APHC010191002023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 9884 OF 2023 Between: 1. KALLEPALLI SATYANARAYANA RAJU DIED, S/o late Kallepalli Seetharamaraju, Aged about 60 years, Occ. Agriculture, R/o. Door No.1-1, Beside Telephone Office, Vempadu Village and Mandal, Anakapalli District, AP. 2. Smt.Kallepalli Geetha Rani, wife of late Kallepalle Satyanarayana Raju, aged about 57 years, Housewife, Resident of Door No.1-1, Vempadu hamlet, Nakkapalli Village and Mandal, Anakapalli District. 3. Kallepalli Varshith Varma, son of late Kallepalle Satyanarayana Raju, aged about 28 years, unmarried, Resident of Door No.1-1, Vempadu hamlet, Nakkapalli Village and Mandal, Anakapalli District. 4. Kallepalle Meghana, daughter of late Kallepalle Satyanarayana Raju, aged about 29 years, unmarried daughter, Resident of Door No.1-1, Vempadu hamlet, Nakkapalli Village and Mandal, Anakapalli District. 5. Smt. Kallepalli Rekhamma, wife of late Kallepalle Seetharama Raju, aged about 80 years Resident of Door No.1-1, Vempadu hamlet, Nakkapalli Village and Mandal, Anakapalli District. ...Petitioners 2 AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue (Land Acquisition), Secretariat, Velagapudi, Guntur District, AP 2. The Vice Chairman and Managing Director, Andhra Pradesh Industrial Infrastructure Corporation (APIIC), O/o Mangalagiri, Guntur District, AP. 3. The District Collector Land Acquisition, Anakapalli District, erstwhile Visakhapatnam District, Anakapalli. 4. The Special Deputy Collector Land Acquisition, APIIC, Visakhapatnam District 5. The Zonal Manager, Regular Zone, APIIC, Visakhapatnam, Visakhapatnam 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 declare the inaction of the 3rd and 4th respondents herein for not paying the compensation to an extent of Ac.1.30 cents out of total Ac.8.60 cents as acquired for the benefit of the 5th respondent herein through Award No.02/2016 dated 11.06.2016 to an extent of Ac.1.00 cents in Sy.No.191 Part, Award No.2B/2016 dated 06.02.2018 to an extent of Ac.3.80 cents in Sy.No.191 Part 8s Award No.03/2016 dated 11.06.2016 to an extent of Ac.2.50 cents in Sy.No.192/2 Part to total to an extent of Ac.7.30 cents out of Ac.8.60 cents is arbitrary, illegal, unconstitutional and also depriving the right of the petitioner under Article 300A of the Constitution of India and consequently direct the 4th respondent herein to pay the compensation in accordance with the scheme of the Act 30 of 2013 along with interest and solarium and pass such other orders. 3 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 to direct the 5th respondent herein not to take possession form the petitioner till the compensation is paid to an extent of Ac.1.30 cents out of total Ac.8.60 as per the revenue records in Sy.No.191 of D.V.Puram Village and Nakkpalli Mandal, Anakapalli District pending disposal of the above said writ petition and pass such other orders. IA 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 may be pleased to permit the proposed Petitioner Nos.2 to 5 to come on record as the legal representative of the deceased Petitioner No.1 Kallapalle Satyanarayana Raju for further prosecution of the above said writ petition in the interest of justice and pass such other orders. IA NO: 2 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 may be pleased to grant leave to the petitioners/ 2nd & 5th respondent to file counter in W.P. No. 9884 OF 2023 in the interest of justice and pass such other orders. Counsel for the Petitioners: V SURENDRA REDDY Counsel for the Respondents: GP FOR LAND ACQUISITION Counsel for the Respondents: SANTHI CHANDRA SC For APIIC Counsel for the Respondents: J UGRANARASIMHA (SC FOR APIIC) The Court made the following: 4 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.9884 of 2023 ORDER:- The present writ petition is filed under Article 226 of the Constitution of India for the following reliefs: “…to declare the inaction of the 3rd and 4th respondents herein for not paying the compensation to an extent of Ac.1.30 cents out of total Ac.8.60 cents as acquired for the benefit of the 5th respondent herein through Award No.02/2016 dated 11.06.2016 to an extent of Ac.1.00 cents in Sy.No.191 Part, Award No.2B/2016 dated 06.02.2018 to an extent of Ac.3.80 cents in Sy.No.191 Part 8s Award No.03/2016 dated 11.06.2016 to an extent of Ac.2.50 cents in Sy.No.192/2 Part to total to an extent of Ac.7.30 cents out of Ac.8.60 cents is arbitrary, illegal, unconstitutional and also depriving the right of the petitioner under Article 300A of the Constitution of India and consequently direct the 4th respondent herein to pay the compensation in accordance with the scheme of the Act 30 of 2013 along with interest and solarium and pass such other orders.…” 2. Heard Sri V.Surendra Reddy, learned counsel for petitioners and learned Government Pleader for respondents. 3. The affidavit filed in support of the writ petition states that the respondent Nos.3 to 5 have acquired the land in Anakapalli Mandal of Visakhapatnam City for establishment of industrial park which is part of the Petroleum, Chemical and Petrochemical Investment Regions (PCPIRs) and the respondents have acquired to an extent of Ac.8.60 cents in Sy.No.191 and 192/2 Part which includes belonging to the petitioner for the above said purpose and the respondents have paid compensation to an extent of Ac.7.30 cents out of total extent of 5 Ac.8.60 cents but they have not paid the compensation to an extent of Ac.1.30 cents in Sy.No.191 despite the award has been passed vide Award No.02/2016 dated 11.06.2016 to an extent of Ac.1.00 cents in Sy.No.191 part, hence the present writ petition is filed to direct the respondents to pay compensation though property right is not a fundamental right it is protected under Article 300A of the Constitution of India. 4. The respondents/Special Deputy Collector (LA), Visakhapatnam has addressed a letter vide Rc.No.39/2016/SA/dt.24.01.2016 to the Government Pleader for Land Acquisition, High Court of Andhra Pradesh. The said written instructions clearly indicates that they have acquired the petitioner’s land and they have not paid compensation to an extent of Ac.1.30 cents in Survey No.191 and the written instructions further indicates that if the petitioner provides bank account details to the respondents the payment will be processed immediately to the petitioner. 5. The Tahsildar has addressed a letter vide proceedings dated 03.01.2026 to the Special Deputy Collector (LA), Visakhapatnam requesting the payment of compensation to an extent of Ac.1.30 cents in Survey No.191 of D.L. Puram Village. 6 The respondents have admitted that in their written instructions that the amount to an extent of Ac.1.30 cents was due to the petitioners to an extent of Ac.1.30 cents in Sy.No.191. 6. Accordingly, the writ petition is disposed of directing the respondents more particularly respondent Nos.3 to 5 to pay the compensation to the petitioners herein to an extent of Ac.1.30 cents in Survey No.191 with damages and interest within a period of two (02) months from the date of receipt of the bank details from the petitioner herein. Accordingly, the writ petition stands disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHARA RAO Date: 27.01.2026 RMR 7 103 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No:9884 OF 2023 Date: 27.01.2026 RMR