IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5292 OF 2025 Between: 1. Kotharu Pandu Ranga Rao, S/o K. Appa Rao, Occ Advocate Aged 65 years, R/o 2-71/2, Kukunoor, West Godavari District 2. Kotharu Pratyusha, D/o. K. Pandu Ranga Rao, Aged 36 years, Occ House hold, R/o 2-71/2, Kukunoor, West Godavari District 3. Kotharu Priyanka, D/o. K. Pandu Ranga Rao, Aged 34 years, Occ House hold, R/o 2-71/2, Kukunoor, West Godavari District 4. Kotharu Prashanth Koundinya, S/o. K. Pandu Ranga Rao, Aged 31 years, Occ Agriculture, R/o 2-71/2, Kukunoor, West Godavari District. 5. Kotharu Sharat Kumar, S/o. K Ramam, Aged 46 years, Occ House hold, R/o 2-71/2, Kukunoor, West Godavari District ...Petitioners AND 1. The State of Andhra Pradesh, Rep by Principal Secretary (Revenue) Department, Secretariat, Velagapudi, Amaravati, Guntur District 2. The Commissioner, R AND R, Water Resource Department, 0pp. Andhra Hospitals Gollapudi Vijayawada, NTR District 3. The District Collector, East Godavari at Rajamahendravaram 4. The Project Administrator and Ex-Officio Joint Collector Polavaram Irrigation Project, Rajamahendravaram, East Godavari District. 5. The Project Officer cum R AND R officer I T.D.A, K R Puram, Eluru Eluru 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 an appropriate order or direction more particularly, one in the nature of Writ of Mandamus declaring the action of respondents more particularly 4*^ respondent in not taking any action for payment of R and R package amount in pursuant to the 2""' respondent proceedings vide : Rc.No.02/CRR/C2/2025, Dated.18.01.2025, in spite of recommendation --given by the 5th respondent for sanction of R and R Package Vide ' ^ Proceeding ROC No. 130/2020(B), Dated. 09.09.2021. illegal, irrational, against to Principles of natural justice besides violation articles 14 and 21 of Constitution of India and consequentially direct the 4th respondent to release the amounts under R and R Package to the petitioners forthwith in the interest of justice. 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 4**^ respondent to initiate action for payment of R&R package amount in pursuant to the 2'^*^ respondent proceedings vide Rc. No. 02/CRR/C2/2025, Dated. 18.01.2025 expeditiously, pending disposal of the above writ petition in the interest of justice. Counsel for the Petitioner: SRI SHAIK JAHANGEER BASHA Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following order: 1 APHC010098822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5292/2025 Between: ...PETITIONER{S) Kotharu Pandu Ranga Rao and Others AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner(S): 1 .SHAIK JAHANGEER BASHA Counsel for the Respondent(S); 1.GP FOR LAND ACQUISITION 2.GPFORIRRI AND CAD f* THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION N0.5292 of 2025 This Court made the following ORDER: This writ petition is filed under Article 226 of the Constitution of India 1. seeking the following relief; “..to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents more particularly respondent in not taking any action for payment of R&R package amount in pursuant to the T'^ respondent proceedings vide RC.No.02/CRR/C2/2025, dated 18.01.2025, in spite of recommendation given by the 5’'" respondent for sanction of R&R Package Vide Proceedings ROC No. 130/2020(6), dated 09.09.2021, illegal, irrational, against to principles of natural justice besides violation of Articles 14 and 21 of the Constitution of India and consequently direct the 4*'^ respondent to release the amounts under R&R package to the petitioners forthwith in the interest of justice and pass...” Heard learned counsel for the Petitioners and learned Government 2. Pleader for Revenue and perused the material placed on record. Learned counsel for the Petitioners submits that even though the Petitioners were recognized / identified as dispossessors and they entitled under R&R package as per the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short “the Act 30 of 2013”), for which the respondents issued proceedings dated 07.07.2022 admitting the entitlement of the Petitioners for granting R&R 3. 3 package as per the provisions of the Act 30 of 2013, but the 4*" respondent is not taking any steps for payment of the same so far. Hence the writ petition. 4. On the other hand, learned Government Pleader for Revenue furnished written instructions issued by the 4^^ respondent which reads thus: “As the matter stood thus, in order to take further action in this case and comply with the court orders, the Project Administrator, Polavaram Irrigation Project, has decided to conduct a fresh hearing to arrive at an appropriate decision. As a result, a notice of hearing has been issued to the petitioners, scheduling the hearing on 22.03.2025 (Saturday) at 11:00 AM at the office of the Project Administrator, PIP, Dowleswaram, vide this reference Ref.E/241/2023, dated 22.02.2025. Therefore, it is submitted that the plea of the writ petitioners is under inquiry. After the hearing on the aforementioned date, necessary action will be taken under the provisions of the RFCTILARR Act, 2013. Hence, I request that the facts discussed above be presented before the Hon’ble High Court of Andhra Pradesh, Amaravati, and that the case be defended in the interest of justice on behalf of the Government.” 5. Learned Government Pleader for Revenue submits that the claim of the Petitioners is under active consideration and enquiry is going on and Petitioners were also called for hearing on 22.03.2025 and after completion of the enquiry, the payment under R&R Package will be paid to the Petitioners. 6. In view of the submissions made by both the counsel, and on perusal of the written instructions submitted by the learned Government Pleader for Revenue, it is observed that the claim of the petitioners is under active consideration and petitioners were also issued notice for hearing, scheduled to be held on 22.03.2025. Since the petitioners’ right was already decided as they are eligible, the claim of the petitioners can be redressed by way of pass ng final orders. 4 In view of the reasons stated as above, the Writ Petition is disposed of directing the Respondent Nos.3 and 4 to complete the enquiry and pass appropriate orders within a period of four (4) months from the date of receipt of a copy of this order. No costs. 7. As a sequel, interlocutory applications if any pending, shall stand closed. Sd/- M SURYANADH REDDY DEPUTY REGISTRAR fiferOFFICER //TRUE COPY// SEC To, 1. The Principal Secretary, (Revenue) Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. The Commissioner, R AND R, Water Resource Department, Opp Andhra Hospitals Gollapudi, Vijayawada, NTR District. The District Collector, East Godavari at Rajamahendravaram The Project Administrator and Ex-Officio Joint Collector Polavaram Irrigation Project, Rajamahendravaram, East Godavari District. The Project Officer cum R AND R officer I T.D.A, K R Puram, Eluru bluru District One CC to Sri Shaik Jahangeer Basha, Advocate [OPUC] [^o^CCs to GP for Land Acquisition, High Court of Andhra Pradesh. Two CD Copies 2. 3. 4. 5. 6. 7. 8. RAM HIGH COURT DATED:20/03/2025 ORDER 0 7 APR 2025 . Current Seetion WP.No.5292 of 2025 C9J DISPOSING OF THE WP WITHOUT COSTS