APHC010159692022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3233]

(Special Original Jurisdiction)

MONDAY, THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 8789/2022 Between:

1. D EVABAKTHINENI RAMBABU, , S/O LATE. D.VENKATESWAR RAO, HINDU,AGED ABOUT 64 YEARS,B-306, D.NO.17- 114,PRASADAM PADU. VIJAYAWADA RURAL,VIJAYAWADA-

521108.

2. M ANNE SUNIL KUMAR,, S/O LATE M.VEERAIAH, HINDU, AGED ABOUT 47 YEARS, DOOR NO. 8-29, PRASADAMPADU, VIJAYAWADA RURAL MANDAL, VIJAYAWADA , KRISHNA DISTRICT.

3. G ODAVARTHI PHANI VENKATA SRIDHAR,, S/O G.SATHYANARAYANA, HINDU,AGED ABOUT 423 YEARS, H.NO. 2-164,FLAT NO. 210, SRI KRISHNA RESIDENTCY,VIDYANAGAR COLAONY, TADIGADAPA,PENAMALURU MANDAL, VVIJAYAWADA, KRISHNA DISTRICT.

...PETITIONER(S)

AND

1. T HE STATE OF AP, REP BY ITS PRI.SECRETARY (R AND B)

DEPARTMENT, SECRETARIAT,VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

2. T HE GOVT OF A P, .,REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT,SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

3. T HE DISTRICT COLLECTOR, MACHILIPATNAM AT KRISHNA DISTRICT.

4. T HE REVENUE DIVISIONAL OFFICER, NUZIVEEDU AND SUB COLLECTOR CUM LAND ACQUISITION OFFICER, KRISHNA DISTRICT.

5. T HE TAHASILDAR, GANNAVARAM MAANDAL,GANNAVARAM, KRISHNA DISTRICT.

6. T HE ENGINEER IN CHIEF R AND B MAJOR DISTRICT ROADS, VIJAYAWADA, M.G. ROAD, KRISHNA DISTRICT.

7. C HIEF ENGINEER RANDB, -MD APRDC M.G.VIJAYAWADA, KRISHNA DISTRICT.

8. T HE SUPERINTENDENT OF ENGINEER R AND B, M.G. ROAD, VIJAYAWADA, KRISHNA DISTRICT.

9. T HE EXECUTIVE ENGINEER R AND B, M.G. ROAD, VIJAYAWADA, KRISHNA DISTRICT.

...RESPONDENT(S):

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 topleased to issue any appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents is not paying the compensation in respect of the land in S.No.498/11B to an extent of 08 cents situated at VeduruPavuluru Villaage of Gannavaram Mandal, Krishna District illegal and in contravention of the provisions of Right to fair Compensation and transparency in land Acquisition and Rehabilitation and resettlement Act 2013.Consequently direct the respondents to pay the compensation liable to be paid as per award No. 13 /2017-18 passed by the 4th respondent as qualified as Rs.6,61,340/- together with interest 15percent per annum and also to pay damages of Rs.1,00,000/- pass IA NO: 1 OF 2022 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 pleased to direct the respondents to pay take further action pursuant to endorsement made by Land Acquisition Officer Cum Revenue Divisional Officer Cum Sub Collector, Nuzlveedu Dt.12-12- 2021 to pay the compensation in respect of the land situated in S.No. 498/11B of Veduru pavuluru Village of Gannavaram Mandal, Krishna District pending disposal of the above Writ Petition before this Hon'ble Court, and pass Counsel for the Petitioner(S):

1. N SUBBA RAO Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS

2. GP FOR FINANCE PLANNING

3. GP FOR REVENUE

4. GP FOR LAND ACQUISITION (AP)

The Court made the following Order:

Heard the learned counsel for the petitioners, the learned Assistant Government Pleader for Finance & Planning for the 2^nd respondent, the learned Assistant Government Pleader for R&B for the respondent Nos.1, 6 to 9 and the learned Assistant Government Pleader for Revenue for the respondent Nos.3 to 5.

2. This writ petition was filed questioning the action of the respondents in not paying the compensation in respect of the land in S.No.498/11B to an extent of 08 cents situated at Vedurupavuluru village of Gannavaram Mandal, Krishna District which is illegal and in contravention of the provisions of Right to Fair Compensation and Transparency in Land Acquisition a