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2025 DAILYLAW 6268 (AP)

SADU KANTHAMMA @ VADLA KANTHAMMA v. THE STATE OF ANDHRA PRADESH

WP/4096/2025 · 2025-06-26

Venkateswarlu Nimmagadda

body2025

Judgment text

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’i : !? . ei APHC010057522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No: 4096 OF 2025 Between: Sadu Kanthamma @ Vadla Kanthamma, w/o Vadla Narasaiah, Aged about 70 years, Occ: Agriculture, R/o D.No.26-5-519-1, Venkatadri Nagar, Vedayapalem, Nellore, S.P.S.R.Nellore District. 1. Bandi Penchala Narasa Reddy, S/o Penchala Reddy, Aged about 52 years, Occ: Agriculture, R/o Penubarthi (Vil), Rapur Mandal, S.P.S.R.Nellore District. 2. 3. Addina@ Andina Sukha Vananima, w/o Late Ramakrishna Reddy, Aged about 79 years, Occ: Housewife R/o Penubarthi (Vil), Rapur Mandal, S.P.S.R.Nellore District. I' Sannuboina Penchalaiah, S/o Late Narasimhulu, Aged about 52 years, Occ: Agriculture, R/o Penubarthi (Vil), Rapur Mandal, S.P.S.R.Nellore District. 4. Bathena Venkata Krishna Reddy, S/o Late Venkata Reddy, Aged about 62 years, Occ: Agricirlture, R/o Saidadupalli (Vil), Rapur Mandal, S.P.S.R.Nellore District. 5. 6. Addina@ Andina China Ankamma, w/o Late Rami Reddy, Aged about 73 years, Occ: Housewife, R/o Nellepalli (Vil), Rapur Mandal, S.P.S.R.Nellore District. 1 L 7. Bandi Raghava Reddy, S/o Late Penchala Reddy, Aged about 54 years, Occ: Agriculture, R/o Penubarthi (Vil), Rapur Mandal, S.P.S.R.Nellore District. 8. Bandi Sumathi@ Kandala Lakshmi Sumathi, w/o Krishna Reddy, Aged about 55 years, Occ: Housewife, R/o D.No.3-6-46/5,Srd Street, Rajagopalapuram, Vinnamala, Naidupeta, Tirupathi District. 9. Andena Pedavenkamma @ Mandi Venkainma, w/o Late Krishna Reddy, Aged about 59 years, Occ: Housewife, R/0 Narasimha Kandrika, Podalakuru Mandal, S.P.S.R.Nellore District 10. Muchala Guru Ratna Reddy,@ Guru Ratnam, S/o Late Ramana Reddy, Aged about 56 years, Occ: Agriculture, R/o Sanganapalli (Vil), Dakkili Mandal, Tirupathi District. 11. Vankelu Krishnamma@ Vankelu Kistamma, / o Late Sankara Reddy, Aged about 75 years, Occ: Housewife, R/o Penubarthi (Vil), Rapur Mandal, S.P.S.R. Nellore District. 12. Vankelu Narayana Swamy, S/o Late Ramakrishna Reddy, Aged about 70 years, Occ: Agriculture, R/o Penubarthi (Vil), Rapur Mandal, S.P.S.R. Nellore District. 13. S.Ravindra Reddy, S/o Rami Reddy, Aged about 45 years, Occ: Agriculture, R/o Penubarthi (Vil), Rapur Mandal, S.P.S.R. Nellore District. w % 14. Band! Tiripal Reddy, S/o Late Rami Reddy, Aged about 51 years, Occ: Agriculture, R/o Penubarthi (Vil), Rapur Mandal, S.P.S.R. Nellore District. 15. Madamala @ Maddala Annapurna, w/o Rosi Reddy, Aged about 56 years, Occ: Housewife, R/o Kulluru (Vil), Kaluvai Mandal, S.P.S.R. Nellore District. 16. Duwuru Subasliini, w/o Chenchu Reddy, Aged about 55 years, Occ: Housewife, R/o D.No.9-45, Vijaya Colony, Vidyanagar Post, Kota Mandal, Tirupathi District. 17. Bandi Sujatha, w/o Ravi Chandra Reddy, Aged about 54 years, Occ: Housewife, R/o Vidyanagar, Kota Mandal, Tirupathi District. ...Petitioners And The State of Andhra Pradesh Rep. by its Principal Secretary, Irrigation Department, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh State. 1. The State of Andhra Pradesh Rep. by its Principal Secretary, Land Acquisition, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh State. 2. The State of Andhra Pradesh Rep. by its Principal Secretary, Finance Department, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh State. 3. 1 The District Collector, Nellore, S.P.S.R.Nellore District. 4. 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.35 of 2017 dated 31.01.2024 of the Hon’ble VII Additional District Judge, Gudur, Tirupathi District (Erstwhile S.P.S.R.Nellore District) for the Land and trees situated in the Land in Sy. Nos. 83/3, 81/A2, 81/B, 83/A, 142, 140/A, of Penubarthi (Vil), Rapur Mandal, S.P.S.R.Nellore District is arbitrary, illegal, without Jurisdiction and consequently direct the Respondents to deposit the enhanced Compensation to the Credit of 2024 in L.A.O.P.No.35 of 2017 dated 31.01.2024 of the Hon'ble VII Additional District Judge, Gudur, Tirupathi District (Erstwhile S.P.S.R.Nellore District) filed by the Petitioners. 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 to direct the Respondents to deposit the enhanced Compensation to the Credit of E.P. No. of 2024 in L.A.O.P.No. 35 of 2017 of the VII Additional District Judge, Gudur, Tirupathi District (Erstwhile S.P.S. Petitioners, pending disposal of the Writ Petition. Counsel for the Petitioners: SRI CH.C.KRISHNA REDDY Counsel for the Respondent No.1: GP FOR IRRIGATION & COMMAND AREA DEVELOPMENT Counsel for the Respondent Nos.2, 4 to 6: GP FOR LAND ACQUISITION Counsel for the Respondent No.3: GP FOR FINANCE & PLANNING The Court made the following order: District) filed by the APHC010057522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Bi^;s mi [3329] FRIDAY,THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4096/2025 Between: 1. SADU KANTHAMMA @ VADLA KANTHAMMA, W/0 VADLA NARASAIAH, AGED ABOUT 70 YEARS, OCC. AGRICULTURE, R/0 D.NO.26-5-519-1, VENKATADRI NAGAR, VEDAYAPALEM, NELLORE, S.P.S.R.NELLORE DISTRICT. 2. BANDI PENCHALA NARASA REDDY,, S/0 PENCHALA REDDY, AGED ABOUT 52 YEARS, OCC. AGRICULTURE, R/0 PENUBARTHI (VIL), RAPUR MANDAL, S.P.S.R.NELLORE DISTRICT. 3. ADDINA@ ANDINA SUKHA VANAMMA,, W/0 LATE RAMAKRISHNA REDDY, AGED ABOUT 79 YEARS, OCC. HOUSEWIFE, R/0 PENUBARTHI (VIL), RAPUR MANDAL, S.P.S.R.NELLORE DISTRICT. 4. SANNUBOINA PENCHALAIAH,, S/0 LATE NARASIMHULU, AGED ABOUT 52 YEARS, OCC. AGRICULTURE, R/0 PENUBARTHI (VIL), RAPUR MANDAL, S.P.S.R.NELLORE DISTRICT. 5. BATHENA VENKATA KRISHNA REDDY,, S/0 LATE VENKATA REDDY, AGED ABOUT 62 YEARS, OCC. AGRICULTURE, R/0 SAIDADUPALLl (VII), RAPUR MANDAL, S.P.S.R.NELLORE DISTRICT. 6. ADDINA© ANDINA CHINA ANKAMMA,, W/0 LATE RAMI REDDY, AGED ABOUT 73 YEARS, OCC. HOUSEWIFE, R/0 NELLEPALLI (VIL), RAPUR MANDAL, S.P.S.R.NELLORE DISTRICT. 7. BANDI RAGHAVA REDDY,, S/0 LATE PENCHALA REDDY, AGED ABOUT 54 YEARS, OCC. AGRICULTURE, R/0 PENUBARTHI (VIL), RAPUR MANDAL, S.P.S.R.NELLORE DISTRICT. 8. BANDI SUMATHI@ KANDALA LAKSHMI SUMATHI,, W/0 KRISHNA REDDY, AGED ABOUT 55 YEARS, OCC. HOUSEWIFE. R/0 D.NO.3-6-46/5,3RD STREET, RAJAGOPALAPURAM, VINNAMALA, NAIDUPETA, TIRUPATHI DISTRICT. 9. ANDENA PEDAVENKAMMA @ MANDI VENKAMMA,, W/0 LATE KRISHNA REDDY, AGED ABOUT 59 YEARS, OCC. HOUSEWIFE, R/0 NARASIMHA KANDRIKA, S.P.S.R.NELLORE DISTRICT 10.MUCHALA GURU RATNA REDDY GURU RATNAM RAMANA REDDY, AGED ABOUT 56 YEARS, OCC. AGRICULTURE, R/0 SANGANAPALLI (VIL), DAKKILI MANDAL, TIRUPATHI DISTRICT. 11.VANKELU KRISHNAMMA@ VANKELU KISTAMMA, , W/0 LATE SANKARA REDDY, AGED ABOUT 75 YEARS, OCC. HOUSEWIFE, R/0 PENUBARTHI (VIL), RAPUR MANDAL, S.P.S.R. NELLORE DISTRICT. 12. VANKELU NARAYANA SWAMY REDDY, PENUBARTHI (VIL), DISTRICT. 13.S.RAVINDRA REDDY,, S/0 RAMI REDDY, AGED ABOUT 45 YEARS, OCC. AGRICULTURE, R/0 PENUBARTHI (VIL), RAPUR MANDAL, S.P.S.R. NELLORE DISTRICT. 14. BANDI TIRIPAL REDDY,, S/0 LATE RAMI REDDY, AGED ABOUT 51 YEARS, OCC. AGRICULTURE, R/0 PENUBARTHI (VIL), RAPUR MANDAL, S.P.S.R. NELLORE DISTRICT. PODALAKURU MANDAL S/0 LATE S/0 LATE RAMAKRISHNA AGED ABOUT 70 YEARS, OCC. AGRICULTURE, R/0 RAPUR MANDAL, S.P.S.R. NELLORE 15.MADAMALA @ MADDALA ANNAPURNA, W/0 ROSI REDDY, AGED ABOUT 56 YEARS, OCC. HOUSEWIFE, R/0 KULLURU (VIL), KALUVAI MANDAL, S.P.S.R. NELLORE DISTRICT. 16.DUVVURU SUBASHINI,, W/0 CHENCHU REDDY, AGED ABOUT 55 YEARS, OCC. HOUSEWIFE, R/0 D.NO.9-45, VIJAYA COLONY, VIDYANAGAR POST, KOTA MANDAL, TIRUPATHI DISTRICT. 17. BANDI SUJATHA,, W/0 RAVI CHANDRA REDDY, AGED ABOUT 54 HOUSEWIFE, R/0 VIDYANAGAR, KOTA MANDAL YEARS, OCC. TIRUPATHl DISTRICT ...PETITIONER(S) AND ANDHRA PRADESH, REP. BY ITS PRINCIPAL IRRIGATION DEPARTMENT, 1.THE STATE OF SECRETARY, VELAGAPUDI, AMARAVATHI, SECRETARIAT, GUNTUR DISTRICT, ANDHRA PRADESH STATE. ANDHRA PRADESH, REP. BY ITS PRINCIPAL 2.THE STATE OF SECRETARY, LAND ACQUISITION, SECRETARIAT, VELAGAPUDI GUNTUR DISTRICT, ANDHRA PRADESH STATE. AMARAVATHI OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARIAT, GUNTUR DISTRICT, ANDHRA 3.THE STATE SECRETARY, VELAGAPUDI, AMARAVATHI FINANCE DEPARTMENT, PRADESH STATE. S.P.S.R.NELLORE NELLORE DISTRICT COLLECTOR 4.THE DISTRICT. COLLECTOR L A, TELUGU GANGA PROJECT MULAPETA, NELLORE, S.P.S.R.NELLORE DISTRICT. 6.THE SPECIAL PROJECT, S.P.S.R.NELLORE DISTRICT 5.THE SPECIAL DEPUTY COLLECTOR L A, TELUGU GANGA MULAPETA, NELLORE, RAPUR AT NELLORE ...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 topleased 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 of 2017 dated 31.01.2024 of the Honble VII Additional District Judge, Gudur, Tirupathi District (Erstwhile S.P.S.R.Nellore District) for the Land and trees situated in the Land in Sy. Nos. 83/3, 81/A2, 81/B, 83/A, 142, 140/A, of Penubarthi (Vil), Rapur Mandal, S.P.S.R.Nellore District is arbitrary. Jurisdiction and consequently direct the Respondents to enhanced Compensation to the Credit of 2024 in L.A.O.P.No.35 L.A.O.P.No.35 illegal, without deposit the ' of 2017 dated 31.01.2024 of the Hon'ble VII Additional District Judge, Gudur, Tirupathi District (Erstwhile S.P.S.R.Nellore District) filed by the Petitioners and pass 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 pleased direct the Respondents to deposit the enhanced Compensation to the Credit of E.P. No. of 2024 in L.A.O.P.No. 35 of 2017 of the VII Additional District Judge, Gudur, Tirupathi District (Erstwhile S.P.S. District) filed by the Petitioners, pending disposal of the writ petition and pass Counsel for the Petitioner(S): 1.CH C KRISHNA REDDY Counsel for the Respondent(S): 1.GP FOR LAND ACQUISITION 2.GP FOR IRRIGATION COMM AREA DEV 3.GP FOR FINANCE PLANNING The Court made the following: 1 THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION NO.4096 of 2025 ORDER: The grievance of the petitioner is that the respondents are not paying enhanced compensation for the land and trees situated in the land in Sy.Nos.83/3, 81/A2, 81/B, 83/A, 142, 140/A of Penubarthi Village, Rapur Mandal, SPSR Nellore District in terms of the Judgment and decree in LAO.P.No.35 of 2017, dated 31.01.2024 on the file of VII Additional District Judge, Gudur, SPSR Nellore District. Heard Sri Ch. C. Krishna Reddy, learned counsel for the petitioners, learned Assistant Government Pleader for Irrigation for Respondent No.1, 2. learned Government Pleader for Land Acquisition for Respondent Nos.2, 4 to 6 and learned Government Pleader for Finance for Respondent No.3. Learned Assistant Government Pleader submits that since the compensation granted by the Land Acquisition Officer as per the Award No.35/1991-92, dated 23.03.1992 for the land and trees is very less, the matter was referred to the reference Court i.e., VII Additional District Judge, Gudur, SPSR Nellore District and was numbered as L.A.O.P.No.35 of 2017 and same was disposed of on 31.01.2024 by enhancing the value of all the varieties of trees @ Rs.3,000/- each and enhanced the value of the land to the extent for which compensation was awarded to claimants upto 100%. 3. A 4. In reply, learned counsel for the petitioners requested this Court to dispose of the writ petition by recording the submissions made by the learned Assistant Government Pleader. 5. In view of the above, this writ petition is disposed of directing the respondents to deposit the enhanced compensation to the credit of E.P.No. of 2024 in L.A.O.P.No.35 of 2017 on the file of VII Additional District Judge, Gudur, SPSR Nellore District filed by the petitioner, within three (03) months from the date of receipt of a copy of this order. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. Sd/- U.SRI DEVI ASSISTANT^ REGISTRAR OFFICEpj //TRUE COPY// SE 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, Pradesh Secretariat, Velagapudi, Amaravathi, Guntur District. State of Andhra 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, Nellore, Mulapeta, Nellore, S.P.S.R.Nellore District 7. One CC to Sri CH.C.Krishna Reddy, Advocate [OPUC] 8. Two CCs to GP for Land Acquisition, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP for Irrigation & Command Area Court of Andhra Pradesh [OUT] Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] Two CD Copies. Rapur at Development, High 10. 11. gi ✓ HIGH COURT DATED:27/06/2025 ORDER WP No. 4096 OF 2025 AND«^ g nm m Current Secuo ,, c<i DISPOSING OF THE WRIT PETITION WITHOUT COSTS