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2025 DAILYLAW 9329 (AP)

MALIREDDY KUMARA VENKATESWARA REDDY v. THE STATE OF ANDHRA PRADESH

WP/5487/2025 · 2025-07-02

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010102392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5487 OF 2025 Between: 1. Malireddy Kumara Venkateswara Reddy, S/o. Venkata Ramana Reddy, Aged about 50 years, R/o. Gundavolu Village, Rapur Mandal, SPSR Nellore District. 2. Malireddy Anitha, W/o. late Rajendra Prasada Reddy Aged about 59 R/o. Gundavolu Village, Rapur Mandal, SPSR Nellore District. 3. Malireddy Harshitha, D/o. late Rajendra Prasad Reddy Aged about 35 years, R/o. Gundavolu Village, Rapur Mandal, SPSR Nellore District. 4. Malireddy Siva Narayana Reddy, S/o. late Rajendra Prasad Reddy, Aged about 32 years, R/o. Gundavolu Village District. years. Rapur Mandal, SPSR Nellore ...Petitioners AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, (Irrigation Department, Secretariat Buildings Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary (Land Acquisition) Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 4. The District Collector, SPSR Nellore District. 5. Tbe Special Collector L A, Telugu Ganga Project, SPSR Nellore District. Finance V 6. The Special Deputy Collector L A, Telugu Ganga Project, Rapur at Nellore SPSR Nellore District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the |irGumstances stated in the affidavit filed therewith, the High Court pleaded to issue appropriate writ order or direction more particularly a Writ of Mandamus declaring the action of the may be respondents in not paying the trees situated in Gundavolu enhanced compensation for the lands and Village, Rapur Mandal, SPSR Nellore district. acquired by the state for public purpose under Telugu Ganga Project in terms of the Judgment dated 04.08.2023 passed by this Hon'ble High Court in LAAS No. 120 of 2015 in LAOP No. 9 of 2003 as illegal, arbitrary, violative of Article 300A of the Constitution of India and the enhanced compensation amount to the consequently direct the respondents to pay/deposit credit of E.P.50 of 2024, pending on the file of the Hon'ble Senior Civil Judge Court, Gudur. lA NO: 1 OF 207.*^ Petition under Section 151 CPC in the affidavit filed i praying that in the circumstances stated in support of the writ petition, the High Court may be pleased to direct the respondents to pay/deposit the enhanced compensation passed by this Hon’ble amount in terms of the Judgment dated 04.08.2023 High Court in LAAS No.120 of 2015 in LAOP No. 9 of 2003 to the credit of E.P.50 of 2024, pending on the file of the Hon'ble Senior Civil Judge Court, Gudur pending disposal of the writ petition. Counsel for the Petitioners: SRI. M DESARADHA Counsel for the Respondents No.1,4,5,6:GP FOR IRRI Counsel for the Respondent No.2,: GP FOR LAND ACQUISITION Counsel for the Respondent No.S.GP FOR FINANCE The Court made the following order: RAMI REDDY AND CAD PLANNING 1 APHC010102392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) >[3329] THURSDAY,THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5487/2025 Between: 1.MALIREDDY KUMARA VENKATESWARA REDDY, S/O. VENKATA RAMANA REDDY, AGED ABOUT 50 YEARS VILLAGE, RAPUR MANDAL, SPSR NELLORE DISTRICT. R/O. GUNDAVOLU 2.MALIREDDY ANITHA,, W/0. LATE RAJENDRA PRASADA REDDY AGED ABOUT 59 YEARS, R/O. GUNDAVOLU VILLAGE MANDAL, SPSR NELLORE DISTRICT. RAPUR 3.MALIREDDY HARSHITHA,, D/0. LATE RAJENDRA PRASAD REDDY AGED ABOUT 35 YEARS, R/O. GUNDAVOLU VILLAGE, MANDAL, SPSR NELLORE DISTRICT. RAPUR 4.MALIREDDY SIVA NARAYANA REDDY,, S/O. LATE RAJENDRA PRASAD REDDY, AGED ABOUT 32 YEARS, R/O. GUNDAVOLU VILLAGE, RAPUR MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SECRETARY, PRINCIPAL (IRRIGATION DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY (LAND ACQUISITION) SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2 3.THE STATE OF ANDHRA PRADESH. REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 4.THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT. 5.THE SPECIAL COLLECTOR L A, TELUGU GANGA PROJECT, SPSR NELLORE DISTRICT. 6.THE SPECIAL DEPUTY COLLECTOR L A, TELUGU GANGA PROJECT, RAPUR AT NELLORE SPSR NELLORE DISTRICT. ...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 appropriate writ order or direction particularly a Writ of Mandamus declaring the action of the respondents in not paying the enhanced compensation for the lands and trees situated in Gundavolu Village, Rapur Mandal, SPSR Nellore district, acquired by the state for public purpose under Telugu Ganga Project in terms of the Judgment dated 04.08.2023 passed by this Hon'ble High Court in LAAS No. 120 of 2015 in LAOP No. 9 of 2003 as illegal, arbitrary, violative of Article 300A of the Constitution of India and consequently direct the respondents to pay/deposit the enhanced compensation amount to the credit of E.P.50 of 2024, pending on the file of the Hon'ble Senior Civil Judge Court, Gudur and pass lA NO: 1 OF 2025 more 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 to direct the respondents to pay/deposit the enhanced compensation amount in terms of the Judgment dated 04.08.2023 passed by this Hon’ble High Court in LAAS No.120 of 2015 in LAOP No. 9 of 2003 to the credit of E.P.50 of 2024, pending on the file of the Hon’ble Senior Civil Judge Court, Gudur pending disposal of the writ petition and pass Counsel for the Petitioner{S): 1.M DESARADHA RAMI REDDY Counsel for the Respondent(S): 1.GP FOR LAND ACQUISITION 0^^ 3 2.GP FOR IRRI AND CAD 3.GP FOR FINANCE PLANNING The Court made the following: 4 V THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION N0.5487 of 2025 ORDER: The grievance of the petitioners is that the respondents are not paying enhanced compensation for the lands and trees situated in Gundavolu Village, Rapur Mandal, SPSR Nellore District in terms of the Judgment and decree passed by this Court dated 04.08.2023 in L.A.A.S.No.120 of 2015 in L.A.O.P.No.09 of 2003. i 2. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Land Acquisition appearing for the respondents. 3. Learned Assistant Government Pleader submits that being not satisfied with the quantum of compensation quantified in L.A.O.P.No.09 of 2003, the petitioners filed L.A.A.S.No.120 of 2015 before this Court and this Court pleased to dispose of the said L.A.A.S.No.120 of 2015 on 04.08.2023 enhancing the compensation for the trees. was 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. Considering the submissions made by both the learned counsels, the Writ Petition is disposed of directing the respondents to deposit the enhanced compensation to the credit of E.P.No.50 of 2024 in L.A.O.P.No.09 of 2003 5. on 5 1 the file of Senior Civil Judge Court, Gudur, within a period of 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/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. The Principal Secretary, State of Andhra “ Secretariat Buildings Velagapudi, Amaravathi 2. The Principal Secretary, State Pradesh, (Irrigation Department, , Guntur District. of Andhra Pradesh, (Land Acquisition) Secretariat Buiidings, Velagapudi, Amaravathi, Guntur District. 3. The Principai Secretary, State of Andhra Pradesh, Finance Department, Secretariat Buiidings, Velagapudi, Amaravathi, Guntur District. 4. The District Collector, SPSR Nellore District. 5. The Special Collector L A, Telugu Ganga Project 6. The Special Deputy Collector L A SPSR Nellore District. Telugu Ganga Project, Rapur at Nellore SPSR Nellore District. 7. One CC to SRI. M. DESARADHA RAMI 8. Two CCs to GP FOR LAND ACQUISITION [OUT] 9. Two CCs to GP FOR IRRI AND CAD, 10. Two CCs to GP FOR FINANCE Pradesh [OUT] 11. Two CD Copies REDDY, Advocate [OPUC] , High Court of Andhra Pradesh High Court of Andhra Pradesh [OUT] PLANNING, High Court of Andhra nm f HIGH COURT DATED:03/07/2025 ORDER WP NO. 5487 OF 2025 ^ 18 JUL 2025 SssCurrent Co DISPOSING OF THE WP WITHOUT COSTS