Chintamreddy Malleswara Reddy, vs The State Aridhra Pradesh
2021 Latest Caselaw 608 AP

         HIGH COURT OF ANDHRA PRADESH : AMARAVATI


 HON'BLE Mr. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
                            &
          HON'BLE Mr.JUSTICE C.PRAVEEN KUMAR


                      W.P. (PIL) No.220 of 2020

                       (Through video conferencing)

Chintamreddy Malleswara Reddy,
S/o Narasimhulu, Aged 42 years,
Occ : Agriculture, R/o H.No.6-6-380,
Vidya Nagar, Siddavatam Road,
Badvel, Y.S.R.Kadapa District                         ..    Petitioner

                                 Versus

The State of Andhra Pradesh,
rep. by its Principal Secretary,
Water Resources Department,
Secretariat, Velagapudi, Amaravathi,
Guntur District, Andhra Pradesh & Others              ..    Respondents


Counsel for the Petitioner                :    Mrs.Pulipati Radhika

Counsel for the Respondent Nos.1 to 4 :        Govt. Pleader for Land
                                               Acquisition
Counsel for the Respondent No.5        :       S.Lakshminarayana Reddy
Counsel for the Respondent Nos.6 to 17 :       --

                             ORDER (ORAL)

Dt : 04.02.2021

(ARUP KUMAR GOSWAMI, CJ)

1. Heard Mrs.Pulipati Radhika, learned counsel for the petitioner.

2. The Writ Petition is filed in the nature of Public Interest

Litigation contending that the action of the respondents in intending

to pay compensation under the provisions of the Land Acquisition

Act, 1894 to the respondents 5 to 17/claimant Nos.6, 19, 43, 49, 59,

71, 73, 75, 77, 78, 81, 106 and 110 in L.A.O.P. No.1225 of 2001 on

the file of the 1st Additional District Judge, Kadapa, in spite of the

fact that the said L.A.O.P. No.1225 of 2001 was referred for

settlement before Special Lok Adalat, Kadapa and substantial

payment of compensation was already paid to them under an Award

in L.A.C.No.516 of 2006, dated 14-12-2006 passed by Special Lok

Adalat, Kadapa, as illegal, arbitrary and highhanded.

3. The petitioner had earlier filed W.P. (PIL) (SR) No.27012 of

2019, which was dismissed by this Court by an order dated

03.12.2019.

4. In paragraph No.3 of the Writ Petition, it is stated as under :

"3. That to the best of the petitioner knowledge and research, except the W.P. (PIL) SR.No.27012 of 2019, which was filed by the Petitioner and was dismissed by this Hon'ble High Court through Order dated 03.12.2019 at the numbering stage, holding that the Government is the custodian of public money and it is for the Government to take recourse to law before the appropriate forum therefore no public interest involved and as the present PIL is necessitated due to subsequent developments occurred after dismissal of the W.P. (PIL) Sr.No.27012 of 2019, therefore the issue raised in the present Public Interest Petition is not decided nor similar or identical person has filed any PIL touching upon the factual matrix involved in the instant PIL."

5. It is further stated that subsequent to disposal of the

aforesaid petition, the petitioner had filed a representation before

the Authority, but, since no action has been taken, the petitioner

has approached this Court again by filing this Writ Petition.

It appears from the averments made in the petition that a judgment

dated 28.04.2010 was passed by the learned First Additional District

Judge, Kadapa, amongst others, for granting compensation, to

respondent Nos.5 to 17 also. Against the said judgment, an appeal

was also preferred before this Court being L.A.A.S. No.1036 of 2011

and the said appeal was also dismissed by an order dated

16.04.2015, with slight modification concerning the compensation

towards fruit bearing trees. These are the averments made by the

petitioner in the petition itself. After the disposal of the appeal by

this Court, Government of Andhra Pradesh has sanctioned an

amount of Rs.1,20,36,106/- for payment of compensation by

G.O.Rt.No.10, dated 03.01.2018. Respondents 5 to 17 also filed

Writ Petition being W.P.No.3516 of 2019 seeking a direction to the

respondents therein to pay compensation in terms of G.O.Rt.No.10,

dated 03.01.2018 and the same was disposed of by this court on

29.04.2019 directing the respondents therein to verify and comply

with the conditions stipulated in G.O.Rt.No.10, dated 03.01.2018.

6. In the background of the above factual matrix, we are of the

considered opinion that the present Public Interest Litigation filed by

the petitioner is an abuse of the process of law and accordingly, the

same is dismissed. No costs.

Pending miscellaneous applications, if any, shall also stand

disposed of.

ARUP KUMAR GOSWAMI, CJ                        C. PRAVEEN KUMAR, J

skmr