Andhra Pradesh High Court - Amravati
Duddukuri Srinivasa Rao, vs State Of Andhra Pradesh, on 20 January, 2021
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA:
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WEDNESDAY, THE TWENTIETH DAY OF JANUARW i
TWO THOUSAND AND TWENTY ONE If.
:PRESENT: ';
_THE HONOURABLE SRI JUSTICE NINALA JAYASUR
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WRIT PETITION NO: 16161 OF 2020 OFS cae
Between:
Duddukuri Srinivasa Rao, S/o. Late Venkatappaiah.
Duddukuri Murali Krishna, S/o. Scetaramaiah.
Duduukuri Venkaiah, S/o. Late Duduukuri Venkatappaiah.
Duduukuri Ramachandra rao, S/o. Late Duduukuri Venkatappaiah.
Duddukuri Ramanaiah, S/o. D. Satyanarayana.
Duddukuri Ramachandra Rao, S/o. D. Satyanarayana.
Duddukuri Krishna, S/o. D. Suryanarayana.
Duddukuri Lakshmi Narayana, S/o. Sita Ramaiah.
ONOARWN>
...Petitioners
AND
1. State of Andhra Pradesh, Represented through its Principal Secretary, Revenue
Department (Land Aquisition), Secretariat, Amaravati.
The District Collector, West Godavari District, Eluru.
ne Land Acquisition Officer cum Sub Collector, Kukunoor, West Godavari
istrict.
Sri Dr. R. V. Suryanarayana, S/o. Not Known, Land Acquisition Officer & Sub
Collector, Kukunoor, West Godavari District.
Smt. Duddukuri Venkata Narasamma, W/o. Late Ramakrishnaiah, aged about 98
years, R/o. D. No. 1-29, Main Road, Burgam Pahad, Burgampahad Mandal,
Badradri, Kothagudem. .
6. Sri Duddukuri Durga Prasad, S/o. Late Ramakrishnaiah, aged about 57 years,
R/o. D. No. 1-82, Main Road, Burgam Pahad, Burgampahad Mandal, Badradri,
Kothagudem.
7. Sri Duddukuri Ramesh, S/o. China Lakshmaiah, aged about 48 years, R/o. D.
No. 1-86, Main Road, Burgam Pahad, Burgampahad Mandal, Badradri,
Kothagudem.
8. Sri Duddukuri Ramakrishna, S/o. China lakshmaiah, aged about 51 years, R/o.
D. No. 1-29, Main Road, Burgam Pahad, Burgampahad Mandal, Badradri,
Kothagudem.
9. Smt. Mikkilineni Sudharani, W/o. Venkatrao, aged about 47 years, R/o. D. No. 2-
2-647/3/3/2/D, CE Colony, Opp, to Ayyappa Temple, Amberpet, Hyderabad.
10.Smt. Sode Sayamma, W/o. Narsaiah, age 52 years, R/o. Nadigudem Village,
Kukunoor Mandal.
a FF WN
...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
issue a Writ or order or direction one in the nature of Writ Of Mandamus declaring the
action of the respondent s more specifically the action of respondent No. 3 in issuing the
impugned order/ proceedings dt. 28-07-2020 directing the concerned to pay/deposit the
amounts in the accounts of respondents 5 to 10 who are third parties to the lands
admeasuring Ac. 39.05 cents in Sv. No's. 57, 78, 99, 100, 101, 102 and 107 in
Aravaipalli Village acquired for submergence under Polavaram Irrigation Project
declaring the respondents 5 to 10 as land owners in collusion with them for wrongful
gain and without putting any notice and giving an opportunity of hearing to the
petitioners herein as illegal, high handed, without authority and violative of Articles 14,
21 and 300A of the Constitution of India apart from violation of Principles of Natural
Justice and violation of provisions under The Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and
consequently set aside the impugned proceedings dt. 28-07-2020 issued by 3"
respondent further directing to pay the compensation to this petitioners.
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1A NO: 1 OF 2020
Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the writ petition, the High Court may be pleased to suspend
the impugned order/proceedings dt. 28-07-2020 issued by 37 respondent, pending
disposal of WP No.16161 of 2020, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and the Orders of the High Court dated 09.11.2020 & 23.12.2020
made herein and upon hearing the arguments of Sri Pasala Ponna Rao, Advocate for
the Petitioners and the learned Assistant Government Pleader for Land Acquisition, the
Court made the following.
ORDER:
"Learned Asst. Govt. Pleader for Land Acquisition submits that a counter was filed on 02.01.2021. Registry to verify and put up the same along with the record. Though I.A.No.2 of 2020 is shown in the cause list, papers pertaining to the same are not place along with the record. Registry to do the needful without fail. List on 25.01.2021.
Interim order granted on the earlier occasion is extended by 10 days." Sdi- Say RSRaR ASSISTANTREGISTRAR TRUE COPY!/ 2 For ASSISTANT REGISTRAR
4. One CC to Sri Pasala Ponna Rao, Advocate [OPUC]
2. Two CCs to GP for Land Acquisition, High Court of Andhra Pradesh. [OUT]
3. One CC to Section Officer, Writ (non-service) Section, High Court of AP
4. One spare copy.
B en on a rae ae HIGH COURT NJS,J DATED:20.01.2021 ORDER LIST ON 25.01.2021 WP.No.16161 of 2020 EXTENSION OF INTERIM DIRECTION