APHC010179562020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3458]

(Special Original Jurisdiction)

THURSDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 11478/2020 Between:

1. C HALAMALA YELLA REDDY @ YELLAIAH,, S/O. LAKSHUMAIAH, AGED ABOUT 70 YEARS, R/O. KULLURU VILLAGE, KALUVAY MANDAL, SPSR NELLORE DISTRICT ...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY IT PRINCIPAL SECRETARY (LAND ACQUISITION), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUMTUR DISTRICT.

2. T HE SPECIAL DEPUTY COLLECTOR LA, SOMASILA PROJECT, UNIT-IV, RAJAMPET, YSR KADAPA DISTRICT.

3. T HE SPECIAL COLLECTOR LA, GNSS, KADAPA, YSR KADAPA DISTRICT.

4. C HALAMALA JANARDHANA REDDYJANNAIAH, S/O.

LAKSHUMAIAH, AGED ABOUT 66 YEARS, R/O. KULLURU VILLAGE, KALUVAY MANDAL, SPSR NELLORE 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 to Issue a Writ order or direction more in the nature of a Writ of Mandamus by questioning the action of the respondents No. 2 and 3, who has failed to consider the representations, dated 24.11.2018 and 28.04.2020 and made enquiry on the objections of the petitioner in questioning the claim awarded to the 4th respondent In Award No. 5/98-99 dated 30-10-1998, Reach no. Vi ( lands ), Konapuram Village, Nandaluru Mandal, YSR Kadapa District and trying to disburse the balance Compensation amount to a tune of Rs. 3,79,50,605/- to the elw respondent as illegal, arbitrary and against the principles of natural justice and consequently direct the respondent no.3 and 4 not to disburse any amount to the 41/) respondent for his claims in Award No. 5/98-99 dated 30-10-1998, Reach no. Vi ( lands ), Konapuram Village, Nandaluru Mandal, YSR Kadapa District, and to do enquiry on the petitioner representations and direct to file a report before this Hon'ble court and pass IA NO: 1 OF 2020 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 stay the Order dated 03.02.2020, in EP No. 1 / 2019 in LAOP No. 281/2000, on the file of the Hon’ble court of Senior Civil Judge, Rajampet, YSR Kadapa District, pending disposal of the writ petition 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 grant leave to file reply to the counter affidavit filed by the 4th respondent in WP.no. 11478 of 2020 in the interest of justice and to pass Counsel for the Petitioner:

1. S LAKSHMINARAYANA REDDY Counsel for the Respondent(S):

1. GP FOR LAND ACQUISITION

2. VENKATESWARA RAO GUDAPATI The Court made the following Order:

Heard Sri S. Lakshminarayana Reddy, learned counsel for the petitioner and the learned Assistant Government Pleader for Land Acquisition appearing for the respondents.

2. The following issue arises for consideration of this court:

After the conclusion of the land acquisition proceedings under the provisions of the Land Acquisition Act 1894, and after the proceedings have become final, at the stage of execution of the award, can the claimant raise an issue that the compensation paid was less than the amount due as per the shares mentioned under the sale deed executed in favour of the claimant and other co owners of the land? Do land acquisition authorities have jurisdiction to consider these issues and conduct an enquiry in the said regard?

3. The grievance of the petitioner is that the respondents are not apportioning the land acquisition compensation in terms of the shares specified in the sale deed bearing document No.12-86 of 1987, purchased by him along with his brother, the unofficial respondent No.4 herein and two others. It is contended that he and the unofficial respondent No.4, along with others, pu