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2025 DAILYLAW 6052 (AP)

M NAGESWARA REDDY v. THE STATE OF AP

WP/2879/2025 · 2025-03-10

Venkateswarlu Nimmagadda

body2025

Judgment text

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I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2879 OF 2025 Between: 1. M. Nageswara Reddy, S/o. Late M.Chenna Reddy, Aged about 72 years, Occ Agriculture, R/o. Obulapuram Village, Muddanuru Mandal, Y.S.R District. 2. M. Nagarjuna Reddy, S/o. Nageswara Reddy, Aged about 45 years, Occ Agriculture, R/o. Obulapuram Village, Muddanuru Mandal Y.S.R District. 3. M.Saraswathi,, W/o. Venkat Nageswar Reddy, Aged about 62 years, R/o. Patapalle Village, Yellanuru Mandal, Occ House Wife, Ananthapuram District. 4. M.Chandrasekhar Reddy, S/o. Rama Chandra Reddy, Aged about 70 years, Occ Agriculture, R/o. Obulapuram Village, Muddanuru Mandal, Y.S.R District. 5. M.Ramamohan Reddy, S/o. L.M.Chenna Reddy, Aged about 62 years, Occ Agriculture, R/o. Obulapuram Village, Muddanuru Mandal Y.S.R District. ...PETITIONERS AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary, Land Acquisition Department, Secretariat Buildings, Velagapudi, Amaravathi Guntur District. 2. The State of Andhra Pradesh, rep. by its Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The District Collector, Kadapa, Y.S.R District. 4. The Special Collector (L.A), GNSS, Kadapa, Y.S.R District. 5. The Special Deputy Collector (L.A), G.N.S.S. Unit-Ill, Muddanuru, Y.S.R District. f ...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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondents in paying compensation amount for the land in an extent of Ac.2.59 cents in Sy.No.2/1, Ac.0.06 cents in Sy.No.2/2, Ac.0.59 cents in Sy.No.4/3 and Ac. 0.25 cents in Sy.No.24-11 A i.e., total an extent of Ac. 3.49 cents of Obulapuram Village fields, Maddanuru Mandal, Y.S.R District, the fruit tress and the Well, having passed Award No.26/2018-201 9, dated 07.02.2020 and issued consequential proceedings, dated, 20.09.2021 and also the Award No. 11/2023-2024, dated 14.08.2023 as arbitrary, illegal, contrary the well established legal principles apart from being violative of the fundamental and the Constitutional rights guaranteed to us under Articles; 14, 19, 21 and 300- A of the Constitution of India and consequently direct the respondents to pay the compensation amount of Rs.66,77,870 (Rupees Sixty Six Lakhs Seventy Seven Thousand Eight Hundred and Seventy only) awarded in our favour. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstanced stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to pay the compensation amount of Rs.66,77,870 (Rupees Sixty Six Lakhs Seventy Seven Thousand Eight Hundred and Seventy only) awarded in our favour, pending disposal of the above Writ Petition. f Counsel for the Petitioner: SRI V. R. REDDY KOWURI Counsel for the Respondent Nos.1, 3 to 5: GP FOR LAND ACQUISITION Counsel for the Respondent No.2:GP FOR FINANCE & PLANNING The Court made the following: ORDER APHC010054682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] k * MONDAY .THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2879/2025 Between: M Nageswara Reddy and Others ...PETITIONER{S) AND The State Of Ap and Others Counsel for the Petitioner(S): 1.VR REDDY KOWURI ...RESPONDENT(S) Counsel for the Respondent(S): 1.GP FOR LAND ACQUISITION 2.GP FOR FINANCE PLANNING The Court made the following: O RDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief; “To issue writ of mandamus declaring the inaction on the part of the respondents in paying compensation amount extent of Ac.2-59 cents in Sy.No.2/1 Ac.0-06 Ac 0-59 cents in Sy.No.4/3 and Ac.0-25 cents in Sy No-24-11 A re. total an extent of Ac 3-49 cents of Obulapuram Village Fields, Maddanur Mandal, YSR District, -53™® oassed Award No.26/2018-2019 dated 07.02.2020 and issued consequential proceedings dated 20.09.2021 and also the Award . No11?2023-2024 dated 14.08.2023 as arbitrary, illegal, contrary to toe wen established legal principles apart ^llrArt des fundamental and the Constitutional rights guaranteed under Articles 14 19 21 and 300-A of the Constitution of India and consequently iired the respondents to pay the compensation amount of Rs.66,77,870/- awarded in our favour submits that, land of an extent of Learned counsel for the petitioners in Sy.No.2/1, 2/2, 4/3, 24-11A of Obulapuram Village Fields, District, belong to the petitioners. The of foreshore area Ac.3-49 cents in Maddanur Mandal, YSR Kadapa respondents acquired the subject land for the purpose under Gandikota Reservoir. The respondent passed Land Ref.No.A/46/2017 dated 07.02.2020 respect of the subject issued sanctioning various of compensation for the Horticulture initial Award had been passed submersion Acquisition awarding land. Later, proceedings dated 20.09.2021 were amounts to the petitioners in respect crops in the subject land. Even though Award No.26/2018 in compensation amount of Rs.21,16,100/- in on 07.02.2020, the amount has not been paid so far even after lapse of five years. Challenging the same, the present writ petition is preferred. ■ Learned Government Pleader for Land Acquisition placed on record written instructions furnished by the Special Deputy Collector, GNSS Unit-Ill, Muddanur dated 04.02.2025, wherein it is stated as follows: “For payment of Rs.21,16,100/- towards land compensation amount, the bill was uploaded in CFMS portal vide token No.2022-287543 in the login of Special Deputy Collector (LA) GNSS Unit-Ill, Muddanur but the bill is closed due to change of jurisdiction in view of the District Restructuring, 2022. For payment of Rs. 15,20,544/- towards structures compensation and Rs.30,41,300/- towards compensation for Horticultural trees bills will uploaded after release of the budget.” In view of the aforesaid written instructions submitted by the Special Deputy Collector dated 04.02.2025 and after hearing the submissions of learned counsel for the petitioner, learned Government Pleader for Land Acquisition, this Writ Petition is disposed of with a direction to the respondents to release the compensation amount as admitted, within a period of six (06) months from the date of receipt of copy of this order. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. Sd/- K. TATA RAO DEPUTY registrar //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Land Acquisition Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary, Finance Department, State of Andhra Pradesh, Secretariat Buildings Velagapudi, Amaravathi, Guntur District. 3. The District Collector, Kadapa, Y.S.R District. The Special Collector (L.A), GNSS, Kadapa, Y.S.R District. The Special Deputy Collector (L.A), G.N.S.S. Unit-Ill, Muddanuru, Y.S.R District. One CC to Sri V. R. Reddy Kovvuri, Advocate [OPUC] Two CCs to GP for Land Acquisition, High Court of Andhra Pradesh. [OUT] Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh. [OUT] Three CD Copies. 4 5 6. 7. 8. 9. ssb I i • HIGH.COURT DATED:10/03/2025 ORDER and75^ 5 01 APR 2025 %^ . Current Section . WP.No.2879 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS