Extracted from the PDF above. The PDF is authoritative.
APHC010330132025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] TUESDAY,THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT APPEAL NO: 798/2025 Writ Appeal under clause 15 of the Letters Patent allow the Writ Appeal by setting aside the impugned order in W.P.No. 38727 of 2017 passed on 29.06.2022 passed by the Learned Single Judge of this Honble High Court and pass Between:
1. KONDURU ROSAMMA, S/O. LATE SUBBANNA, AGED ABOUT 72 YEARS, OCCAGRICULTURE, R/O. VIDYANAGAR, SIDDAVATAM ROAD, BADVEL Y.S.R. KADAPA DISTRICT. ...APPELLANT AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND C.A.D DEPARTMENT, A.P.
SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH STATE. 2. THE SPECIAL COLLECTOR G N S S L A, KADAPA CITY, Y.S.R.
KADAPA DISTRICT. 3. THE SPECIAL DEPUTY COLLECTOR L A, T.G.P, UNIT-LL, KADAPA, Y.S.R. KADAPA DISTRICT. ...RESPONDENT(S):
IA NO: 1 OF 2025
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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 dispense with filing of the certified copy of the order dated; 29.06.2022 in W.P. Nos.38727 OF 2017 pending final disposal of the present writ appeal in the interests of justice and pass 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 to condone the delay of 1069 days in filing the present Appeal in the interest of justice and pass IA NO: 3 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 to suspend the operation of the order dt.29.06.2022 in WP No.38727 of 2017 pending disposal of the present Writ Appeal in the interest of justice and pass Counsel for the Appellant:
1. M SRI ATCHYUT Counsel for the Respondent(S):
1. GP FOR LAND ACQUISITION
2. GP FOR IRRI AND CAD
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The Court made the following judgment: (Per Hon’ble Sri Justice R Raghunandan Rao)
The land of the appellant to an extent of Ac.0-19 cents in Sy.No.25/20 B of Rangampalli Village, Atlur Mandal, YSR Kadapa District had been acquired for submergence under the Somasila project.
This acquisition was done under the notification issued under Section 4(1) of the Land Acquisition Act, 1894, dated 12.08.1991. The Award, in relation to this notification was passed on
31.12.2016. 2. The appellant was aggrieved by the said award, on the ground that 11 sweet Orange trees, existing on the said land, were not taken into account and no compensation has been paid in relation to these 11 sweet Orange trees. The appellant, approached this court, by way of W.P.No.38727 of 2017 with this grievance. A learned Single Judge of this Court, by a judgment, dated 29.07.2022 had partly allowed the writ petition with a liberty be given to the appellant to file an appropriate application under Section 84 of the Act 30 of 2013 with a delay condonation petition. The learned Single Judge has also observed that the appellant had approached this Court at the earliest inasmuch as the Award was passed on 31.10.2016 while the writ was filed in the year 2017 itself. 3. The appellant being aggrieved by this order, has approached this Court with the contention that the learned Single Judge ought to have issued a direction for passing a supplementary award rather than granting liberty to the appellant to file an application under Section 64 of the Act 30 of 2013. 4
4. The question of whether such supplementary award or additional award can be passed, and whether such directions can be given by this Court is a matter which requires a comprehensive consideration. 5. However, we do not propose to go into this question at this stage despite various contentions raised by the learned counsel for the appellant. 6. We are of the view that the judgment of the learned Single Judge, has been passed, after taking into account the necessary facts, and it would be appropriate to affirm the said judgment.
However, we would only clarify that the period during which the writ petition has been pending before this Court may require consideration for condonation of delay, as the Acquisition Acts are beneficial provisions of law, which are enacted to ensure that a person is not deprived of his property without proper compensation. 7. Accordingly, the Writ Appeal is disposed of. There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed. ________________________ R. RAGHUNANDAN RAO, J
________________ T.C.D. SEKHAR, J Date: 09.12.2025 KA
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THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR
WRIT APPEAL NO: 798/2025
Date: 09.12.2025 KA