Andhra Pradesh High Court - Amravati
Duddukuri Srinivasa Rao, vs State Of Andhra Pradesh, on 17 October, 2022
Author: D Ramesh
Bench: D Ramesh
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI : MONDAY , THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY TWO :PRESENT: | THE HONOURABLE SRI-JUSTICE D RAMESH _ WRIT PETITION NOS: 16161 OF 2020 AND 17486 OF 2020 AND 17947 OF 2020 AND 18375 OF 2020 WRIT PETITION NOS: 16161 OF 2020: Between: 1. OM OO & & Nh on 9. Duddukuri Srinivasa Rao, S/o. Late Venkatappaiah. Duddukuri Murali Krishna, S/o. Seetaramaiah. 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. ogee ..-Petitioners __. AND . State of Andhra Pradesh, Represented through its Principal Secretary, Revenue Department (Land Acquisition), Secretariat, Amaravati. The District Collector, West Godavari District, Eluru. The Land Acquisition Officer cum Sub Collector, Kukunoor, West Godavari District. Sri Dr. R. V. Suryanarayana, Slo. 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... | -- Sri Duddukuri Durga Prasad, S/o. Late Ramakrishnaiah, aged about 57 years, Rio. D. No. 1-82, Main Road: » Burgam Pahad, Burgampahad Mandal, Badradri, Kothagudem. . 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. Sri Duddukuri Ramakrishna, Sio. "China lakshmaiah, aged about 51 years, R/o. D. No. 1-29, Main Road, .Burgam Pahad, Burgampahad Mandal, Badradri, Kothagudem. Smt. Mikkilineni Sudharani, Wo. 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. ...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 Sy. 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 the petitioners. a" IA NO: 1 OF 2020 c 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 3 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, 20-01-2021, 03-02-2021,... 18-02-2021, 24-03-2021, 7.05.2021, 22.09.2021, 11.11.2021, 09.12.2021 & 16:06.2022 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 for the Respondents; Lo WRIT PETITION NOS: 17486 _ OF 2020: Between: So 1. 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. 2. 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. 3. 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. . 4. 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. $. 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 Ayyapa Temple, Amberpet, Hyderabad. . 6. Smt. Sode Sayamma, W/o. Narsaiah, Aged about 52 years, R/o. Nadigudem Village, Kukunoor Mandal. oS Petitioners 1. The State of Andhra Pradesh, Represented through its Principal Secretary, Revenue Department (Land Acquisition), Secretariat, Amaravathi. 2. The State of Andhra Pradesh, Represented through its Principal Secretary, Finance Department, Secretariat, Amaravathi. 3. The Director of Pay and Accounts, For the State of Andhra Pradesh, Vijayawada, Krishna District. =: . The Pay and Accounts Officer, Eluru, West Godavari District. The Land Acquisition Officer Cum Sub Collector, Kukunoor, West Godavari District. _ ae 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 of Mandamus, or any other appropriate writ, order or direction, declaring the action of the Respondent:No.2 to 4 in not paying the compensation awarded by the 5'" Respondent as per the proceedings in R.C.No.93/2020 (B), dated 28.07.2020 as illegal, improper, :unjust, arbitrary and contrary to law and further declare that the Petitioners are..entitled for the compensation awarded in respect of the R.S.No.99 to an extent of:Ac.1-27 cents, R.S.No.100 to an extent of Ac.0-37 cents, R.S.No.57 to an extent:of: Ac.14-15 cents, R.S.No.78 to an extent of Ac.9-37 cents, R.S.No.101 to an extent:of Ac.0-10 cents, R.S.No.102 to an extent of Ac.1-32 cents, R.S.No.107 to an extent of Ac.10- 07 cents total to an extent of Ac.39-05 cents of Aravaipaili Village, Kukumoor Mandal, West Godavari District. ae IA NO: 1 OF 2020 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 Respondent No.2 to 4 to release the amounts as ordered by the 5" Respondent in Proceedings in R.C.No.93/2020 (B), dated 28.07.2020, Pending disposal of WP 17486 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 upon hearing the arguments of M/S Y MAHA LAKSHMI Advocate for the Petitioners, GP FOR LAND ACQUISITION for the Respondent Nos. 1&5, GP FOR ACCOUNTS for the Respondent Nos. 2,384 . _ WRIT PETITION NOS: 17947 OF 2020: .-.° Between: L rn Gummala Satyanarayna, S/o. Venkanna,:Age 48 years, Occ: Cultivation, R/o. 1- 27, Gommugudem, Kukunoor Mandal, West Godavari District. . Petitioner AND Shey - 1. State of Andhra Pradesh, Represented through its Principal Secretary, Revenue Department (Land Acquisition), Secretariat, Amaravati. 2. The District Collector, West Godavart District, Eluru. 3. The Land Acquisition Officer cum Sub: Collector, Kukunoor, West Godavari District. priests 4. The Pay & Accounts Officer, Works.and- Projects, Eluru. 5. Sri Dr. R. V. Suryanarayana, S/o. Net.Known, Land Acquisition Officer and Sub Collector, Kukunoor, West Godavari District. 6. 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. 3.) «. 7, 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. OLN, 8. Sri Duddukuri Ramesh, S/o. China.Jakshmaiah, aged about 48 years, R/o. D. No. 1-86, Main Road, Burgam Pahad, Burgampahad Mandal, Badradri, Kothagudem. Ee 9. Sri Duddukuri Ramakrishna, S/ a..China lakshmaiah, aged about 51 years, Rfo. D. No. 1-29, Main Road, 'Burgam Pahad, Burgampahad Mandal, Badradri, Kothagudem. He ST 10. Smt. Mikkilineni Sudharani, W/o. Venkatrao, aged about 47 years, Rio. D. No. 2-2-647/3/3/2/D, CE Colony, Opp. to Ayyappa Temple, Amberpet, Hyderabad. 11.Smt. Sode Sayamma, W/o. Narsaiah, "age 52 years, R/o Nadigudem Village, Kukunoer Mandal. ron. 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 respondents more Specifically the action of respondent No. 3 in issuing the impugned order/proceedings dt. 28-07-2020 directing the 4" to pay/deposit the amounts in.the accounts of respondents 6 to 11 who are third parties to the land admeasuring Ac. 03.00 cents in Sy. No. 57/4/41 in Aravaipalli Village acquired for submergence under Polavararn Irrigation Project and declaring them as land owners for wrongful gain without putting any notice and giving an opportunity of hearing 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 the respondents 1 to 3 to act strictly in accordance with the provisions under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 further directing the 2" respondent or . a ie : ; any other higher authority as this Hon'ble Court deems fit to conduct a detailed enquiry against the respondents 5 to 11. and take appropriate action in accordance with law. IA NO: 1 OF 2020 ar Petition under Section 451. "cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the impugned order/proceedings dt. 28-07-2020 issued by 3" respondent, Pending disposal of WP 17947. 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 upon hearing the arguments of SRI TENEPALLI NIRANJAN Advocate for the Petitioner; GP FOR LAND ACQUISITION for the Respondent Nos. 1 , 3, and GP FOR-REVENUE for the Respondent No. 2, GP FOR ACCOUNTS for the Respondent:Nos. 4. WRIT PETITION NOS: 18375 OF 2020: Between: 1. Savalam Jogiah, S/o. Muthyalu, Age 53 years, Occ cultivation, R/o. 4-100 , Aravapalli Village, Kukunoor Mandal, West Godavari District. 2. Sode Chandraiah, S/o. Butchaiah; Age 55 years, Occ Cultivation, R/o. Gommugudem Village, Kukunoor Mandal, West Godavari District. oye Petitioners AND -- re . 1. State of Andhra Pradesh, Represented through its Principal Secretary; Revenue Department (Land Acquisition), Secretariat, Amaravati. The District Collector, West Godavari District, Eluru. , The Land Acquisition Officer"cumt Sub Collector, Kukunoor, West Godavari District. 4. The Pay & Accounts Officer, Works & Projects, Eluru. 5. Sri Dr. R. V. Suryanarayana, S/o.:Not Known, Land Acquisition Officer & Sub Collector, Kukunoor, West Godavari. District. 6. 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:. *-: 7. Sri Duddukuri Durga Prasad, S/o:-Late Ramakrishnaiah, aged about 57 years, Rfo. D. No. 1-82, Main Road: _Burgam Pahad, Burgampahad Mandal, Badradri, Kothagudem. o: 8. Sri Duddukuri Ramesh, S/o. China lakshmaiah, aged about 48 years, R/o. D. No. 1-86, Main Road, Burgam: Pahad, Burgampahad Mandal, Badradr, Kothagudem. 9. Sri Duddukuri Ramakrishna, Slo: China lakshmaiah, aged about 51 years; R/o. D. No. 1-29, Main. Road," :Burgam Pahad, Burgampahad Mandal, Badradri, Kothagudem. 10. Smt. Mikkilineni Sudharani, Wio. Venkatrao, aged about 47 years, R/o. D. No. 2-2-647/3/3/2/D, CE Colony, Opp: -to Ayyappa Temple, Amberpet, Hyderabad. wh a. ae i lyret 11.Smt. Sode Sayamma, W/o. Narsaiah, age 52 years, R/o. Nadigudem Village, Kukunoor Mandal. ye : RS 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 respondents more specifically the action of respondent No. 3 in issuing the impugned order/proceedings dt. 28-07-2020 directing the 4" to pay/deposit the amounts in the accounts:of respondents 6 to 11 who are third parties to the land admeasuring Ac. 1.00 cents, Ac.0. 34 cents, Ac. 0.18 cents, Ac. 1.13 cents and Ac. 1.07 cents in Sy. No's. 98/3, 99/2, 100/2, 101. and 107/5 in Aravaipalli Village acquired for submergence under Polavaram Irrigation Project and declaring them as land owners for wrongful gain «without putting any notice and giving an opportunity of hearing 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 the respondents "t to 3 to act strictly in accordance with the provisions under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 further directing the 2nd respondent or any other higher authority as this Hon'ble Court deems fit to conduct a detailed enquiry against the respondents 5:to 11 and take appropriate action in accordance with law. a . rc IA NO: 1 OF 2020 Po se 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 suspend the impugned order/proceedings dt. 28-07-2020 issued by 3% respondent , Pending disposal of WP 18375 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 upon hearing the arguments of SRI P NARAHARI BABU Advocate for the Petitioners, GP FOR LAND ACQUISITION for the Respondent Nos. 1 to 3, GP for Accounts for the Respondent No.4 and the Court made the following. a - COMMON ORDER:
, . " Interim order granted earlier in W.P.No.16161 of 2020 is extended by eight (08) weeks. ae Post after two (02) weeks all. these matters, under the caption 'for hearing'. " ar "
Sdi/- SK. MD. RAF! | ASSISTANT REGIST ITRUE COPY/I won Fe SECTION OFFICER o To, ONO WN > RVK One CC to Sri Pasala Ponna Rao, Advocate [OPUC] One CC to M/S Y Maha Lakshmi, Advocate [OPUC] One CC to Sri Tenepalli Niranjan, Advocate [OPUC] One CC to Sri P Narahari Babu' Advocate [OPUC] Two CCs to GP for Land Acquisition, High Court of Andhra Pradesh. [OUT] Two CCs to GP for Accounts , High Court of Andhra Pradesh. [OUT] Two CCs to GP for Revenue , High Court of Andhra Pradesh. [OUT] One spare copy.
ao HIGH COURT DRJ DATED:17/10/2022 wankr NOTE: POST AFTER TWO (02) WEEKS. ALL THESE MATTERS, UNDER THE CAPTION 'FOR HEARING' ORDER WRIT PETITION NOS: 16161 OF 2020 AND 17486 OF 2020 AND 17947 OF 2020 AND 18375 OF 2020 EXTENSION OF EARLIER INTERIM ORDER"