IN THE HIGH COURT OF ANDHRA PRADESH:: AMARAVATHI
HON'BLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION No.36024 OF 2022
Between
Daggubati Ravanamma and two others ... Petitioners
And
The State of Andhra Pradesh represented by
its Principal Secretary, Finance Department,
A.P. Secretariat, Amaravathi, Velagapudi,
Guntur District and 4 others. ... Respondents
Counsel for the petitioners : Mr. Narasimhulu Parise
Counsel for R1 : Govt. Pleader for Finance
Counsel for R2 and R3 : Govt. Pleader for Irrigation
Counsel for R4 and R5 : Govt. Pleader for Land Acquisition
ORDER:
The present Writ Petition is filed seeking the following relief:
"to issue a writ order or direction more particularly one in the nature of Writ of Mandamus to declaring action on the part of the respondents 1 to 5 herein in not disbursing the bill amount of Rs 11,78,000/- vide CFMS No.442746 along with interest to the petitioners is as illegal arbitrary and violative of article 14, 21 and 300A of the Constitution of India and contrary to the provisions of Right to fair compensation and transparency in land acquisition and rehabilitation and resettlement act, 2013 and consequently direct the respondents to disburse the amount forthwith to the petitioners and pass."
2. It is the case of the petitioners that the 1st petitioner is the absolute owner and possessor of land in an extent of Ac.0.86 cents and Ac.0.52 cents in Sy.No.173/2 & 174/2; 2nd petitioner is the 2 absolute owner and possessor of land in an extent of Ac.2.15 cents & Ac.0.29 cents in Sy.No.414/1B & 3B; 3rd petitioner is the absolute owner and possessor of land in an extent of Ac.0.02 cents and Ac.0.28 cents in Sy.No.520/3B & 521/1-2B in Telugurayapuram Village, SPSR Nellore District. The said lands were acquired by the petitioners through their ancestors and they are purely private patta land.
3. It is their further case that the 4th respondent acquired the subject lands for submersion of excavation of Right main canal of Thopugunta tank from KM 3.9072 to KM 5.975 and 1R minor of RMC. The 4th respondent also issued proceedings, dated 12.07.2021, basing on the calculation sheet by fixing the compensation amount of Rs.13,78,000/- and directed the 5th respondent to take further action for preparation of necessary bills for payment of compensation amount. As the payment of the said amount has not been made by the respondents till now, the petitioners have approached this Court by way of this Writ Petition.
4. Heard learned counsel for the petitioners, learned Assistant Government Pleader for Finance, learned Assistant Government Pleader for Irrigation and learned Assistant Government Pleader for Land Acquisition.
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5. The learned counsel states that even though the respondents admitted that the petitioners are entitled for payment of compensation, the same has not been paid so far. He contends that such non-payment of money is arbitrary and high-handed, warrants interference of this Court.
6. At the time of considering the submissions, learned counsel for the petitioners submits that the bill amount was inadvertently shown as 4,16,97,036/- vide CFMS No.442746 and it is in fact Rs.13,78,000/-. Learned Assistant Government Pleader for Finance in this regards, draws the attention of this Court to the relevant CFMS No. which also goes to show that the amount is Rs.13,78,000/-. She further submits that so far as the said bill amount is concerned, there is no dispute and only due to administrative exigencies, it would take some time for making payment.
7. This Court, in various orders, including the judgment of a learned Single Judge of this Court dated 05.10.2021 in W.P.No.10038 of 2021 & batch had taken the view that such non- payment of dues is arbitrary and that such dues need to be cleared by the respondents at the earliest.
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8. In view of the aforesaid directions of this Court in various cases and after hearing the submissions of the learned counsel for the petitioners, learned Assistant Government Pleaders appearing for the respective respondents, this Writ Petition is disposed of with a direction to the respondents to pay the admitted bill amount of Rs.13,78,000/- to the petitioners, within a period of six weeks from the date of the order. It would also be open to the petitioners to agitate their claim for interest, if any payable by the respondents, in an appropriate forum. There shall be no order as to costs.
Consequently, miscellaneous applications, pending if any, shall stand closed.
_____________________ NINALA JAYASURYA, J Date: 14.11.2022 AKN 5 HON'BLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No. 36024 OF 2022 Dt: 14.11.2022 AKN