APHC010197212021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3458]

(Special Original Jurisdiction)

THURSDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 11324/2021 Between:

1. A YINAMPUDI TRINADHA RAJU, S/O TATA RAJU, AGED 86 YEARS, OCC RETIRED, R/O OF 50/5, N TYPE QUARTERS, GARIVIDI VILLAGE AND MANDAL, VIZIANAGARAM DISTRICT.

2. S MT. JAMPANA RADHARANI, W/O LATE SRINIVASA RAJU, AGED

52 YEARS, OCC HOUSEHOLD, R/O OF TALLAVALASA VILLAGE, BHIMUNIPATNAM MANDAL, VISAKHAPATNAM DISTRICT.

...PETITIONER(S)

AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (L.A) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

2. T HE DISTRICT COLLECTOR, VIZIANAGARAM DISTRICT, VIZIANAGARAM.

3. T HE REVENUE DIVISIONAL OFFICER, VIZIANAGARAM, VIZIANAGARAM DISTRICT.

4. T HE TAHSILDAR, GARIVIDI MANDAL, VIZIANAGARAM 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 of Mandamus or any other appropriate Writ Order or direction, direction declaring the action of the respondents in paying Exgratia under G.O.Ms. No. 1307 dated 23-12-1993 in respect of petitionoers lands Ac.4.25 Cts in Sy.No.13/3, Ac.1.07 Cts in Sy.No.14/1 and Ac.1.95 Cts in Sy.No.14/4 (Total 7.27 Cts) of Koduru village, Garividi Mandal, Vizianagaram District, as illegal, arbi rary and in violation of Article 300- A of the Constitution of India and to issue a consequential direction to the respondents to pay compensation to petitionerrs in terms of G.O.Ms. No.259 Revenue (Assignment-I) Department dated 21-06-2016 under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and pass IA NO: 1 OF 2021 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 re¬determine and pay the compensation amount in respect of petitioners lands Ac.4.25 Cts in Sy.No.13/3, Ac.1.07 Cts in Sy.No.14/1 and Ac.1.95 Cts in Sy.No.14/4 (Total 7.27 Cts) of Koduru village, Garividi Mandal, Vizianagaram Distric, in terms of G.O.Ms. No.259 Revenue (Assignment-I) Department dated 21-06-2016 under Act 30 of 2013, pending disposal of the above writ petition and pass Counsel for the Petitioner(S):

1. D KRISHNA MURTHY Counsel for the Respondent(S):

1. GP FOR LAND ACQUISITION The Court made the following Order:

Heard Sri D. Krishna Murthy, learned counsel for the petitioners and the learned Government Pleader for Land Acquisition appearing for the respondents.

2. The instant Writ Petition is filed challenging the action of the respondents in not paying the Ex gratia amount in terms of G.O.Ms.No.107, dated 23.12.1993 in respect of the subject lands of the petitioner which are over an extent of Ac.4.25 cents in Sy.No.13/3. Ac.1.07 cents in Sy.No.14/1 and Ac.1.95 cents in Sy.No.14/4 of Koduru Village, Garividi Mandal, Vizianagaram District and consequently sought for a direction to the respondents to pay compensation in terms of G.O.Ms.No.259 Revenue (Assignment-I) Department, dated 21.06.2016.

3. It is contended that the 1^st petitioner was assigned land of an extent of Ac.4.25 cents in Sy.No.13/3, Koduru Village, Garividi Mandal, Vizianagaram District, in 1982 and another extent of Ac.1.07 cents in Sy.No.14/1 and Ac. 1.95 cents in Sy. No.14/4 Koduru Village, Garividi Mandal, Vizianagaram District, in favour of one late Jampana Srinivas Raju, the husband of the 2^nd petitioner herein. After the said assignment, the petitioners brought the land into cultivation by digging a bore well and raising a mango and Cashew nut plantation. In 1986, the subject lands were acquired without issuing notice to the petitioners and without paying compensation, on the pretext that the lands assigned in fa