Paturi Yerra Gangaiah Gari Rama Subbareddy v. THE STATE OF AP
WP/2198/2019 · 2026-09-08
V Sujatha
body2026
DailyLaw.ai
[ 2026 DAILYLAW 10262 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 10262 (AP) · dailylaw.ai ]
Judgment text
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APHC010006932019
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE 9th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NOs: 432 & 2198/2019 WRIT PETITION NO: 432/2019 Between:
1. T CHINNAIAH (DIED), REP. BY HIS BROTHER LR PEDDA SUBBAIAH (DIED)
REP. BY LR WIFE SUBBAMMA POLIREDDYPETA (V), GOPAVARAM MAC.DAL,
KADAPA DISTRICT, ANDHRA PRADESH
2. JALE GOPAIAH (DIED), REP. BY LR WIFE KANAKAMMA R/O B.V.
NAGAR NELLORE-4
3. KUDAMALA FEDDA SUBBA REDDY S/O SIDDA REDDY, R/O ADUSUVARIPALLI, GOPAVARAM MANDAL, KADAPA DISTRICT
4. ANGADI KONDAMMA W/O KONDAIAH (DIED), ANJANEYA NAGAR, BADVEL MANDAL KADAPA DISTRICT
5. TUPAKULA CHINNA SUBBAIAH (DIED), REP. BY LR WIFE POLAMMA R/O POLIREDDYPETA, GOPAVARAM MANDAL KADAPA DISTRICT
6. TUPAKULA PEDDA SUBBAIAH (DIED), REP. BY LR WIFE SUBBAMMA R/O POLIREDDYPETA, GOPAVARAM MANDAL KADAPA DISTRICT
7. KORRAPATI NAGAIAH S/O SUBBAIAH (DIED), R/O ISUKAPALLI, GIDDALUR, SYDAPURAM MANDAL, NELLORE-DISTRICT
2 VS,J W.P.No.432 & 2198 of 2019
8. MITHAKALA VENKATAIAH S/O VENGAIAH, R/O NARAVAKATIPALLI, ONTIMITTA MANDAL KADAPA DISTRICT
9. THUPAKULA LAKSHMI NARASAMMA (DIED), REP. BY LR SON T.
RAMAIAH (DIED) REP. BY LR WIFE LAKSHAMMA R/O POLIREDDYPETA, GOPAVARAM MANDAL KADAPA DISTRICT
10. GOLLA BANGARAIAH (DIED), REP. BY LR SON G.RAJENDRA PRASAD R/O SANJEEVANAGAR III ROAD TADIPATRI, ANANTAPUR DISTRICT. 11. GADINABOYINA NARASIMHULU (DIED), REP. BY LR WIFE ACHAMMA R/O MADAKALAVARIPALLI, BADVEL MANDAL KADAPA DISTRICT. 12. POLIBOYINA CHINNAIAH S/O KONDAIAH, R/O MADAKALAVARIPALLI, BADVEL MANDAL KADAPA DISTRICT
13. MEKALA CHINNA PENCHALAIAH (DIED), REP. BY LR WIFE VARADAMMA. R/O ADUSUVARIPALLI, GOPAVARAM MANDAL KADAPA DISTRICT
14. POLUBOYINA CHINNA VENKATRAMANNA (DIED), REP. BY BROTHER POLUBOYINA THIRUPALU R/O BADVEL MANDAL, KADAPA DISTRICT. 15. PENAGALURU NARASIMHULU (DIED), REP. BY SON P. RAMADASU R/ O VEERAMPALLI, NELLORE DISTRICT. 16. BETHTANABOYINA ROSAIAH (DIED), REP. BY HIS LR WIFE RAMULAMMA R/O NGO COLONY, NEAR APSARA THEATER KADAPA DISTRICT
17. GALLA LAKSHMINARAYANA (DIED), REP. BY LR WIFE JAYAMMA R/O RAVINDRA NAGAR, NEAR KONDAIPALEMGATE NELLORE DISTRICT
18. MEKALA ROSAMMA (DIED), REP. BY LR SISTER GRANDSON MEKALA SRINIVASULU R/O NUKANAVARIPALLI, KALVARI MANDAL NELLORE DISTRICT
3 VS,J W.P.No.432 & 2198 of 2019
19. KUDAMALA S IDDA REDDY (DIED), REP. BY LR SON KUDAMALA KRISHNA REDDY R/O SIDDAVATAM ROAD, BADVEL MANDAL KADAPA DISTRICT
20. KALUVOI CHINNAIAH (DIED), REP. BY LR EON KALUVOI YANADAIAH R/O KOMMAVARIPALLI, ANANTA SAGAR MANDAL NELLORE DISTRICT
21. KADAPA NARASIMHULU S/O CHINNA PENCHALAIAH, R/O KAMMANAVARIPALLI, ANANTASAGAR MANDAL NELLORE DISTRICT
22. KUDAMALA NARAMMA (DIED), REP.
BY LR HER SISTER DAUGHTER-IN-LAW SAVITRAMMA D/O NARASA REDDY MOOLUPALLI, SIDDAVATAM MANDAL KADAPA DISTRICT
23. PANAGARRI BALAKONDAIAH S/O KONDAIAH, R/O THIRUNAMPALLI VILLAGE, PENAGALURI MANDAL, KADAPA DISTRICT
24. KAMBALA ROSAIAH (DIED), REP. BY LR WIFE SRILAKSHUMMA ANJANEYA NAGAR, BADVEL MANDAL KADAPA DISTRICT
25. KUDAMALA CHINA VENKATA REDDY (DIED), REP. BY LR SON RAMASUBBA REDD R/O BAPANAPALLI, SIDDARTHAM MANDAL KADAPA DISTRICT
26. KUDAMALA RAMASUBBA REDDY S/O CHINNA VENKATA REDDY, R/O BAPANAPALLI, SIDDARTHAM MANDAL KADAPA DISTRICT
27. KUDAMALA ADIVI REDDY (DIED), REP. BY LR WIFE BALASURAMMA R/O LINGARNPALLI, SIDDOUTAM MANDAL KADAPA DISTRICT
28. KUDAMALA ANKAIAH (DIED), REP. BY LR SON KUDAMALA RAMANA REDDY R/O MUKUNDASRAMAM, ONTIMITTAL MANDAL KADAPA DISTRICT. 29. KUDAMALA VENKATASUBBAIAH S/O YERRAIAH (DIED), MUTUKAM MANDAL, NELLORE DISTRICT. 4 VS,J W.P.No.432 & 2198 of 2019
30. KUDAMALA PEDDA VENKATA REDDY (DIED), REP. BY LR SON RAMAKRISHNA REDDY AGED
R/O ADUSUVARIPALLI, GOPAVARAM MANDAL KADAPA DISTRICT
31. KUDAMALA SESHAIAH (DIED), REP. BY LR WIFE NARASAMMA R/O MUKUNDASRAM, ONTIMITTAL MANDAL KADAPA DISTRICT. 32. KUDAMALA YERRAIAH (DIED), REP. BY LR SON K.V.SUBBAIAH REP. BY LR SON K. PEDDA VENKATA REDDY MUTUKUR MANDAL NELLORE DISTRICT
33. KUDAMALA CHINNAIAH (DIED), REP. BY LR BROTHER DAUGHTER R/O PALLEPATIDENRE, MUTUKUR MANDAL NELLORE DISTRICT
34. GALLA RAJENDRA PRASAD S/O BANGARAIAH, SANJEEVANAGAR, III ROADS, TADIPATRI, ANANTAPUR DISTRICT
35. GALLA LAKSHRAINARAYANA (DIED), REP. BY LR WIFE JAYAMMA R/O RAVENDRANAGAR, KONDAIPALERRIGATES NELLORE DISTRICT
36. MEKALA PEDAL KONDAIAH S/O ROSAIAH, R/O CHINNAKESAMPALLI VILLAGE BADVEL MANDAL, KADAPA DISTRICT
37. MEKALA LAKSHUMMA (DIED), REP. BY LR SISTER'S SON MEKALA SRINIVASULU REDDY R/O CHINNAKESAMPALLI VILLAGE BADVEL MANDAL, KADAPA DISTRICT. 38. THUPAKULA LAKSHMAIAH S/O VENKATATAH (DIED), R/O POLIREDDYPETA, GOPAVARAM MANDAL KADAPA DISTRICT
39. GALLA RAMAKRISHNALAH S/O NARASIMHULU DIED, R/ O KOLLUPALLI VILLAGE CHITTOOR DISTRICT
40. GALLA BANGARAIAH (DIED), REP. BY LR SON G. RAJENDRA PRASAD R/O SANJEEVANAGAR III ROAD TADIPATRI, ANANTAPUR DISTRICT
5 VS,J W.P.No.432 & 2198 of 2019
41. KUDAMALA NARAMMA (DIED), REP. BY LR HER SISTER'S DAUGHTER-IN-LAW R/O MOOLAPALLI, SIDDOUTAM MANDAL, KADAPA DISTRICT
42. PADURTHI SUBBAIAH (DIED), REP.
BY LR SON RAMAIAH R/O ISUKAPALLI, GIDDALURU SYDAVARAM MANDAL, NELLORE DISTRICT
43. MITHAKALA SUBBARAYUDU (DIED), REP. BY LR WIFE NARAYANAMMA R/O NARVAKATUPALLI, ONTIMITTA MANDAL KADAPA DISTRICT. 44. GOGULA PITCHAIAH (DIED), REP. BY LR WIFE SUBBAMMA R/ O NARVAKATUPALLI, ONTIMITTA MANDAL KADAPA DISTRICT. 45. SANISETTY RADHAKRISHNAIAH S/O SUBBARAYUDU, R/O NELLORE REDDY, BADVEL MANDAL, KADAPA DISTRICT
46. KAMBALA SUBBAIAH S/O RAMAIAH (DIED), NELLORE ROAD BADVEL MANDAL, KADAPA DISTRICT
47. BETHANABOYINA ROSAIAH (DIED), REP. BY LR WIFE RAMULAMMA R/O NGO COLONY, NEAR APSARA THEATRE KADAPA DISTRICT
48. TUPAKULA CHINNAIAH (DIED), REP. BY LR BROTHER T. PEDDA SUBBAIAH (DIED) POLIREDDYPET, GOPAVARAM MANDAL KADAPA DISTRICT
49. MEKALA ROSAIAH (DIED), REP. BY LR SON MEKALA PEDDA KONDAIAH R/O CHINNAKESAMPALLI BADVEL MANDAL, KADAPA DISTRICT
50. KUDAMALA PEDDA SUBBA REDDY S/O SIDDA REDDY, R/ O ADUSUVARIPALLI GOPAVARAM MANDAL KADAPA DISTRICT
51. PABOTU USHA RANI W/O SUNDAR RAJ, R/O NGO COLONY KADAPA DISTRICT
52. GANAGANAPALLE NARAYANA S/O VENKATASUBBAIAH (DIED), R/O NELLORE ROAD, BADVEL MANDAL, KADAPA DISTRICT
6 VS,J W.P.No.432 & 2198 of 2019
53. TUPAKULA RAMAIAH (DIED), REP. BY LR WIFE LAKSHMAMMA R/O POLIREDDYPETA, GOPAVARAM MANDAL
KADAPA DISTRICT. 54. AKULA DANAMMA W/O LAKSHMINARAYANA, R/O KADAPA DISTRICT
55. TUPAKULA RAMDAS S/O VENKATAIAH, GOPAVARAM MANDAL KADAPA DISTRICT
56. MODEM VENKATASUBBAMMA W/O NAGAIAH, R/O KOTA OBULAVARIPALLI MANDAL KADAPA DISTRICT. 57. TUPAKULA CHINNAIAH (DIED), REP. BY LR BROTHER'S SON TUPAKULA RAM CHANDRA
R/ O POLIREDDYPETA, GOPAVARAM MANDAL KADAPA DISTRICT
58. ARIGGELA MANJULAMMA W/O MURALIDHAR, R/O CHILAMAKUR, KAMALAPURAM MANDAL, KADAPA DISTRICT
59. SUDDAPALLIS AMBAIAH (DIED), REP. BY LR SON S. GIRI SEKHAR AGED R/O KURNOOL DISTRICT
60. JALE GOPALAIAH (DIED), REP. BY LR WIFE KANAKAMMA AGED B.V.NAGAR, NELLORE-4. 61. TUPAKULA CHINNABBI S/O VENKATAIAH (DIED), R/ O POLIREDDYPETA, GOPAVARAM MANDAL, KADAPA DISTRICT
62. TUPAKULA KONDAIAH (DIED), REP. BY LR DAUGHTER M.
SUBBALAKSHUMMA R/O POLIREDDYPETA, GOPAVARAM MANDAL, KADAPA DISTRICT. 63. GRANDE RAMAIAH (DIED), REP. BY LR WIFE RAMANAMMA R/O RAVINDRA NAGAR, KONDAIPALEMGATE NELLORE DISTRICT. 64. PABOTU HYMAVATHI W/O RAMA RAO, R/ O RAVENDRA NAGAR, NEAR KONDAIPALEM GATE, NELLORE DISTRICT
65.
POOLA BALASUBBARAYUDU S/O RAMAIAH, R/O NELLORE ROAD BADVEL MANDAL, KADAPA DISTRICT
7 VS,J W.P.No.432 & 2198 of 2019
66. SUDDAPALLE JAYAMMA W/O BRAHMAMAM, R/O VEDURLABAZAR, PRODDATUR
67. VADDE MOHANDAS BABU S/O SUBBA REDDY, ANANTAPURAM
68. GOGULA PEDDA SUBBAIAH (DIED), REP..BY LR SON SUBBARAYUDU (DIED) REP. BY LR BROTHER BALAIAH
69. GOGULA CHINNA SUBBAIAH (DIED), REP. BY LR SON SUBBARAYUDU (DIED) REP. BY LR SON RAMASUBBAIAH ADUSUVARIPALLI, GOPAVARAM MANDAL KADAPA DISTRICT
70. KAMBALA THIRUPALAIAH (DIED), REP. BY LR SUBBARATNAMMA R/O SHANTI NAGAR, BADVEL MANDAL NELLORE DISTRICT. 71. PADURTHI ATCHAMMA (DIED), REP. BY LR SISTER'S DAUGHTER KOTAPATI AMMANAMMA
R/O VEMPALLI, MANUBOLU NELLORE DISTRICT
72. RAVURI PENCLIALAIAH NAIDU (DIED), REP. BY LR SON RAMAIAH R/O ISUKAPALLI, GIDDALUR SYDAVARAM MANDAL, NELLORE DISTRICT
73. KUDAMALA NAGI REDDY (DIED), REP. BY LR WIFE PARVATHAMMA (DIED) R/O DEVUNI KADAPA, KADAPA DISTRICT. 74. KONIDANA CHENCHAMMA W/O SUBBARAMAIAH (DIED), R/O UPPATAVARIPALLI, BADVEL MANDAL KADAPA DISTRICT
75. NAGARAJUPALLE VENKATASUBBAIAH S/O SESHAIAH, R/O NELLORE ROAD (SAW MILL), BADVEL MANDAL KADAPA DISTRICT. 76. GRANDE NARASIMHULU S/O NARASAIAH (DIED), R/O BALIJAPALEM, LINGASAMUDRAM, NELLORE DISTRICT. 77. KUDAMALA SESHAIAH (DIED), REP. BY LR WIFE NARASAMMA R/O MUKUNDASRAM,ONTIMITTA MANDAL KADAPA DISTRICT
78. KUDAMALA YERRAIAH (DIED), REP. BY LR SON CHINNA
8 VS,J W.P.No.432 & 2198 of 2019
VENKATASUBBAIAH R/O PALLEPATIDENNE, MUTUKUR MANDAL NELLORE DISTRICT
79. KUDAMALA SUBBARAYUDU. S/O VENKATASUBBAIAH, R/O ARAPADI, UDAYAGIRI MANDAL NELLORE DISTRICT
80. SHAIK BIKAR SAHEB (DIED), REP. BY LR WIFE KAMAL BEE R/O ANJANEYA NAGAR, BADVEL MANDAL KADAPA DISTRICT
81. KUDAMALA PEDDA VENKATAIAH (DIED) REP. BY LR RAMAKRISHRIA REDDY, R/O ADUSUVARIPALLI, GOPAVARAM MANDAL KADAPA DISTRICT
82. NAGARJUPALLE RAMAKRISHNAIAH (DIED), REP. BY LR DAUGHTER M.VIJAYA LAKSHMI R/O RAVINDRA NAGAR, KODAIPALERNGATE NELLORE DISTRICT
83. NAGARJUNPALL SUDHAKAR RAO S/O SUBBARAYUDU, R/O RAVINDRA NAGAR KONDAIPALEMGATE, NELLORE DISTRICT
84. KUDAMALA NARAPA REDDY S/O YERRAIAH, R/O PALLEPATIDENNE, MUTUKUR MANDAL, NELLORE DISTRICT
85. KUDAMALA SUBBAIAH S/O ANKAIAH, R/O PALLEPATIDENNE MUTUKUR MANDAL, NELLORE DISTRICT
86. KUDAMALA ROSAMMA (DIED), REP. BY LR GRANDSON MALLEM KONDAREDDY (DIED) REP. BY LR GRANDSON MEKALA. MALLEM KONDAIAH
R/O RAVINDRANAGAR, KONDAIPALEMGATE NELLORE DISTRICT. 87.
NAGIREDDY KONDA REDDY S/O RAMI REDDY, R/O PALLEPATIDENE MUTUKUR MANDAL, NELLORE DISTRICT
88. NAGIREDDY LAKSHUMMA W/O VENKATA REDDY, R/ O PIDATAPOLURU MUTUKUR MANDAL, NELLORE DISTRICT
89. GALLA RAJAMANNAR (DIED), REP. BY LR WIFE CHENCHULAKSHMI R/O RAVINDRANAGAR, KONDAIPALEM GATE NELLORE DISTRICT
90. GALLA VENKATAKRISHNAIAH S/O NARASIMHULU SETTY, R/O
9 VS,J W.P.No.432 & 2198 of 2019
RAVINDRANAGAR, KONDAIPALEM GATE NELLORE DISTUCT
91. NAGRIEDDY RAMI.REDDY (DIED), REP. BY HIS LR WIFE SUBBALAKSHUMMA (DIED) REP. BY LR SON RAMACHANDRA REDDY PALLEPATIDENNE, MUTUKUR MANDAL NELLORE DISTRACT. 92. NAGIREDDY AR KAMMA (DIED), REP. BY LR SON THIRUPALU REDDY R/O PALLEPATIDENNE, MUTUKUR MANDAL NELLORE DIST/WT. 93. NAGIREDDY SREENIVASULU REDDY (DIED), REP. BY LR SON THIRUPALU REDDY R/O PALLEPATIDENNE, MUTUKUR MANDAL NELLORE DISTRICT. 94. GATTUPALLE EASWARAMMA W/O KONDA REDDY, R/O SALMANPURAM BUCHIREDDYPALEM, NELLORE DISTRICT
95. NAGARAJUPALLC RUKMINAMMA (DIED), REP. BY LR SON MOHAN (DIED) REP. BY HIS LR WIFE SUBBARATNAMMA ANJANEYA NAGAR, BADVEL MANDAL KADAPA DISTRICT. 96. PALLEM PITCHI REDDY (DIED), REP. BY LR WIFE CHINNAKKA R/O PALLEPATIDENNE, MUT'UKUR MANDAL
NELLORE DISTRICT
97. POLREDDY MASTHANAIAH S/O VENKATA REDDY, R/O PALLEPATIDENNE, MUTUKUR MANDAL NELLORE DISTRICT
98. SHAIK KALESHA S/O NANNESAHEB, AGRICULTURE R/O DEVARAYAPALLI, ANAGAGARAM MANDAL NELLORE DISTRICT. 99. SINGANAMALA NARASAIAH (DIED), REP. BY LR WIFE RAMANAMMA R/O GANDHI NAGAR, BADVEL MANDAL KADAPA DISTRICT. 100. UDAYAGIRI PENCHALAIAH (DIED), REP. BY LR WIFE NARASAMMA SITAPURAM, ONTIMITTA MANDAL KADAPA DISTRICT
101. NAGIREDDY RAMASUBBA REDDY S/O RAMI REDDY, R/O
10 VS,J W.P.No.432 & 2198 of 2019
PALLEPATIDENNE, MUTUKUR MANDAL, NELLORE DISTRICT. 102. KANCHI VENKATASUBBAIALI (DIED), REP. BY LR DAUGHTGER- IN-LAW M. VIJAYALAKSHMI
R/O RAVINDRANAGAR KONDAIPALEMGATE, NELLORE DISTRICT
103. KOMMINENI MHAN S/O VENKATARAMAIAH, R/O MUDDANUR, KADAPA DISTRICT
104. VADLA KANTHAMMA (DIED), REP. BY LR SON VEERA PRATAP R/O RAVINDRA NAGAR, KONDAIPALEM GATE NELLORE DISTRICT. 105. GALLA VENKATAIAH S/O LAKSHMINARASAIAH DIED, R/O RAVINDRA NAGAR, KONDAIPALEM GATE NELLORE DISTRICT
106. GALLA GOPALAKRISHNAIAH (DIED), REP. BY LR SON SIVAIAH R/O RAVINDRA NAGAR, KONDAIPALEM GATE NELLORE DISTRICT. 107. KUDAMALA RAMASUBBAIAH (DIED), REP. BY LR WIFE RAMANAMMA R/O PALLEPATIDENNE,MUKUTUR MANDAL NELLORE DISTRICT. 108.
UDAYAGIRI RAMULAMMA W/O SUBBAIAH (DIED), KADAPA DISTRICT
109. KUDAMALA RAMANA REDDY S/O YERRAIAH, R/O PALLEPATIDENNE MUKUTUR MANDAL, KADAPA DISTRICT
110. MEKALA SUBBAMMA (DIED), REP. BY LR SON MEKALA MALLAMKONDA REDDY R/O PIDATAPOLURU, MUTUKUR MANDAL KADAPA DISTRICT
111. MEKALA MALLEM KONDA REDDY S/O RAMAIAH, R/O PIDATAPOLURU, MUTUKUR MANDAL KADAPA DISTRICT
112. PACHURI KONDAIAH (DIED), REP. BY LR SON SUBBARAYUDU (DIED) REP. BY LR SON SUBBARAYUDU R/O PALLEPATIDENNE, MUTUKUR MANDAL NELLORE DISTRICT
113. PARCHURI BALA KONDAIAH (DIED), REP. BY LR WIFE
11 VS,J W.P.No.432 & 2198 of 2019
NARASAMM 109 ALURU, ISUKAPALLI NELLORE DISTRICT
114. MUKKU KONDAMMA (DIED), REP. BY LR SON PULLAIAH R/ O SOMASILA, ANANTASAGAR MANDAL NELLORE DISTRICT
115. PARCHURI LAKSHUMMA (DIED), REP. BY LR SON SUBBARAYUDU R/O PALLEPATIDENNE, MUTUKUR MANDAL NELLORE DISTRICT. 116. GALLA SOWBHAGALAKSHMI D/O LAKSHMINARASAIAH, R/O RAVINDRA NAGAR, NEAR KONDAIPALEM GATE NELLORE DISTRICT
117. KANTE LAKSHMINARASAMMA (DIED), REP. BY HER LR SON GOPALAKRISHNAIAH (DIED) REP BY LR WIFE AMARAVATHI R/O RAVINDRA NAGAR, NEAR KONDAIPALEM GATE NELLORE DISTRICT
118. POLIREDDY ROSAMMA (DIED), REP. BY LR CHINNAPPA REDDY R/O POLLIPATIDENNA, MUTUKUR MANDAL NELLORE DISTRICT
119. CHELLA NARASAIAH (DIED), REP. BY LR WIFE NARASAMMA R/O GANDHIVEDI, YADAV NAGAR BADVEL MANDAL, KADAPA DISTRICT
120. CHELLA VENKATAIAH (DIED), REP. BY LR WIFE CHINNAKKA AGED SIVANAGAR, BADVEL MANDAL, KADAPA DISTRICT. 121. KUDAMALA VENKATASUBBAIAH S/O YERRAIAH DIED, R/O PALLEPATIDENNE, MUTUKUR MANDAL, NELLORE DISTRICT
122. NAGARAJUPALLE SUBBAMMA (DIED), REP. BY LR SON RAMAKRISHNAIAH (DIED) REP. BY LR DAUGHTER M.VIJAYALAKSHMI
R/O RAVINDRANAGAR, NEAR KONDAIPALEMGATE NELLORE DISTRICT
123. MITTHAKAL VENKATAIAH (DIED), REP. BY LR SON TIRUPALAIAH R/O GANDHIVEDI, YADAV NAGAR BADVEL MANDAL, KADAPA DISTRICT
124. PALLEM MUNAIAH (DIED), REP. BY LR BROTHER PITCHI REDDY
12 VS,J W.P.No.432 & 2198 of 2019
(DIED) REP. BY LR WIFE CHINNAKKA
125. SINGANAMALA CHINNA PENCHALAIAH S/O CHALAMAIAH, R/O SUMITRA NAGAR, BADVEL MANDAI KADAPA DISTRICT. 126. SINGANAMALA. NARASAMMA (DIED), REP. BY LR HER DAUGHTER SER/ O SANKARAPURAM, CHINNA CHOWK KADAPA DISTRICT TTIPALLI SHESHAMMA
127. SETTPALLE STIRYANARAYANA (DIED), REP. BY LR. WIFE SHESHAMMA R/ O SANKARAPURAM, CHINNA CHOWK KADAPA DISTRICT. 128.
GALLA NARASIMHULU CHETTY (DIED), REP BY HIS LR SON RAJAMANNAR (DIED) REP BY HER WIFE CHENCHU LAKSHMI R/O RAVINDRANAGAR, NEAR KONDAIPALEMGATE NELLORE DISTRICT
129. IRUKUMATI RAJAMMA (DIED), REP. BY LR DAUGHTER LAVANYA R/O RAVINDRANAGAR, NEAR KONDAIPALEMGATE NELLORE DISTRICT. 130. GALLA PENCHALAIAH S/O LAKSHMI NARASAIAH, R/O RAVINDRANAGAR, NEAR KONDAIPALEMGATE NELLORE DISTRICT
131. GALLA VIJAYUDU (DIED), REP. BY LR WIFE PADAMMA R/O REBALA. NELLORE DISTRICT. 132. KUDAMALA RAMA SUBBA REDDY S/O CHINNA VENKATA REDDY, R/O SIDDOUTAM MANDAL, KADAPA DISTRICT. 133. KUDAMALA ADIVI REDDY (DIED), REP., BY LR WIFE BALASURAMMA R/O LINGAMPALLI, SIDDOUTAM MANDAL KADAPA DISTRICT. 134. MIFHAKALA PENCHALAIAH (DIED), REP. BY LR SON VENGAIAH R/O GANDLAVEDI, BADVEL MANDAL KADAPA. DISTRICT. 135. MITHAKALA YERRAIAH S/O VENKATAIAH, R/O GANDLAVEDI BADVEL MANDAL, KADAPA DISTRICT. 13 VS,J W.P.No.432 & 2198 of 2019
136. NALLAM PENCHALAMMA (DIED), BY LR SON YANADAIAH (DIED) REP. BY LR WIFE OBULAMMA ENDULURU, PENGALURU MANDAL KADAPA DISTRICT
137. NALLAM YANADAIAH (DIED), REP. BY LR WIFE OBULAMMA R/O ENDULURU, PENGALURU MANAL KADAPA DISTRICT
138. PUNAGANI MALLEM KONDALAH, S/O NARASIMHULU LR OF 4, AGED ABOUT 47 YEARS, OCC. AGRICULTURE, R/O D.NO. 11 - 771, SUMITRA NAGAR, GOPAVARAM MANDAL, BADVEL MUNICIPALITY, CUDDAPAH DISTRICT. 139. KORRAPATI NARASAMMA, W/O KORRAPATI NAGAIAH, LR OF 7, AGED ABOUT 84 YEARS, OCC. AGRICULTURE, R/O D.NO. 0, ISUKAPALLI, GIDDALUR, NELLORE DISTRICT. 140. POLUBOYINA RAMULAMMA, W/O POLUBOYINA THIRUPALAIAH, LR OF 14, AGED ABOUT 70 YEARS, OCC. AGRICULTURE, R/O D.NO. 2 - 2 -28, DARGA VEEDI, BADVEL, CUDDAPAH DISTRICT. 141. P.SATYAVATI, W/O PASUPALETI RAMAKRISHNA LR OF 16, AGED ABOUT 55 YEARS, OCC. AGRICULTURE, R/O D.NO. 7/609 - 8A, SANKARAPURAM, CUDDAPAH DISTRICT. 142. GALLA KAVITHA, W/O GALLA VENKATA RAMAIAH, LR OF 17, AGED ABOUT 45 YEARS, OCC. AGRICULTURE, R/O D.NO. 24 - 7 - 515, RAVINDRA NAGAR, 1ST LINE, OPP UMMAREDDY GUNTA, KONDAYAPALEM GATE, NELLORE DISTRICT. 143. RAMULAMMA, W/O YERRAPA REDDY, LR OF 29, AGED ABOUT 61 YEARS, OCC. AGRICULTURE,
R/O D.NO.00, PULLIPADUDINNE PIDATAPOLUR, NELLORE DISTRICT. 144.
GALLA KAVITHA, W/O GALLA VENKATA RAMAIAH, LR OF 35, AGED ABOUT 45 YEARS, R/O RAVINDRA NAGAR, 1ST LINE, OPP UMMAREDDY GUNTA, KONDAYAPALEM GATE, NELLORE DISTRICT. 145. THUPAKULA VENKATA SUBBAIAH LR OF 38, S/O THUPAKULA LAKSHMAIAH, AGED 42 YEARS, OCC. AGRICULTURE, R/O D.NO. 5/16A, POLIREDDY PETA, SANDRAPALLI PANCHAYATI,
14 VS,J W.P.No.432 & 2198 of 2019
GOPAVARAM MANDAL CUDDAPAH DISTRICT. 146. GALLA VENUGOPAL S/O G.RAMAKRISHNAIAH LR OF 39, AGED ABOUT 62 YEARS, R/O D.NO. 1 - 35, KALLU PALLI VILLAGE, GANGAVARAM, CHITTOOR DISTRICT. 147. KAMABALA CHENCHU LAKSHUMMA, S/O KAMABALA SUBBAIAH, LR OF 46, AGED 64 YEARS, OCC. AGRICULTURE R/O D.NO. 3 - 1 -124, ASHOK NAGAR, NELLORE ROAD, OPP FATHIMA CHURCH, CUDDAPAH DISTRICT. 148. P.SATYAVATI, W/O PASUPALETI RAMAKRISHNA, LR OF 47, AGED ABOUT 55 YEARS, OCC. AGRICULTURE, R/O D.NO.7/609- 8A, SANKARAPURAM, CUDDAPAH DISTRICT. 149. GANAGANA PALLI VENKATARAMANA LR OF 52, S/O GANAGANAPALLE NARAYANA, AGED 47 YEARS, OCC. AGRICULTURE, R/O D.NO. 40/969,
ANJANEYA NAGAR, NAGABHUSHANAM LANE BADVEL, CUDDAPAH DISTRICT. 150. TUPAKULA BAKKALAH, S/O TUPAKULA CHINNABBI LR OF 61, @ TUPAKULA CHINNALAH, AGED 53 YEARS, OCC. AGRICULTURE, R/O POLIREDDYPETA, GOPAVARAM MANDAL, CUDDAPAH DISTRICT. 151. KUDAMALA DAMODAR REDDY, S/O KUDAMALA NAGI REDDY, LR OF 73, AGED ABOUT 52 YEARS, OCC. AGRICULTURE, R/O D.NO.26/2,
MODAMEEDA PALLI, PATHA CUDDAPAH, CUDDAPAH DISTRICT. 152. KONIDANA LAKSHMI DEVI, W/O LATE KRISHNA REDDY, LR OF 74, AGED ABOUT 50 YEARS, OCC. AGRICULTURE, R/O D.NO. 3 - 89, UPPATAVARIPALLI,
KONGALAVEEDU, CUDDAPAH DISTRICT. 153. GRANDE MANAMMA, W/O GRANDE NARASIMHULU LR OF 76, AGED ABOUT 66 YEARS, OCC. AGRICULTURE,
R/O BALIJIPALEM, LINGASAMUDRAM NELLORE DISTRICT. 154. SHAIK MAHABOOB TARA, S/O SHAIK BIKAR SAHEB LR OF 80, AGED ABOUT 52 YEARS, OCC. AGRICULTURE, R/O D.NO. 5 - 1 -
15 VS,J W.P.No.432 & 2198 of 2019
512, SHIVA NAGAR, BADVEL, CUDDAPAH DISTRICT. 155. GALLA JAYYAMMA, W/O GALLA VENKATAIAH, LR OF 105, AGED ABOUT 78 YEARS, OCC. AGRICULTURE, R/O D.NO. 24 - 2 -1609, RAVINDRA NAGAR, KONDAYAPALEM, ANDHRA KESARI NAGAR, NELLORE DISTRICT. 156.
UDAYAGIRI SUBBARAYUDU, S/O UDAYAGIRI SUBBAIAH, LR OF 108, AGED ABOUT 63 YEARS, D.NO.43/72, PRAKASH NAGAR, CUDDAPAH DISTRICT. 157. KANTE NAGA SAI PRASAD, S/O KANTE GOPALAKRISHNAIAH, LR OF 117, AGED ABOUT 35 YEARS, OCC. AGRICULTURE, R/O D.NO. 1 - 79, LINGABALIJA STREET, NAWEB PETA, NELLORE DISTRICT. 158. YERRAPA RAMULAMMA, YERRAPA REDDY, LR OF 121, AGED ABOUT 61 YEARS, OCC. AGRICULTURE, R/O D.NO. 00, PALLIPADUDINNE PIDATAPOLUR,
NELLORE DISTRICT. PETITIONERS 138 TO 158 ARE BROUGHT ON RECORD AS L.RS TO THE DECEASED PETITIONER NOS. 4, 7, 14, 16, 17, 29, 35, 38, 39, 46, 47, 52, 61, 73, 74, 76, 80, 105,108,117,AND 121 AS PER THE ORDER OF THIS COURT, DT.01.11.2023 VIDE ORDER PASSED IN I.A.1 OF 2023. ...PETITIONER(S) AND
1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY IRRIGATION AND CAD DEPARTMENT VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT, ANDHRA PRADESH
2. THE SPECIAL COLLECTOR LAND ACQUISITION, GALERU NAGARI SRUJALA SRAVANTHI (GNSS) NEW COLLECTORATE OFFICE, KADAPA YSR KADAPA DISTRICT, A.P.
3. THE SPECIAL DEPUTY COLLECTOR LAND ACQUISITION, SOMASILA PROJECT UNIT-IV, RAJAMPET, KADAPA DISTRICT, A.P.
4. THE DISTRICT COLLECTOR, CHAIRMAN AND EMPOWERED
16 VS,J W.P.No.432 & 2198 of 2019
COMMITTEE KADAPA, YSR KADAPA DISTRICT, A.P
...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 direct the respondents to pay interest on compensation from the date of taking possession to till date of passing Awards i.e., 17-11- 1977 to 15-10-1979 for Reach No.I, Award No.10/79-80, for Reach No.II, Award No.1/81-82 from 17-11-1977 to 04-12-1981 including equal compensation on par with neighbouring adjacent land
judgment (Bukkayyapalli Village) in A.S. No.1749/2004 dated 01-03-2013 (as enhanced for lands, Category-I Rs.36,000/- per acre) belonging to the petitioners lands, houses, trees, wells etc., acquired from Ravulakollu Village, Gopavaram Mandal, Kadapa District, Andhra Pradesh for submersion of Somasila Project, pending disposal of the above writ petition IA NO: 1 OF 2019 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 interest on compensation from the date of taking possession to till date of passing Awards i.e., 17-11¬1977 to 15- 10-1979 for Reach No.I, Award No.10/79-80, for Reach No.II, Award No.1/81- 82 from 17-11-1977 to 04-12-1981 including equal compensation on par with neighbouring adjacent land judgment (Bukkayyapalli Village) in A.S. No.1749/2004 dated 01-03-2013 (as enhanced for lands, Category-I = Rs.36,000/- per acre) belonging to the petitioners lands, houses, trees, wells etc., acquired from Ravulakollu Village, Gopavaram Mandal, Kadapa District, Andhra Pradesh for submersion of Somasila Project, pending disposal of the above writ petition IA NO: 1 OF 2023 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 please to permit the Proposed Petitioners to come on record as Legal Representatives of the Petitioner No.s 4,7,14,16,17,29,35,38,39,46,47,52,61,73,74,76,80,105,108,117 & 121 in the
17 VS,J W.P.No.432 & 2198 of 2019
above W.P.No. 432 of 2019 as Petitioners Nos. 138 to 158 in the interest of justice. Counsel for the Petitioner(S):
1. Y VENKATASATYAM
2. M VENKATA RAMANA REDDY Counsel for the Respondent(S):
1. GP FOR LAND ACQUISITION
2. GP FOR IRRIGATION COMM AREA DEV WRIT PETITION NO: 2198/2019 Between:
1. PATURI YERRA GANGAIAH GARI RAMA SUBBAREDDY, SO SUBBAREDDY AGED ABOUT 46 YEARS R/O BANDARUPALLI VILLAGE, H/O KUDUMULURU, VONTIMITTA MANDAL, KADAPA DISTRICT, ANDHRA PRADESH
2. PATURU GANGIREDDY, S/O PATURU SUBBAREDDY AGED ABOUT 66 YEARS R/O BANDARUPALLI VILLAGE, H/O KUDUMULURU, VONTIMITTA MANDAL, KADAPA DISTRICT, ANDHRA PRADESH. 3. PATURU YARRA GANGAIAH GARI SUBBAREDDY, S/O PATURU YERRA GANGIAH GARI SUBBAREDDY AGED ABOUT 67 YEARS R/O BANDARUPALLI VILLAGE, H/O KUDUMULURU, VONTIMITTA MANDAL, KADAPA DISTRICT, ANDHRA PRADESH. 4. PATURU YARRA GANGAIAH GARI NADIPI SUBBAREDDY, S/O PATURU YERRA GANGIAH GARI SUBBAREDDY AGED ABOUT 60 YEARS R/O BANDARUPALLI VILLAGE, H/O KUDUMULURU, VONTIMITTA MANDAL, KADAPA DISTRICT, ANDHRA PRADESH. 5.
PATURI YARANGAIAH GARI OBULAMMA, W/O PATURI YARANGAIAH GARI SUBBAREDDY AGED ABOUT 77 YEARS R/O BANDARUPALLI VILLAGE, H/O KUDUMULURU, VONTIMITTA
18 VS,J W.P.No.432 & 2198 of 2019
MANDAL, KADAPA DISTRICT, ANDHRA PRADESH
6. PATURU PADMAVATHI, W/O PATURU YARRAGANAIAH GARI AVUL REDDY AGED ABOUT 52 YEARS R/O BANDARUPALLI VILLAGE, H/O KUDUMULURU, VONTIMITTA MANDAL, KADAPA DISTRICT, ANDHRA PRADESH. 7. PATURU YARANGANGAIAH GARI OVUL REDDY, S/O PATURU YARAGANGAIAH GARI SUBBAREDDY AGED ABOUT 57 YEARS R/O BANDARUPALLI VILLAGE, H/O KUDUMULURU, VONTIMITTA MANDAL, KADAPA DISTRICT,
8. PATURU SUBBAREDDY, S/O PATURU SUBBAREDDY AGED ABOUT 56 YEARS R/O BANDARUPALLI VILLAGE, H/O KUDUMULURU, VONTIMITTA MANDAL, KADAPA DISTRICT, ANDHRA PRADESH. 9. PATURU GANGIREDDY, S/O JEEWALAKADA SUBBAREDDY AGED ABOUT 55 YEARS R/O BANDARUPALLI VILLAGE, H/O KUDUMULURU, VONTIMITTA MANDAL, KADAPA DISTRICT, ANDHRA PRADESH. 10. PATURU YARRAGANGAIAH GARI CHINNA SUBBAREDDY, S/O PATURU YARRAGANGAIAH GARI SUBBA REDDY AGED ABOUT 72 YEARS R/O BANDARUPALLI VILLAGE, H/O KUDUMULURU, VONTIMITTA MANDAL, KADAPA DISTRICT, ANDHRA PRADESH. 11. PATURU VENKATA SUBBAMMA, W/O PATURU SUBBAREDDY AGED ABOUT 46 YEARS R/O BANDARUPALLI VILLAGE, H/O KUDUMULURU, VONTIMITTA MANDAL, KADAPA DISTRICT, ANDHRA PRADESH. 12. RAYANA PARVATHAMMA, W/O RAYANA GANGAIAH AGED ABOUT 63 YEARS R/O BANDARUPALLI VILLAGE, H/O KUDUMULURU, VONTIMITTA MANDAL, KADAPA DISTRICT, ANDHRA PRADESH. 13. PATURU GANGIREDDY, S/O PATURU SUBBAREDDY AGED ABOUT 56 YEARS R/O BANDARUPALLI VILLAGE, H/O KUDUMULURU, VONTIMITTA MANDAL, KADAPA DISTRICT, ANDHRA PRADESH. 19 VS,J W.P.No.432 & 2198 of 2019
14. RAYANA CHINNA NARAIAH, S/O ROSAIAH AGED 68 YEARS R/O BANDARUPALLI VILLAGE, H/O KUDUMULURU, VONTIMITTA MANDAL, KADAPA DISTRICT, ANDHRA PRADESH. 15. RAYANA NARAYANAMMA, W/O GANGAIAH AGED ABOUT 70 YEARS R/O BANDARUPALLI VILLAGE, H/O KUDUMULURU, VONTIMITTA MANDAL, KADAPA DISTRICT, ANDHRA PRADESH. 16. POLUBOINA SUBBAIAH, S/O POLUBOINA SUBBANNA AGED ABOUT 53 YEARS R/O BANDARUPALLI VILLAGE, H/O KUDUMULURU, VONTIMITTA MANDAL, KADAPA DISTRICT, ANDHRA PRADESH. 17. POLUBOYINA SUBBANNA, S/O POLUBOYINA VENKATA SUBBAIAH AGED ABOUT 87 YEARS R/O BANDARUPALLI VILLAGE, H/O KUDUMULURU, VONTIMITTA MANDAL, KADAPA DISTRICT, ANDHRA PRADESH. 18.
PATURI YARRA GANGAIAHGARI VENKATA SESHAREDDY, S/O PATURI YARRAGANGAIAH GARI SUBBAREDDY AGED ABOUT 48 YEARS R/O BANDARUPALLI VILLAGE, H/O KUDUMULURU, VONTIMITTA MANDAL, KADAPA DISTRICT, ANDHRA PRADESH. 19. ANUPATI KALI CHARAN KUMAR, S/O ANUPATI MAHANKAIAH AGED ABOUT 34 YEARS R/O BANDARUPALLI VILLAGE, H/O KUDUMULURU, VONTIMITTA MANDAL, KADAPA DISTRICT, ANDHRA PRADESH. 20. RAJOLI VEERAREDDY, S/O VEERAREDDY AGED ABOUT 50 YEARS R/O BANDARUPALLI VILLAGE, H/O KUDUMULURU, VONTIMITTA MANDAL, KADAPA DISTRICT, ANDHRA PRADESH. 21. PALLEM YERRAPAREDDY (DIED), REP. BY HIS LR WIFE PALLEM SUBBA LAKSHUMMA AGED ABOUT 60 YEARS R/O BANDARUPALLI VILLAGE, H/O KUDUMULURU, VONTIMITTA MANDAL, KADAPA DISTRICT, ANDHRA PRADESH. 22. KUNDLA GANGARNMA, W/O YELLAREDDY AGED ABOUT 52 YEARS R/O BANDARUPALLI VILLAGE, H/O KUDUMULURU, VONTIMITTA MANDAL, KADAPA DISTRICT, ANDHRA PRADESH. 20 VS,J W.P.No.432 & 2198 of 2019
23. KAKARLA GUNTAIAH, S/O GUNTAIAH AGED ABOUT 65 YEARS W/O YELLAREDDY AGED ABOUT 52 YEARS R/O BANDARUPALLI VILLAGE, H/O KUDUMULURU, VONTIMITTA MANDAL, KADAPA DISTRICT, ANDHRA PRADESH. 24. PUTURU SUBBAREDDY, S/O AVUL REDDY AGED 60 YEARS R/O BANDARUPALLI VILLAGE, H/O KUDUMULURU, VONTIMITTA MANDAL, KADAPA DISTRICT, ANDHRA PRADESH. ...PETITIONER(S) AND
1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY IRRIGATION AND CAD DEPARTMENT
SECRETARIAT, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT, A.P.
2. THE SPECIAL COLLECTOR, GALERU NAGARI SRUJALA SRAVANTHI (GNSS) KADAPA, KADAPA DISTRICT
3.
THE SPECIAL DEPUTY COLLECTOR LA, SOMASILA PROJECT UNIT-IV RAJAMPET, (PREVIOUSLY TGP, NELLORE AT RAJAMPET) KADAPA DISTRICT-CUM-THE LAND ACQUISITION OFFICER
...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 toto issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus under Article 226 of the Constitution of India declaring the action of the respondents in not paying interest for the house properties of the petitioners situated in Reach No.1 86 2 of Bandarupalli Village, H/o Kudamalur Village, Vontimitta Mandal, Kadapa District acquired under the notification published on 17-09-2002 to the petitioners in terms of Section 34 of the Land Acquisition Act from the date of taking of taking possession of their properties on 29-09-1999 till the date of award No.1/2003- 04 dated 31-12-2003 till realization and in not paying 50 percent incentive as provided under G.O. Rt.No.484, Irrigation 86 CAD (Project Wing/TGP/.II/A-2, Department dated 26-06-2003 as illegal, arbitrary, unjust and violative of the provisions of the Land Acquisition Act and also offenders Articles 14 and 300- A of the Constitution and India and direct the respondents to pay interest on
21 VS,J W.P.No.432 & 2198 of 2019
the amount of compensation including solatium and additional market value at the rate of 9 percent for the 1st year and at 15 percent thereafter from the date of taking possession on 29-09-1999 till the date of award No.1/2003-04 dated 31-12-2003 till realization and pass IA NO: 1 OF 2019 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 pay interest to the structures of the petitioners situated in Reach No.1 and 2 of Bandarupalli Village, H/o Kudamalur Village, Vontimitta Mandal, Kadapa District acquired under the notification published on 17-09-2002 in terms of Section 34 of the Land Acquisition Act till realization, pending disposal of the above writ petition and pass Counsel for the Petitioner(S):
1.
Y VENKATASATYAM Counsel for the Respondent(S):
1. GP FOR LAND ACQUISITION (AP)
2. GP FOR IRRI AND CAD (AP) The Court made the following:
22 VS,J W.P.No.432 & 2198 of 2019
COMMON ORDER:
Both these writ petitions are filed by different petitioners, but the issue involved in these petitioners is identical. Hence, I feel it appropriate to dispose of both these writ petitions by way of a common order, taking W.P.No.432 of 2019 as a leading case. 2. W.P.No.432 of 2019 came to be filed under Article 226 of the Constitution of India, seeking the following prayer:
“…to direct the respondents to pay interest on compensation from the date of taking possession to till date of passing Awards i.e., 17-11-1977 to 15-10- 1979 for Reach No.I, Award No.10/79-80, for Reach No.II, Award No.1/81-82 from 17-11-1977 to 04-12- 1981 including equal compensation on par with neighbouring adjacent land judgment (Bukkayyapalli Village) in A.S. No.1749/2004 dated 01-03-2013 (as enhanced for lands, Category-I Rs.36,000/- per acre) belonging to the petitioners lands, houses, trees, wells etc., acquired from Ravulakollu Village, Gopavaram Mandal, Kadapa District, Andhra Pradesh for submersion of Somasila Project, pending disposal of the above writ petition…”
3. All the petitioners are residents of Ravulakollu village, Gopavaram mandal, Kadapa district and are eking out their livelihood by doing agriculture in the lands accrued in their favour from their ancestors. It is the case of the petitioners that their lands and houses were acquired for the Somasila Project under the provisions of the Land Acquisition Act,
1894. During the course of acquisition, notifications under Section 4(1) of
23 VS,J W.P.No.432 & 2198 of 2019
the Act were issued and declarations under Section 6 were subsequently issued, by invoking the urgency provision under Section 17(4) of the Act in respect of Reach Nos.1 and 2 of Ravulakollu village, Gopavaram mandal, Kadapa district.
Pursuant to the acquisition proceedings, awards dated 15.10.1979 (for Reach No.1) and 04.12.1981 (for Reach No.2) were passed by the Land Acquisition Officer fixing compensation for the acquired lands under different categories vide i.e., Rs.10,000/- per acre in respect of Category-I lands (Wet and irrigable dry lands); Rs.7,000/- per acre in respect of Category-II lands (Dry lands under well irrigation); Rs.4,000/- per acre in respect of Category-III lands (Dry lands with well irrigation, but little inferior when compared to Category – II lands) and Rs.2,500/- per acre in respect of Category-IV lands (Rainfed lands with no source of irrigation. 4. Aggrieved by the quantum of compensation, the petitioners sought reference under Section 18 of the Land Acquisition Act seeking enhancement of the compensation. The matter was referred to competent Civil Court which is numbered as LAOP No.9 of 1986 (for Reach No.1) and LAOP No.4 of 1986 (for Reach No.2). The jurisdictional Court, after examining the issue, enhanced the quantum of compensation for all categories of lands vide order dated 29.04.1987 (for Reach No.1) and 30.04.1987 (for Reach No.2). The quantum of compensation for lands belonging to Category-I was enhanced to Rs.15,000/-; Category-II was
24 VS,J W.P.No.432 & 2198 of 2019
enhanced to Rs.13,000/-; Category-III was enhanced to Rs.5,000/- and Category-IV was enhanced to Rs.5,000/-. The appeals preferred by the State Government against the said orders were dismissed on the ground of delay, and consequently the abovementioned enhanced compensation became final. 5. The case of the petitioners is that the lands in Bukkayapalli were also acquired for the Somasila Project. In respect of the said lands, the concerned authorities had initially fixed the compensation for Category-I lands as Rs.10,000/- per acre vide Award No.4 of 1980, dated
12.12.1980. Thereafter, as the landowners belonging to Bukkayapalli village sought enhancement of compensation by approaching the reference Court, vide order dated 25.02.2002 in LAOP No.43 of 2000, the compensation for Category-I lands was enhanced to Rs.36,000/- per acre.
The said determination was subsequently challenged before the High Court in A.S.No.1749 of 2004, and the compensation of Rs.36,000/- per acre was confirmed by judgment dated 01.03.2013. 6. The grievance of the petitioners is that they are also entitled to the same compensation of Rs.36,000/- per acre, on the ground that their lands in Ravulakollu Village are similarly situated as that of the lands in Bukkayapalli village. Further, the petitioners contend that they are also entitled for interest on the compensation as per Land Acquisition Act from the date of acquiring possession till the date of passing of awards i.e.,
25 VS,J W.P.No.432 & 2198 of 2019
from 17.11.1977 to 15.10.1979 in respect of Reach No.1 and from 17.11.1977 to 04.12.1981 in respect of Reach No.2. Hence, the present writ petition is filed. 7. The 3rd respondent filed a detailed counter affidavit admitting the fact that the lands in Ravulakollu Village, Gopavaram Mandal, were acquired for submergence under the Somasila Project in two reaches. In respect of Reach-I, an extent of Ac.89.00 was acquired, for which the notification under Section 4(1) of the Land Acquisition Act, 1894, dispensing with the enquiry under Section 5-A by invoking the urgency provision under Section 17(4), was published on 17.11.1977. The declaration under Section 6 was thereafter published and Award No.10/1979-80 was passed on 15.10.1979. In respect of Reach-II, an extent of Ac.276.67 cents of patta land was acquired, for which the notification and declaration were issued on 29.12.1977 and Award No.1/1981-82 was passed on 04.12.1981. It is stated that the compensation determined under the said awards was also paid to the respective awardees, including the petitioners. While determining the market value, the then Land Acquisition Officer inspected the lands along with the officials of the Horticulture, Forest and Engineering Departments and considered the sale transactions preceding the publication of the Section 4(1) notification.
The lands were classified into different categories having regard to factors such as the source of irrigation, fertility, soil, sort
26 VS,J W.P.No.432 & 2198 of 2019
and taram of the land. Accordingly, different market values were fixed for wet and irrigable dry lands, dry lands under well irrigation, rainfed lands, cultivable waste lands and uncultivable waste lands. 8. It is further stated in the counter affidavit that the award proceedings specifically recorded that the PWD authorities had not entered upon the lands covered by the respective reaches and, consequently, no interest on compensation was awarded. The said observation in the awards establishes that the possession of the subject lands have not been taken prior to the passing of the awards. Therefore, the petitioners cannot claim interest from the dates of the Section 4(1) notifications or from the dates of the awards on the premise that possession had already been taken. It is further contended that some of the awardees, including the petitioners, being dissatisfied with the compensation determined by the Land Acquisition Officer, sought references under Section 18 of the Land Acquisition Act. The jurisdictional Court, Rajampet, enhanced the compensation awarded by the Land Acquisition officer by common judgment dated 29.04.1987 in LAOP No.9/86 and batch in respect of Reach-I and another common judgment dated 30.04.1987 in LAOP No.4/86 and batch in respect of Reach-II. The enhanced compensation included revised market values for wet, irrigable dry, rainfed, cultivable waste and uncultivable waste lands, besides the value of trees and the statutory benefits of solatium, additional market
27 VS,J W.P.No.432 & 2198 of 2019
value and interest. The appeals preferred by the Land Acquisition Officer, before this Court, against the said judgments were dismissed confirming the orders of the lower Court. Subsequently, the respondents deposited the said amounts before the lower Court and the petitioners received the amounts without objection. 9.
It is further averred in the counter affidavit that though the petitioners contend that the possession should be deemed to have been taken on the dates of the draft notifications, the awards issued in their favour clearly state that the PWD authorities had not entered upon the lands. As such, it is averred that possession was taken only after passing of the awards and the petitioners are therefore not entitled to claim interest for the period 17.11.1977 to 15.10.1979 (in respect of Reach No.1) and 17.11.1977 to 04.12.1981 (in respect of Reach No.2). With regard to the claim of the petitioners that they are also entitled for a compensation @Rs.36,000/- per acre on par with compensation awarded for lands situated in Bukkayapalli Village by way of award dated 25.02.2002 in LAOP No.43 of 2000, the respondents contend that although Ravulakollu and Bukkayapalli Villages form part of the same Panchayat, the awards relating to the two villages were based on different sale transactions and different factual circumstances. The Land Acquisition Officer had determined the market value separately on the basis of the sale transactions available during the relevant three-year
28 VS,J W.P.No.432 & 2198 of 2019
period and other factors such as the assured source of water supply, fertility of soil etc. It is contended that in respect of Bukkayapalli Village, the Land Acquisition Officer had initially fixed the market value of Category-I patta lands at Rs.12,000/- per acre for lands having three crops and Rs.10,000/- per acre for lands having two crops. Upon challenging the same, the jurisdictional Court, Kadapa, enhanced the market value of Category-I lands to Rs.36,000/- per acre in LAOP No.43/2000, dated 25.02.2002. The appeal preferred by the Land Acquisition Officer against such award was dismissed by this Court in A.S.No.1749 of 2014, dated 01.03.2013, and the enhanced compensation was consequently confirmed. As such, the enhancement granted in respect of Bukkayapalli cannot automatically be extended to the lands of Ravulakollu, since the market value in each acquisition was determined on the basis of the sale statistics and characteristics relevant to that particular acquisition.
As the writ petition is devoid of merits, the 3rd respondent requested to dismiss the writ petition. 10. The petitioners have filed a reply affidavit duly denying the
contentions raised by the 3rd respondent in the counter affidavit. It is contended that the respondents shall pay all the benefits to the petitioners from the date of taking possession or from the date of issuance of notification till the date of passing of the award. The Land Acquisition Officer cannot award compensation to the lands in a discriminatory
29 VS,J W.P.No.432 & 2198 of 2019
manner as per his whims and fancies, contrary to the provisions of the Land Acquisition Act, 1894. Hence, requested to allow the writ petition. 11. Heard Sri. M. Venkata Ramana Reddy, learned counsel for the petitioners and learned Government Pleader for Land Acquisition. 12. Perused the entire material available on record. Admittedly, the petitioners’ lands situated in Ravulakollu Village were acquired for the Somasila Project pursuant to notifications issued in the year 1977. In respect of Reach-I, award No.10/79-80 dated 15.10.1979 was passed, while in respect of Reach-II, award No.1/81-82 dated 04.12.1981 was passed, determining the compensation payable to the respective landowners. Aggrieved by the quantum of compensation, references under Section 18 of the Land Acquisition Act were made, pursuant to which the competent Court, by common judgment dated 29.04.1987 in LAOP No.9/86 and batch and judgment dated 30.04.1987 in LAOP No.4/86 and batch, enhanced the compensation, as mentioned earlier hereinabove. The said enhancement was thereafter challenged by the respondents in an appeal before this Court, and the enhanced compensation was confirmed. Accordingly, the petitioners and other landowners of Ravulakollu village were paid compensation. Subsequently, in respect of lands situated in Bukkayapalli Village, the Land Acquisition Officer passed an award on 12.12.1980 in award No.4/1980. Aggrieved by the same, references under Section 18 of the Land Acquisition Act were
30 VS,J W.P.No.432 & 2198 of 2019
made. For better appreciation, Section18 of the Land Acquisition Act is extracted hereunder:
18. Reference to Court (1)Any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Court, whether his objection be to the measurement of the land, the amount of the compensation, the persons to whom it is payable, or the apportionment of the compensation among the persons interested.
(2)The application shall state the grounds on which objection to the award is taken: Provided that every such application shall be made, (a)if the person making it was present or represented before the Collector at the time when he made his award, within six weeks from the date of the Collectors award; (b)in other cases, within six weeks of the receipt of the notice from the Collector under section 12, sub- section (2), or within six months from the date of the Collectors award, whichever period shall first expire. 13. Pursuant to such reference, the competent Court, by judgment dated 25.02.2002 in LAOP No.43/2000, enhanced the compensation to Rs.36,000/- per acre for the relevant category of land. Thus, the compensation payable in respect of the subject lands situated in Ravulakollu village was initially determined under the awards dated 15.10.1979 and 04.12.1981 and was subsequently enhanced in the Section 18 reference proceedings in the years 1987, whereas the rate of
31 VS,J W.P.No.432 & 2198 of 2019
Rs.36,000/- per acre relied upon by the petitioners in respect of Bukkayapalli lands came to be determined much later, by judgment dated
25.02.2002. Now, the point that arises for consideration is:
“1. Whether the petitioners are entitled for interest on the compensation awarded to them, from the date of taking possession i.e., 17.11.1977 till the date of passing of the awards i.e., 15.10.1979 (in respect of Reach No.1) and 04.12.1981 (in respect of Reach No.2)? 2. Whether the petitioners are entitled for compensation on par with the landowners of Bukkayapalli village?” POINT NO:1
14. The question that arises for consideration is whether the petitioners are entitled for interest on the compensation from 17.11.1977, which is claimed to be the date of acquiring possession of the subject lands, till the dates of the respective awards, namely, 15.10.1979 in respect of Reach No.1 and 04.12.1981 in respect of Reach No.2.
It is the contention of the petitioners that though the acquisition proceedings culminated in the years 1979 and 1981, possession of the subject lands had already been taken by the land acquisition authorities on 17.11.1977, by invoking urgency clause. On the other hand, the respondents contend that possession of the subject lands was not taken on 17.11.1977 and that the PWD authorities had not entered upon the lands prior to the passing of the respective awards. In support of their contention, the respondents
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rely upon the observation made in the awards, wherein it was recorded that the PWD authorities had not entered upon the subject lands. Admittedly, the burden of proof lies upon the petitioners to establish that the lands were taken possession prior to passing of awards. But, as seen from the material available on record, the petitioners have not produced any contemporaneous material to prove their claim. The mere fact that the acquisition proceedings were initiated by issuance of the notification on 17.11.1977, by itself, cannot lead to an automatic inference that possession of the lands was also taken on the same date. In the absence of such material, the Court cannot proceed merely on the basis of the petitioners' averment that possession had been taken on 17.11.1977, particularly when such assertion is specifically denied by the respondents and the contemporaneous awards relied upon by the respondents contain a specific recital that the PWD authorities had not entered upon the subject lands. As such, it can safely be concluded that the petitioners are not entitled for interest on the compensation from the date of acquiring possession of the subject lands i.e., allegedly 17.11.1977 till the date of passing of awards i.e., 15.10.1979 and 04.12.1981. POINT NO:2
15. The next question that arises for consideration is whether the petitioners are entitled to claim compensation on par with the landowners of Bukkayapalli Village.
The petitioners contend that compensation of
33 VS,J W.P.No.432 & 2198 of 2019
Rs.36,000/- per acre has been awarded in respect of the lands situated in Bukkayapalli Village and that, their lands were also acquired for the same project and are situated in the same locality, as such, they are also entitled to compensation @Rs.36,000/- per acre. On the other hand, the respondent contend that the compensation payable to the petitioners in respect of the subject lands was determined under the awards passed in the years 1979 and 1981 and the same was subsequently enhanced in the statutory reference proceedings. On the other hand, the compensation to the landowners of Bukkayapalli Village was initially determined vide award dated 12.12.1980 and the same was enhanced subsequently, by
judgment dated 25.02.2002 in LAOP No.43 of 2000. Therefore, the mere fact that a higher amount of compensation was subsequently determined in respect of lands situated in another village cannot, by itself, confer a right upon the petitioners to claim the same rate of compensation. It is well settled that determination of market value in land acquisition proceedings has to be with reference to the relevant date of acquisition and on the basis of the evidence relating to the lands acquired in the particular proceedings. Therefore, the fact that the competent Court, in a subsequent proceeding relating to lands situated in Bukkayapalli village, assessed the compensation at Rs.36,000/- per acre cannot, by itself, be the base for the petitioners that the market value of the lands situated in
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Ravulakollu village, as on the relevant date of acquisition, should also be considered as Rs.36,000/- per acre. 16. Even otherwise, in order to claim equal compensation for the acquired lands on par with the compensation paid to the landowners of Bukkayapalli village, the petitioners should establish that the material particulars of their lands are comparably equal to that of the lands of Bukkayapalli village. In the present case, the subject lands were acquired pursuant to notifications issued in the year 1977 and the compensation was initially determined under Award No.10/79-80 dated 15.10.1979 in respect of Reach No.1 and Award No.1/81-82 dated 04.12.1981 in respect of Reach No.2. The petitioners and landowners thereafter preferred the statutory remedy under Section 18 of the Land Acquisition Act, and the compensation was enhanced by judgments dated 29.04.1987 in LAOP No.9/86 and 30.04.1987 in LAOP No.4/86. The enhanced compensation was thereafter confirmed in the appeal, by this Court. Merely because the compensation amount was fixed as Rs.36,000/- per acre for the lands acquired in Bukkayapalli village by the competent Court only on 25.02.2002 in LAOP No.43/2000, which is much after the acquisition and judicial determination of compensation in respect of the petitioners’ lands, the petitioners cannot reopen the compensation already determined and enhanced in respect of their lands. 35 VS,J W.P.No.432 & 2198 of 2019
17.
Once the compensation awarded to the petitioners attained finality, the petitioners cannot seek to reopen the compensation already fixed and enhanced under Section 18 of the Land Acquisition Act, merely on the basis of a later determination relating to lands in Bukkayapalli Village made in the year 2002. As such, this writ petition is devoid of merits and the same is liable to be dismissed. 18. In view of the detailed order passed in W.P.No.432 of 2019, W.P.No.2198 of 2019 is also liable to be dismissed. 19. In the result, these writ petitions are dismissed. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in these Petitions shall stand closed. _____________________
JUSTICE V.SUJATHA
09.09.2026 Gss