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2025 Supreme(Online)(AP) 21949

HIGH COURT OF ANDHRA PRADESH
D Ramesh, J
A K Bahamani – Appellant
Versus
State of Andhra Pradesh – Respondent
WRIT PETITION NO: 22387/2024



Advocates:
For the Appellants/Petitioners: V R Reddy Kovvuri
For the Respondents: GP for Revenue

State authorities are bound by the findings of a High Court regarding a petitioner's possession and title; they cannot reject a compensation claim by disregarding such findings and must process the matter in accordance with the relevant land acquisition statutes.

Headnote:(A) Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Compensation for acquired land - Disputed title and possession - Earlier High Court order observed petitioner's prima facie evidence of possession (compensation from Power Grid) while noting disputed factual claims regarding patta - Authorities rejected claim citing resumption of land - Held, authorities cannot ignore court observations regarding possession and entitlement to compensation - Impugned rejection order set aside with direction to consider claim in accordance with 2013 Act. (Paras 6, 7, 13)

Facts of the case:
The petitioner claimed compensation for land measuring Ac.4.10 cents, asserting it was assigned to him via DKT Patta in 1986. He cited prior compensation received from Power Grid Corp. as evidence of possession. Respondents disputed the legitimacy of the patta, alleging it was fake and that the land had been resumed and reassigned to others. A prior writ petition was disposed of with directions to consider compensation on par with private owners, which led the respondent to reject the claim, prompting the current petition.

Findings of Court:
The Court held that given the previous judicial observations regarding the petitioner's possession and the documentation of prior compensation paid by statutory bodies, the mechanical rejection by revenue authorities without due regard to previous findings was unsustainable. The matter was remanded for consideration under the 2013 Act.

Issues: 1. Whether the Revenue Authorities correctly rejected the compensation claim despite prior judicial observations regarding title and possession? 2. Whether the disputed nature of the patta allows the authority to reject the claim without deeper inquiry into the petitioner's established possession?

Ratio Decidendi: Once the Court has observed matters regarding title and possession in previous litigation that attained finality, the authorities are not entitled to take a contrary view or reject the claim without performing the mandate of the Court or properly applying the relevant compensation statute.

Result: Writ Petition disposed of; impugned orders set aside; matter remanded for fresh consideration.

Table of Content
1. summary of facts involving assignment of land and subsequent encroachment/acquisition. (Para 1 , 2 , 3 , 4 , 5)
2. reference to prior judicial findings and the subsequent rejection order by revenue authorities. (Para 6 , 7)
3. competing contentions regarding the validity of title and possession of the assigned land. (Para 8 , 9 , 10 , 11 , 12)
4. court's decision to remand the matter for compliance with previous judicial orders. (Para 13 , 14)

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 appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings in Rc.No.A/146/2016, dated 16.03.2024 issued by the respondent No.4 in rejecting my claim for compensation for the land in an extent of Ac.4.10 cents in Sy.No.238/2 (New.Sy.No.236/3) of Tatiparthi Village, Thottambedu Mandal, Tirupati District, stating that the same does not belong to me and the Pattadar Passbook submitted by me is not genuine one quite contrary to the Orders, dated 18.02.2022 made in W.P.No.33282 of 2016 on the file of this Hon'ble Court as arbitrary, illegal, colourable exercise of power and contrary to the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 apart from being violative of fundamental and Constitutional Rights guaranteed to me under Article 14,19 and 21 of Constitution of India and consequently direct the respondents to pay me compensation for the land in an extent of Ac.4.10 cents in Sy.No.238/2 (New Sy.No.236/3) of Tatiparthi Village, Thottambedu Mandal, Tirupati District as per the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, by setting aside the proceedings in Rc.No.A/146/2016, dated 16.03.2024 issued by the respondent No.4 and pass

IA NO: 1 OF 2024

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 respondents to consider my claim for compensation for the land in an extent of Ac.4.10 cents in Sy.No.238/2 (New Sy.No.236/3) of Tatiparthi Village, Thottambedu Mandal, Tirupati District, pending disposal of the Writ Petition and pass

IA NO: 1 OF 2025

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 may be pleased to grant leave permitting the petitioner to file the reply affidavit and pass

Counsel for the Petitioner:

1.V R REDDY KOVVURI

Counsel for the Respondent(S):

1.GP FOR REVENUE

The Court made the following:

ORDER:

The present Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief:

“to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus or an appropriate writ or order declaring the action of the 2nd respondent in not altering the revenue records under Section 5 A of Section 5Aof A.P. Rights in Land and Pattadar Pass Books Act, 1971 and deleting petitioners name from l-B Register without notice and not issuing NOC for agricultural service connection from APSPDCL at the behest of 4th respondent for an extent of Ac.1.06 Cents in Sy.No.1136, Chennampalli Revenue village as arbitrary, illegal, misconceived, and violative of the principles of natural justice and Article 14, 19, 21, 300-A of the Constitution of India and consequently direct the respondents to restore the name of the petitioner in the revenue record as per Section 5 A of 1971 Act, and not to interfere with possessing and enjoyment of the subject land and grant such other relief and to pass….”

2. Heard M/s. V.R.Reddy Kovvuri, learned counsel for the petitioner and learned Assistant Government Pleader appearing for respondents.

3. Learned counsel for

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