Andhra Pradesh High Court - Amravati
Daggubati Ravanamma vs The State Of Ap on 14 November, 2022
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
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.
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.
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
HON'BLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION No. 36024 OF 2022
Dt: 14.11.2022
AKN
