APHC010207492023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY, THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.10806 of 2023 Between: 1. RAVULA KARUNA KUMAR, S/O RAVULA THRIMURTHUYLU AGED 37 YEARS R/O 1-61 KOTHURU, POLAVARAM MANDALAM, KONDRUKOTA, WEST GODAVARI DISTRICT, ANDHRA PRADESH-534315. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPLE SECRETARY, IRRIGATION DEPARTMENT, 4TH BLOCK, A.P SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, WATER RESOURCES (RANDR) DEPARTMENT, A.P SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, REVENUE DEPARTMENT (L.A), 4TH BLOCK, GROUND FLOOR, ROOM NO.135, A.P SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATHI, GUNTUR DIST, ANDHRA PRADESH. 4. THE COMMISSIONER R AND R, , POLAVARAM IRRIGATION WATER RESOURCES DEPARTMENT, VIJAYAWADA, NTR DIST, ANDHRA PRADESH. 5. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT AT RAJAMAHEDRAVARAM, ANDHRA PRADESH. 6. THE DISTRICT COLLECTOR, ELURU DISTRICT, ANDHRA PRADESH. 7. THE SUBCOLLECTOR, , RANDR OFFICER, (PIP) RAMPACHOWDAVARAM, ALLURI SEETHARAMARAJU DISTRICT, ANDHRA PRADESH. 8. THE PROJECT ADMINISTRATIOR POLAVARAM IRREGATION PROJECT, DOWALESWARAM, EAST GODAVARI AT RAJAMAHEDRAVARAM, ANDHRA PRADESH. 9. THE SPECIAL DEPUTY COLLECTOR, EAST GODAVARI DIST AT RAJARNAHENDRAVARAM, ANDHRA PRADESH. 10. THE REVENUE DIVISIONAL OFFICER, JANGAREDDYGUDEM, ELURU DISTRICT, ANDHRA PRADESH. 11. THE SPECIAL OFFICER, RANDR, POLAVARAM IRRIGATION PROJECT, CHINNA RAMANAYYAPETA, ELURU DIST, ANDHRA PRADESH. 2 12. THE THASILDAR, POLAVARAM MD, ELURU DISTRICT, ANDHRA PRADESH. 13. THE ADMINISTRATIVE IRRIGATION OFFICER, POLAVARAM MD, ELURU DISTRICT, ANDHRA PRADESH. 14. THE TASILDAR, KOYALAGUDEM MANDALAM, ELURU DISTRICT, ANDHRA PRADESH. ...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 to issue a Writ Order or direction particularly, one in the nature of writ of Mandamus declaring the impugned proceedings issued by the 12th respondent vide its Roc.No.1552/2022 (RandR) Dated 29/12/2022 in rejecting the petitioner from the eligibility on the very reason that the petitioner is not residing in the village by the cut-off date 30/06/2017 which is contrary to the clause 4 of the proceedings issued by the 2nd respondent vide its Memo No. 450483/RandR-A2/2017-1 Dated 18/05/2017 is as illegal, arbitrary and violation of principles of natural justice and also Article 14,15,16,21 and 300-A of the Constitution of India and THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 and THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT RULES, 2014 and consequently set-aside the endorsement issued by the 12th respondent vide its Roc.No.1552/2022 (RandR) Dated 29/12/2022 duly direct the respondent authorities to disburse the RandR Benefits to the petitioners duly implementing the clause 4 of the proceedings issued by the 2nd respondent vide its Memo No. 450483/RandR-A2/2017-1 Dated 18/05/2017. Counsel for the Petitioner: 1. JADA SRAVAN KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 3 ORDER: The Writ Petition is filed challenging the impugned proceedings in Roc.No.1552/2022 (R&R) dated 29.12.2022 in rejecting the petitioner’s claim for R&R package on the ground that the petitioner is not a resident of the village as on the cut-off date 30.06.2017. The said proceedings were assailed in the present Writ Petition on the ground that the said proceedings are contrary to clause 4 of the proceedings issued by the 2nd respondent vide its Memo No.450483/R&R-A2/2017-1 dated 18.05.2017 and also the said action of the 2nd respondent is illegal and in violation of the principles of natural justice and also in violation of Article 300A of the Constitution of India. 2. Learned counsel appearing for the petitioner has relied on the orders of this Court in W.P.No.15845 of 2022 dated 12.10.2022. The said Writ Petition was disposed of relying on the observations made in Kotaru Sarath Kumar Vs. State of Andhra Pradesh in W.P.Nos.16172 and 16379 of 2019 dated 24.01.2020. In the said judgment, this Court observed that the respondents shall not reject the R&R package on the ground of non-resident. Relying on the said judgment, a learned Single Judge of this Court has disposed of the Writ Petition in W.P.No.15845 of 2022 vide order dated 12.10.2022. Hence, 4 learned counsel appearing for the petitioner requested this Court to pass the same order in this Writ Petition also, as the respondents have rejected the R&R package on the ground that the petitioner is not a resident of the village by the cut-off date 30.06.2017. 3. The 12th respondent filed counter reiterating the facts/ observations made in the impugned order stating that the petitioner is non-resident in the village as on the cut-off date of SES 2017 i.e., 30.06.2017, as he got married in 2008 and went away to his mother-in- law’s house in Vijayawada as ‘illatom’ son-in-law. The assertion in the counter affidavit is nothing but the observation made in the impugned order. 4. Therefore, in view of the orders passed by this Court in Kotaru Sarath Kumar Vs. State of Andhra Pradesh in W.P.Nos.16172 and 16379 of 2019 dated 24.01.2020, this Court is inclined to dispose of the present Writ Petition in terms of the same reasons recorded therein. 5. Therefore, considering the orders passed in Kotaru Sarath Kumar Vs. State of Andhra Pradesh in W.P.Nos.16172 and 16379 of 2019 dated 24.01.2020, this Writ Petition is disposed of directing the petitioner herein to make an application/representation to the 5 respondents within a period of two weeks from the date of receipt of a copy of this order and, on filing such application, the respondents are directed to take appropriate action in accordance with law, pursuant to the order dated 24.01.2020 in W.P.Nos.16172 and 16379 of 2019, as expeditiously as possible, not later than six weeks from the date of receipt of application/representation made by the petitioner. There shall be no order as to costs. As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 19.01.2026 siva 6 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.10806 of 2023 Date: 19.01.2026 siva