APHC010629652023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 32453/2023 Between: 1. SONY PULLAIAH, S/O S.POLAMMA BY CASTE GIRIJANA, AGED ABOUT 62 YEARS, GIRIJANA COLONY, PENUBARTHI VILLAGE, RAPUR MANDAL, SPSR NELLORE DISTRICT. 2. TALLA PENCHALAMMA, , W/O ANKAIAH, L.R.OF MOTHER IN LAW TALLA LAKSHMI NARASAMMA, CASTE GIRIJANA, AGED ABOUT 65 YEARS, GIRIJANA COLONY, PENUBARTHI VILLAGE, RAPUR MANDAL, SPSR NELLORE DISTRICT ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (LAND ACQUISITION) DEPARTMENT, SECRETARIAL, VELAGAPUDI AT AMARAVATHI, GUNTUR DISTRICT, A.P.STATE. 2. THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT. 3. THE LAND ACQUISITION OFFICER AND SPECIAL DEPUTY COLLECTOR, (LA), TELUGU GANGA 2 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 to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the Respondents was failed in considering the application under sec-18 of L.A., Act for the purpose of to refer the matter to the competent senior civil judge court, Gudur for determination and enhancement of compensation for the petitioner lands acquired by the respondents herein in view of passed the award No.17/90-91 dt 25.03.1991 as illegally, Arbitrarily and violation of Constitution of India and consequently direct the respondents to consider the Application of Petitioner herein U/Sec 18 of LA Act Dt 23-03-2017 and setaside the impugned order in L.dish No.79/2018 dt 06.12.2018 in view of passed the Award of Compensation No.17/90-91 as was done in case of others and pass 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 respondents to refer the matter under section 18 of the Land Acquisition act to the concerned Civil Court, Gudur, SPSR Nellore District for determination and enhancement of compensation awarded in order No. 17/90-91 dt: 25.03.1991 for the lands acquired in reach No.22 for construction /formation of Kandaleru Reservoir under Telugu Ganga Project as was done in case of others pending disposal of the above W.P. and pass IA NO: 1 OF 2025 3 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 petitioner herein / Respondent No.3 in the WP No.32453 of 2023 to file counter affidavit and pass Counsel for the Petitioner(S): 1. KHAJARAHAMATULLA S Counsel for the Respondent(S): 1. GP FOR LAND ACQUISITION The Court made the following: 4 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 32453/2023 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “….pleased to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the Respondents was failed in considering the application under sec18 of L.A. Act for the purpose of to refer the matter to the competent senior civil judge court, Gudur, for determination and enhancement of compensation for the petitioner lands acquired by the respondents herein in view of passed the award No. 17/90-91 dt. 25.03.1991 as illegally, Arbitrarily and violation of Constitution of India and consequently direct the respondents to consider the Application of Petitioner herein U/Sec. 18 of L.A Act Dt. 23.03.2017 and set aside the impugned order in L dish No 79/2018 dt 06 12 2018 in view of passed the Award of Compensation No 17/9091 as was done in case of others and pass” 2. Precisely, the writ petition is filed to direct the respondents to refer the award No.17/90-91, dated 25.03.1991, to the reference Court under Section 18 of the Land Acquisition Act, 1894, (for brevity “the Act”) for redetermination of the compensation. 3. The 3rd respondent-Land Acquisition Officer & Special Deputy Collector (LA) filed counter affidavit and stated that the petitioners/claimants are not entitled for the opportunity provided under Section 18 of the Act, since the petitioners have filed the 5 application after lapse of stipulated period of three months from the date of passing of award and was filed nearly after lapse of 27 years. The said application was rejected on 18.11.2018 and the same was challenged in the present writ petition. 4. Learned counsel for the petitioner relied on the judgment of Hon’ble the Apex Court in Manharlal Shivlal Panchal & Others vs. The Deputy Collector & Special Land Acquisition Officer & Others, reported in 2022 SCC Online SC 1707. Hence, prayed to reconsider the case of the petitioner. 5. In above judgment, at paragraph No.17, the Hon’ble Supreme Court held that the limitation for making reference under Section 18 of the Land Acquisition Act, 1894, cannot be extended and that Section 5 of the Limitation Act, shall not be applicable. 6. Without touching the merits of the present case, this Court is inclined to dispose of the writ petition, directing the respondents’ authorities to refer the award No.17/90-91, dated 25.03.1991, under Section 18 of the Act to the competent civil Court, within four (04) weeks from date of receipt of a copy of this order. Respondent authorities are directed to raise all the 6 grounds, including the limitation before the reference Court, and the reference Court is directed to address all the contentions raised by both the parties and pass appropriate orders in accordance with law. 7. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous applications pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 31.03.2026 ANS 7 263 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 32453/2023 Date: 31.03.2026 ANS