1.CHC KRISHNA REDDY Counsel for the Respondent{S): 1.GP FOR LAND ACQUISITION 2.GP FOR IRRI AND CAD 3.GP FOR FINANCE PLANNING 2.. t • ■ • • t THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION NO.3304 of 2025 This Court made the following ORDER: The grievance of the petitioners is that the respondents are not paying enhanced compensation for the pomegranate trees situated in the land in Sy.No.272, an extent of Ac.4.41 cents; Sy.No.273, an extent of Ac.3.60 cents; Sy.No.273, an extent of Ac.1.20 cents; Sy.No.272 an extent of Ac.0.30 cents; Sy.No.272, an extent of Ac.3.73y2 cents; Sy.No.273, an extent of Ac. 1.2272 cents; Sy.No.272, an extent of Ac.0.71 cents; Sy.No.273, an extent of Ac.0.13 cents; Sy.No.273, an extent of Ac.1.24 cents of Nellepalli Village, Rapur Mandal, SPSR Nellore District acquired for the purpose of Kandaleru Reservoir of Telugu Ganga Project. Heard Sri Ch. C. Krishna Reddy, learned counsel for the petitioners, learned Assistant Government Pleader for Irrigation for Respondent No.1, learned Government Pleader for Land Acquisition for Respondent Nos.2, 4 to 6 and learned Government Pleader for Finance for Respondent No.3. 2. Learned Assistant Government Pleader submits that since the compensation granted by the Land Acquisition Officer as per the Award 3. No.1/1997-98, dated 31.05.1997 for the land was referred to the reference Court i SPSR Nellore District and and trees is very less, the matter e., VII Additional District Judge, Gudur, was numbered as L.A.O.P.No.31 of 2017 and same was disposed of on 31.01.2024 by granting Rs.3,000/- for one pomegranate tree. ■ 4. In reply, learned counsel for the petitioners dispose of the writ petition by recording the submissions Assistant Government Pleader. requested this Court to made by the learned 5. In view of the above, this writ petition is disposed of directing the respondents to deposit the enhanced E.P.No. compensation to the credit of of 2024 in L.A.O.P.No.31 of 2017 on the file of VII Additional District Judge, filed by the petitioners and which was transferred to the Principal District Judge, SPSR Nellore District, within three (03) months the date of receipt of a copy of this order. No costs. from As a sequel, interlocutory applications if any pending, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// sect^Tofficer To, 1. The Principal Secretary, Irrigation Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary, Land Acquisition, State of Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Guntur District. ( 3. The Principal Secretary, Finance Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Guntur District. The District Collector, Nellore, S.P.S.R.Nellore District. The Special Collector (L.A.), Telugu Ganga Project, Mulapeta, Nellore, S.P.S.R.Nellore District. The Special Deputy Collector (L.A.), Telugu Ganga Project, Rapur at Nellore, Mulapeta, Nellore, S.P.S.R.Nellore District. One CC to Sri CH.C.Krishna Reddy, Advocate [OPUC] Two CCs to GP for Irrigation & Command Area Development, High Court of Andhra Pradesh. [OUT] Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. [OUT] 4. 5. 6. 7. 8. 9. 10. Two CCs to GP for Land Acquisition, High Court of Andhra Pradesh. [OUT] Three CD Copies. 11. kj HIGH COURT DATED:01/05/2025 ORDER WP.No.3304 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS