Andhra Pradesh High Court - Amravati
Thumu Savitri vs The State Of Andhra Pradesh on 6 August, 2025
Author: B Krishna Mohan
Bench: B Krishna Mohan
APHC010247892021
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
m (Special Original Jurisdiction) ./ hHm
/..
WEDNESDAY, THE SIXTH DAY OF AUGUgf {.
TWO THOUSAND AND TWENTY FIVE ^
PRESENT
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN
WRIT PETITION NO: 14284 OF 2071
Between:
Thumu Savitri, W/o Ramachandraiah, aged about 78 years Ibrahimpeta,
Thondipaka Village, Kukkunoor Mandal, West Godavari' District.
...Petitioner
AND
1. The State of Andhra Pradesh, Rep by Principal Secretary (Revenue)
Secretariat, Velagapudi, Guntur District.
2. The District Collector, West Godavari District Eluru.
3. The Sub Collector and Special Land Acquisition Officer,
r Revenue Divisional
Officer, Kukkunuru Mandal, West Godavari District.
4. The Tasildar, Kukkunur Mandal, West Godavari District.
5. The Executive Engineer, L.S.H.W Division-2, Poiiavaram, Office at Ambicai
Hotel Street, Jangareddygudem, Westgodavari.
...Respondents
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewithM the High Court may be
pleased to issue an appropriate writ, order or direction more particularly one-in
the nature of Writ of Mandamus declaring the action of the respondents in not
paying the compensation for the submersible land of the petitioner under the
polavaram project with
respect to the land an extent of Ac 2 16 cents in
Survey No. 18/a/Khalsa in Thondipaka, Kukunnuru MandamI West Godavari
despite of the petitioner's representation dated 21.9.2019 as illegal , arbitrary
against the principles of natural justice, Art 14 and 300 of the constitution of
India and contrary to the right to fair compensation and transparency in land
acquisition, rehabilitation and resettlement act 2013 and consequently direct
theTespondents to
pay the compensation to the petitioner's land an extent of
Ac. 2.16 cents m Survey No. 18/a/Khalsa
in Thondipaka, Kukunnuru Mandal,
West Godavari for submersion
under Polavaram project by considering the
representation dated 21.9.2019.
LA NO: 1 OF 9091
Petit,on under Section 151 CPC praying that in the circumstances stated
m the affidavit filed in support of the petition, the High Court may be pleased to
direct the respondents to pay the compensation to the petitioners land an
extent of Ac. 2.16 cents in Survey No. 18/a/Khalsa ini Thondipaka, Kukunnuru
Mandal, West Godavari
for submersion under Polavaram project by
considering the petitioner's representation dated 21.9.2019 pending the
disposal of the writ petition.
Counsel for the Petit^oner: SRI M P V N V SASTRI
Counsel for the Respondents: GP FOR REVENUE
Counsel for the Respondents; GP FOR LAND ACQUISITION
Counsel for the Respondents:
GP FOR IRRI and COMM AREA DEV
. The Court made the following order:
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APHC010247892021
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3233]
(Special Original Jurisdiction)
WEDNESDAY, THE SIXTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN
WRIT PETITION NO: 14284/2021
Between:
1.THUMU SAVITRI, W/0 RAMACHANDRAIAH , AGE 78 YEARS
IBRAHIMPETA, THONDIPAKA VILLAGE, KUKKUNOOR
MANDAL,WEST GODAVARI DISTRICT.
...PETITIONER
AND
1.THE STATE OF ANDHRA PRADESH, REP BY PRINCIPAL
SECRETARY (REVENUE) SECRETARIAT, VELAGAPUDI, GUNTUR
DISTRICT.
2.THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT
ELURU.
3.THE SUB COLLECTOR AND SPECIAL LAND ACQUISITION
OFFICER, REVENUE DIVISIONAL OFFICER, KUKKUNURU
MANDAL, WEST GODAVARI DISTRICT.
4. THE TASILDAR, KUKKUNUR MANDAL, WEST GODAVARI
DISTRICT .
5.THE EXECUTIVE ENGINEER, L.S.H.W DIVISION-2, POLLAVARAM,
OFFICE AT AMBICAL HOTEL STREET, JANGAREDDYGUDEM,
WESTGODAVARI.
...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
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pleased toto issue an appropriate writ, order or direction more particularly
one-in the nature of Writ of Mandamus declaring the action of the
respondents in not paying the compensation for the submersible land of the
petitioner under the polavaram project with respect to the land an extent of
Ac. 2.16 cents in Survey No. 18/a/Khalsa in Thondipaka, Kukunnuru
MandamI, West Godavari despite of the petitioner's representation dated
21.9.2019 as illegal , arbitrary against the principles of natural justice, Art 14
and 300 of the constitution of India and contrary to the right to fair
compensation and transparency in land acquisition, rehabilitation and
resettlement act 2013 and consequently direct the respondents to pay the
compensation to the petitioner's land an extent of Ac. 2.16 cents in Survey
No. 18/a/Khalsa in Thondipaka, Kukunnuru MandamI, West Godavari for
submersion under Polavaram project by considering the representation
dated 21.9.2019
lA NO: 1 OF 2021
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 pay the compensation to the petitioner's
land an extent of Ac. 2.16 cents in Survey No. 18/a/Khalsa in Thondipaka,
Kukunnuru MandamI. West GOadavari for submersion under Polavaram
project by considering the petitioner's representation dated 21.9.2019
pending the disposal of the writ petition, pending disposal of the writ petition
lA 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 pleased to grant leave to the Respondent No.3 to file counter
affidavit in WP No. 14284/2021 and pass
Counsel for the Petitioner:
1.M PVN VSASTRI
Counsel for the Respondent(S):
1.GPFOR REVENUE
2.GP FOR LAND ACQUISITION
3.GP FOR IRRI AND COMM AREA DEV(TG)
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The Court made the following Order:
Heard the learned counsel for the petitioner and the learned Assistant
Government Pleader for the respondents.
2. This writ petition was filed questioning the action of the respondents in
not paying the compensation for the submersible lands of the petitioner
under the Polavaram Project with respect to the land in an extent of Ac.2.16
cents in Sy.No.18/a/Khalsa in Thondipaka, Kukunnuru Mandal, West
Godavari District in spite of petitioner's representation dated 21.09.2019.
3. The learned counsel for the petitioner submits that the petitioner is the
resident of Thondipaka Village, Kukunnuru Mandal and the petitioner's
husband had an extent of Ac.2.39 cents in Sy.No.18/a/Khalsa in
Thondipaka, Kukunnuru Mandal, West Godavari District. By virtue of the
registered will deed No. 13 of 2013 dated 27.07.2013, he gave an extent of
Ac.0.23 cents to his daughter T.Vijayalakshmi and later on after his demise
the remaining Ac.2.16 cents was devolved upon the petitioner who is the
wife of the deceased Ramachandraiah. Thus, the petitioner is having
possession of the land in an extent of Ac.2.16 cents in Sy. No.18/a/Khalsa in
Thondipaka, Kukunnuru Mandal, West Godavari District. While so, the
government issued notification under Form No.6A, dated 30.09.2016 under
Land Acquisition Act for Polavaram Project wherein the lands of the
petitioner are also included. The subject land was submerged into the
Polavaram Project. In spite of several representations from 2017 onwards.
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the respondents have not considered the payment of any compensation to
the petitioner. Hence, the petitioner once again made a representation on
21.09.2019 requesting the authorities to pay compensation, as the neighbors
and other farmers in the same survey number were given compensation for
their submerged lands.
4. On the other hand, the learned Assistant Government Pleader relying
upon the counter of the 3'"^ respondent submits that the Land Acquisition
Officer issued notification dated 30.09.2016 under Land Acquisition act for
Polavaram Project for a total extent of Ac.111.14 gts of Khalsa lands. The
name of the petitioner Thumu Savitri W/o Ramachandraiah is not figured in
the notification of Khalsa lands. In the draft notification issued by the District
Collector, erstwhile West Godavari District, Eluru vide Ref.No.E-131451/
2016/R&R dated 05.03.2017, the names of the pattadars/ enjoyers for
R.S.No.18 Khalsa were furnished as under:
SI. R.S. Extent Pattadar Enjoyer
No. No. Ac. Gts
1 18 2.39 Thumu Savitramma W/o Thumu Savitramma
Venkateswrarao W/o Venkateswararao
2 18 2.10 Thumu Ramachandrayya Thumu Satyanarayana
S/o Roshayya S/o Roshayya
3 18 0.19 Thumu Ramachandrayya Thota Vijaya Lakshmi
S/o Roshayya W/o Ramesh
5.
In the draft award passed by the learned District Collector, erstwhile
West Godavari District, Eluru for R -S.No.18 for an extent of Ac.2.10 cents
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the name of Thumu Ramachandrayya S/o Rosayya was recorded as
pattadar against Thumu Satyanarayana S/o Rosayya as pnjoyer. After
scrutiny of the records Thumu Satyanarayana was recorded as awardee for
Ac.2.10 gts in R.S.No.18/A/Khalsa of Thondipaka village and the land
compensation amount of Rs.24,23,860/- was paid to him. The payment of
land compensation amount of Rs.32,04,882/- was paid to Thumu
Savitramma W/o Venkateswararao for an extent of Ac.2.39 gts. As regards
to an extent of Ac.0.19 gts in R.S.No.18/a/Khalsa of Thondipaka village, the
name
of Thumu Ramachandrayya S/o Rosayya was recorded as pattadar
against Thota Vijaya Lakshmi, W/o Ramesh and the payment of land
acquisition for an extent of Ac.0.19 gts could not be paid to either Thumu
Ramachandraiah S/o Rosayya or Thota Vijaya Lakshmi W/o Ramesh due to
the dispute and non production of the relevant documents by any one of the
above said two persons.
6. At this stage, the writ petitioner approached the High Court for
payment of land compensation in R.S. No.18/a/Khalsa of Thondipaka village
for an extent of Ac.2.16 cents. The writ petitioner submitted representation to
the 3'^'^ respondent in the year 2019 after the gap of 3 years after notification.
The said representation was made after passing of the award approved by
the District Collector on 05.03.2017. Had the petitioner submitted any
representation to the 3'^'^ respondent at any stage of the land acquisition,
starting from the date of preliminary notification in the year 2016, the 3'"'
respondent would have taken suitable action on the representation of the
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petitioner as per the provisions of law. However, the petitioner made
representation as stated above only on 21.09.2019 after passing of the
award in respect of the Khalsa land in R.S.No.18/a. Since there is no award
passed in the name of the petitioner, the payment of compensation cannot
be considered at this stage.
7. In view of the above said facts and circumstances and upon
consideration of the rival submissions made, since there is an award passed
by the proceedings of the Collector & District Magistrate, West Godavari
District, Eluru dated 05.03.2017 approving the compensation awarded
including all the statutory benefits, the petitioner is at liberty to approach the
Land Acquisition Officer, Kukkunur Mandal, West Godavari District under
Section 64 of the Land Acquisition Act, 2013 seeking appropriate relief
before the said authority.
8. Accordingly, the writ petition is disposed of. There shall be no order as
to costs.
As a sequel. Miscellaneous Petitions pending, if any, shall stand
closed.
Sd/- K. TATA RAO
DEPUTY REGISTRAR
//TRUE COPY//
SE
To,
1. The Principal Secretary (Revenue), State of Andhra Pradesh
Secretariat, Velagapudi, Guntur District.
2. The District Collector, West Godavari District, Eluru.
3. The Sub Collector and Special Land Acquisition Officer, Revenue
Divisional Officer, Kukkunuru Mandal, West Godavari District.
4. The Tasildar, Kukkunur Mandal, West Godavari District.
5. The Executive Engineer, L.S.H.W Division-2, Pollavaram, Office at
Ambical Hotel Street, Jangareddygudem, West Godavari.
6. One CC to Sri M P V N V Sastri, Advocate [OPUC]
7. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT]
8. Two CCs to GP for Land Acquisition, High Court of Andhra Pradesh
[OUT]
9. Two CCs to GP for Irrigation & CAD, High Court of Andhra Pradesh
[OUT]
10.
Two CD Copies
RAM
HIGH COURT
DATED:06/08/2025
ORDER
WP NO. 14284 OF 2021 ; 19 AUG 2025 V yco^ V'sQujrrent SectjonX^^ DISPOSING OF THE WP WITHOUT COSTS