APHC010663122022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 39531 OF 2022 Between: 1. RENANGI VENKATESWARLU, S/O LATE CHINNA DASAIAH, AGED ABOUT 50 YEARS, R/O PENUBARTHI VILLAGE, RAPUR MANDAL, SPSR NELLORE DISTRICT 2. RENANGI RAMANAIAH, S/O. LATE CHINNA DASAIAH, AGED ABOUT 50 YEARS, R/O. PENUBARTHI VILLAGE, RAPUR MANDAL, SPSR NELLORE DISTRICT. P2 IS IMPLEADED AS PER COURT'S ORDER DT. 10/2/25 IN IA 1 OF 2024. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, , REP.BY ITS PRL. SECRETARY, REVENUE (LAND ACQUISITION) DEPARTMENT, SECRETARIAT, VELAGAPUDI @ AMARAVATHI, GUNTUR DISTINCT, ANDHRA PRADESH STATE. 2. THE DISTRICT COLLECTOR, NELLORE CITY, SPSR NELLORE DISTRICT. 3. THE LAND ACQUISITION OFFICER AND SPECIAL DEPUTY COLLECTOR LA, TELUGU GANGA PROJECT, RAPUR AT NELLORE, SPSR NELLORE DISTRICT 4. OZILI SURENDRA, S/O SIVARAVAMMA, R/O PENUBARTHI VILLAGE, RAPUR MANDAL, SPSR NELLORE DISTRICT ...RESPONDENT(S): 2 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 a writ (or) order (or) direction more particularly one in the nature of writ of mandamus declaring the Impugned endorsement passed in Rc.(c) 49/2017 dt.06.02.2002 by refusing to refer the matter to the Civil Court concerned Gudur under Sec-18 of L.A.Act for redetermination of compensation for the land of petitioner in Survey No.364/2P, 3P an extent of 2-45 cents Reach No.13 situated at Penubarthi Village, Rapur Mandal, SPSR Nellore District and acquired by the Govt/Respondent No.3 for the purpose of construction/formation of Kandaleru Reservior under Telugu Ganga Project as illegally, Arbitrary and violation of Principal of Natural Justice. Consequently direct the respondents 2 -3 to refer the matter to the Civil Court Gudur concerned, SPSR Nellore District/Tirupathi District u/sec -18 of L.A.Act for the enhancement of compensation award No.Rc.(C) 179/2001 dt. 06.02.2002 in respect of the lands of petitioner in Reach No.13 as was done in case of LAOP No.41/2006 and batches dt. 22.11.2008 and L.A.A.S.No.644, 645 and 646 of 2017, dt. 28.04.2018 and consequently direct the Respondents 2-3 for payment of Balance amount in view of legal notice dt.23.03.2017 with interest towards award of compensation in R.C.(c) 179/2001 dt. 06.02.2002 in view of A.D.report dt. 27.09.2002 under law and pass IA NO: 1 OF 2022 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 grant stay restraining the 2 to 4 respondents herein their men and agents from payment of award amount in terms of legal notice to the 4th respondent towards award of Compensation in R.C.(c) 179/2001, dt. 16.02.2002 in Reach no.13, Penubarthi Village, Rapur Mandalam, SPSR Nellore District in view of writ petition until the further order in the interest of justice and pass IA NO: 1 OF 2024 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 the petitioner to implead as proposed necessary party and Add as 2nd petitioner in the Main above writ petition by allowing the petition in the interest of justice and pass IA NO: 1 OF 2026 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.39531 of 2022 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 order: Heard Sri S. Khajarahamatulla, learned counsel for the petitioners and learned Assistant Government Pleader for Land Acquisition appearing for the respondents. 2. The contention of the petitioners in the instant writ petition is to the endorsement passed in Rc.(C) No.49/2017 dated 12-06-2017 by the 3rd respondent refusing to refer the matter to the Civil Court under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as “the Act”) for determination of compensation in respect of the land in Sy.No.364/2P and 364/3P, to an extent of Ac.2.45 cents in Reach No.13, situated at Penubarthi Village, Rapur Mandal, SPSR Nellore District. 3. It is contended that the lands, were acquired for the purpose of the Kandaleru Reservoir project and compensation was paid. 4. Thereafter, in 2016, seeking enhancement of compensation, the applicant approached the authorities to refer the issue to the competent Civil Court under Section 18 of the Land Acquisition Act, 1894. The petitioners 4 submitted a representation requesting the authorities to refer the matter to the competent Civil Court under Section 18 of the Act for the determination of enhanced compensation. However, the said request was rejected by way of the endorsement. Hence, the present writ petition. 5. The respondents filed a counter-affidavit stating that the lands were assigned lands and that ex gratia was also paid. After 15 years, the petitioners, having received ex gratia, filed an application for reference under Section 18 of the Land Acquisition Act, 1894, which was rejected. The writ petition is not maintainable. 6. The learned Assistant Government Pleader for Land Acquisition appearing for the respondents would submit that no award in terms of the provisions of the Act in respect of the subject lands was passed having regard to the fact that the lands were assigned lands, the petitioners is only eligible for grant of ex gratia and thus cannot seek reference under Section 18 of the Act. In respect of Patta lands, awards were passed and compensation was also paid to the persons from whom the lands were acquired. The petitioners was paid ex-gratia amount of Rs.25,934/-. 7. Learned Assistant Government Pleader for Land Acquisition urges that, in any event, reference under Section 18 of the Act can be made only in case any person interested in the lands, who has not accepted the award, may, by written application to the Collector, require that the Collector refer the matter to the Court. There is a time limitation in seeking such a reference. The limitation 5 would be within six weeks from the date of the award. Whereas, in this case, after 15 years from the grant of ex-gratia, the petitioners sought reference under Section 18 of the Act which is not maintainable. 8. Learned counsel for the petitioners relies on the decision of the Hon’ble Apex Court in the case of Manharlal Shivlal Panchal vs. The Deputy Collector & Special Land Acquisition Officer1. 9. Considered the submissions. The judgment of the Supreme Court relied upon by the learned counsel for the petitioner is distinguishable. Having regard to the fact that the land owners in the said case have challenged the land acquisition proceedings and award under Section 12 of the Land Acquisition Act, 1894, which culminated in dismissal of the Special Leave Petition vide order dated 11.04.2013. Thereafter, reference applications were filed on 01.07.2013. After dismissal of the SLPs on 11.04.2013, pursuant to the liberty granted by the High Court while dismissing the writ petition, the applications under Section 18 of the Act were filed within a period of six months from the date of such liberty granted by the High Court on 01.07.2013. On account of such liberty being granted in favour of the petitioners therein, the applications seeking enhancement of compensation were held to be maintainable. 10. Whereas, in the present case, the petitioners, after receiving the ex gratia amount, having kept silent for 15 years, sought reference under the Act. In other words, the action of the claimants amounts to acceptance of the 1 Civil Appeal No.9004 of 2022 dated 12.12.2022 6 amount of compensation, and having acquiesced in the matter, it is not justifiable to seek Reference under Sec.18 of the Act, having regard to the period of limitation prescribed under the statute. 11. Thus, the petitioners has not made out any justifiable cause for entertaining such a belated application under Sec.18 of the Land Acquisition Act, 1894 and the relief sought by the petitioner does not merit consideration. 12. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs As a sequel, miscellaneous petitions, if any, pending shall stand closed. _______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 06.03.2026 BSK 7 65 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 39531 OF 2022 Date: 06.03.2026 BSK