Andhra Pradesh High Court - Amravati

C V Somi Reddy vs The State Of Ap on 5 March, 2021

Bench: Ninala Jayasurya

[3209 ]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

FRIDAY, THE FIETH DAY OF MARCH TWO THOUSAND AND TWENTY ONE __.-:

 
 
 

:PRESENT:
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA

WRIT PETITION NO: 12502 OF 2019
Between:
1. C V Somi Reddy, S/o Late C.Virupakshi Reddy, aged about 56 years,"
Occupation:Agriculturist, | H.No.5/2068, Lakshmipeta, YEMMIGANUR-518
360(A.P.), Kurnool District.

2. U.G.Ramudu(died), by his L.R., his daughter U.Anuasha, W/o Ranganath Prasad
and D/o Late U.G.Ramudu, aged about 30 years, Occupation:House wife,
resident of H.No.3/43, Uppara Street, YEMMIGANUR-518 3609A.P.), Kurnool
District.

3. B.Kotturu Basappa, S/o Late B.Nanjundappa, aged about 77 years,
_ Occupation:Agriculturist, H.No.10/423, Kalugotla Road, YEMMIGANUR-518
360(A.P.), Kurnool District. .

4. U.GSreenivasulu, S/o Late U.G.Hanumanna, aged about 44 years,
Occupation:Agriculturist, H.No.3/45, Uppara Street, YEMMIGANUR-518
360(A.P.), Kurnool District.

5. G.Somanna, S/o G.C.Yellappa, aged about 69 years, Occupation:Agriculturist,
H.No.10/1248, Mallari Street, YEMMIGANUR-518 360(A.P.), Kurnool District.

6. Gangundi Adenna, (Died), by his L.R.G.Ganesh, S/o Late G.Adenna, aged about
43 years, Occupation:Agriculturist, H.No.7/14, Mugathipeta, YEMMIGANUR-518
360(A.P.), Kurnool District.

7. U.M.Venkateswarlu, S/o U.M.Eranna, aged about 59 years,
Occupation:Agriculturist, H.No.5/2313, Mallari Street, YEMMIGANUR-518
360(A.P.), Kurnool District.

8. T.Md.lqbal, S/o Late | 1.Md.Haneef, aged about 62 years,
Occupation:Agriculturist, Mugathipeta, YEMMIGANUR-518 360(A.P.), Kurnool
District.

9. Kanike Pedda Mallaiah, S/o Late K.Ramalingappa, aged about 62 years,
Occupation:Agriculturist, H.No.10/ 238, Mallari Street, YEMMIGANUR-518
360(A.P.), Kurnool District.

40.T.Md.Haneef (died), by his L.Rs.T.Md.lqbal, S/o Late T.Md.Haneef, aged about
62 years, Occupation:Agriculturist, Mugathipeta, YEMMIGANUR-518 360(A.P.),
Kurnool District.

11.T.Shamsuddin @ Shamuddin, S/o T.Md.Haneef, aged about 56 years,
Occupation:Agriculturist,  H.No.10/29, Mugathipeta, YEMMIGANUR-518

---- 360(A.P.), Kurnool District.

12.U.G.Sreeramulu, S/o Late G.Chilakanna, aged about 67 years,
Occupation:Agriculturist, Uappari Street, YEMMIGANUR-518 360(A.P.), Kurnool
District.

143.M.Somanna, S/o Late M.Shankarappa, aged about 72 _ years,
Occupation:Agriculturist, H.No.7/137-A, Machani Street, YEMMIGANUR-518
360(A.P.), Kurnool District.

14,.M.Venkateshappa, S/o Late M.Shankarappa, aged about 70 years,
Occupation:Agriculturist, H.No.7/137-A, Machani Street, YEMMIGANUR-518
360(A.P.), Kurnool District.

15.U.K.Srinivasulu (died), by his L.Rs.Smt.U.K.Sasikala, W/o Late U.K.Srinivasulu,
aged about 52 years, Occupation:House hold, H.No.1/1158, Geetha Nagar,
YEMMIGANUR-518 360(A.P.), Kurnool District. .

16.T.Inayathulla, S/o Late T.Sattar Sab, aged about 60 years,
Occupation:Agriculturist, H.No.9/297, Mugathipeta, YEMMIGANUR-518
360(A.P.), Kurnool District.
 

17.Kanike Chinna Mallappa, S/o Late K.Ramalingappa, aged about 55 years,
Occupation:Agriculturist, H.No.7/238, Mallari Street, YEMMIGANUR-518
360(A.P.), Kurnool District.
18.T.Md.Shafi, S/o Late 7.Md.Hussain Sab, aged about 70 'years,
Occupation:Agriculture, R/o Mugathipeta, YEMMIGANUR-518 360 (A.P.),
Kurnool District.
. Petitioners
AND
4. The State of Andhra Pradesh, represented by the Principal Secretary, Social
Welfare (Land acquisition) Department, 4th Block, Ground Floor, Room No.136,
VELAGAPUDI-522 237(A.P.), Guntur District.
2. Special Chief Secretary and Chief Commissioner for Land Administration,
Andhra Pradesh Secretariat, VELAGAPUDI-522 237(A.P.), Guntur District.
3. Director of Social Welfare, Andhra Pradesh, Tadepalli (Post), Guntur District,
AP.,
District Collector, Kurnool District, KURNOOL-518 002(A.P.)
Revenue Divisional Officer, ADONI-518 301(A.P.), Kurnool District.
Respondents

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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 an order or direction or writ more appropriately a WRIT OF MANDAMUS to
declare the -action of the Respondents in not depositing the legitimate land
compensation of the Petitioners in respect of their lands acquired as per the
enhancement of compensation ordered in O.P.No.56 of 2006 and batch, dated.26-02-
2010 on the file of the Learned Senior Civil Judge, Adoni, as confirmed in
| AAS.No.587 of 2010 and batch, dated.07-04-2016 by this Hon'ble High Court at
Hyderabad as illegal and violation of Articles 14 and 21 of the Constitution of India and
further direct the Respondents herein forthwith deposit the entire legitimate land
compensation for which the Petitioners are entitled to, along with interest as on the date
of deposit into the credit of their E.P.Nos.i.e., E.P.Nos.3, 4, 5, 7, 10,12, 13, 14, 18, 20,
21, 26, 27, 44, 45, 46, 49 of 2017 and E_P.No.50 of 2017 on the file of the Senior Civil
Judge, Adoni, Kurnool District;

IA NO: 1 OF 2019

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 1st Respondent herein to forthwith sanction by releasing the amount as per the
proposals sent by the 4th Respondent herein vide his letters No.Re.H.15//SWLA/2018,
dated.16-02-2019 and Letter No.15/SWLA/2018, dated 16-02-2019 sent for both
clarifications, pending disposal of WP 12502 of 2019, 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.K.Rajanna Advocate for
the Petitioners and of GP for Land Acquisition for Respondents, the Court made the
following.

ORDER:

Heard learned counsel for the petitioners and learned Assistant

Government Pleader for Land Acquisition.

The writ petition is filed aggrieved by the action of the respondents in not depositing the compensation amounts in respect of the petitioners' lands acquired in the year 1998.

Learned counsel for the petitioners submits that challenging the orders dated 26.2.2010 in O.P.No.56 of 2006 and batch regarding the determination of compensation, the matter was carried by way of appeals and the same were dismissed on 07.4.2016 vide common judgment in LAAS Nos.587 of 2010 and batch. He submits that the petitioners along with other petitioners earlier filed Writ Petition No.12740 of 2017 and the same was allowed directing the Authorities therein to deposit the amount of compensation to which the petitioners are entitled to in terms of the decree and judgments in their favour. He further submits that as the orders are not complied with, a contempt case was filed vide C.C.No.872 of 2018 and under threat of contempt, compensation in respect of some of the land owners was deposited. However in respect of the petitioners herein the same has not been deposited so far despite the clarifications submitted by the fourth respondent including the one dated 16.2.2019 addressed to the first respondent, a perusal of which would make it clear that sanction for an amount of Rs.87,38,092/- was requested towards final decretal amount to deposit in the Court of Senior Civil Judge, Adoni to avoid further legal complications as well as further loss of interest. Despite the above said letter, learned counsel for the petitioners states that the respondents are dodging the matter and thereby the petitioners are deprived of their compensation though it was paid long back to some of the similarly situated persons. This Court finds merit in the submission of learned counsel for the petitioners and the respondents are not justified in not releasing the compensation amount despite the fourth

respondent's communication dated 16.2.2019.

in such view of the matter, there shall be a direction to the first respondent to sanction and release the amount as per the proposals of the fourth respondent dated 16.2.2019 within a period of four weeks from the date of receipt of a copy of

this order.

List the matter after four weeks.

ITTRUE COPY!/

_ Sdi-T. Madhavi _ ASSISTADY pon 7 "SECTION cen

To,

4. The Principal Secretary, Social Welfare (Land acquisition) Department, State of Andhra Pradesh, 4th Block, Ground Floor, Room No. 136, VELAGAPUDI-522 237(A.P.), Guntur District.

2. Special Chief Secretary and Chief Commissioner for Land Administration, Andhra Pradesh Secretariat, VELAGAPUDI-522 237(A.P.), Guntur District.

3. Director of Social Welfare, Andhra Pradesh, Tadepalli (Post), Guntur District,

A.P.,

District Collector, Kurnool District, KURNOOL-518 002(A.P.)

Revenue Divisional Officer, ADONI-518 301(A.P.), Kurnool District.(1 to 5 by RPAD)

One CC to SRI.K RAJANNA Advocate [OPUC]

Two CCs to GP for Land Acquisition, High Court Of Andhra Pradesh.[OUT]

One spare copy

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HIGH COURT

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