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2026:APHC:32034 Date of reserved for judgment : 05.03.2026 Date of Pronounced : 02.04.2026 Date of Uploaded : 02.04.2026

APHC010262832017 IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3565]

(Special Original Jurisdiction)

THURSDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY SIX

PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND

THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA LAND ACQUISITION APPEAL SUIT NOs: 458/2017

Between:

1. M .LAKSHMAIAH, S/O PEDDA VENGAMUNI, AGED ABOUT 58 YEARS, OCC: CULTIVATION R/O PARNAPALLI VILLAGE, LINGALA

MANDAL, KADAPA DISTRICT.

...APPELLANT AND

1. T HE LAND ACQUISITIOI OFFICER, (SPECIAL DEPUTY COLLECTOR, KADAPA)

2. T HE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, P.B.C., DIVISION, PULIVENDULA.

3. T HE ASSISTANT DIRECTOR OF HORTICULTURE, KADAPA.

...RESPONDENT(S):

to allow the appeal by setting aside the judgment and decree dated 23rd December, 2016, made in LAOPNO. 530 of 2010, on the file of the Judge, Family Court cum Additional District Judge, Kadapa, by granting and/or enhancing market value as sought for, both in respect of the lands and trees under acquisition, in the interest of justice and in the circumstances of the

case.

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2026:APHC:32034 LAND ACQUISITION APPEAL SUIT NO: 21/2018

Between:

1. T HE LAND ACQUISITION OFFICER, (SPECIAL DEPUTY COLLECTOR, KADAPA)

2. T HE EXECUTIVE ENGINEER IRRIGATION DEPARTMENT, P.B.C.DIVISION, PULIVENDULA

3. T HE ASSISTANT DIRECTOR OF HORTICULTURE, KADAPA ...APPELLANT(S)

AND

1. M LAKSHMAIAH, S/o.Pedda Vengamuni Aged r/o.Parnapalli village, Lingala Mandal, Kadapa District.

...RESPONDENT to allow this appeal by setting aside the decree and Judgment passed by

the VI Additional District Judge, Kadapa in LAOP.No.530/2010 dated 23.12.2016 and to pass other relief or reliefs which the Hon'ble Court deems

fit and proper in the circumstances of the case.

IA NO: 1 OF 2018 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 of all further proceedings in pursuance of the decree and judgment and decree dated 23.12.2016 in L.A.O.P.No.530 of 2010 on the file of the VI

Additional District Judge, Kadapa and to pass IA NO: 2 OF 2018

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

condone the delay of 315 days in filing the above appeal and to pass Counsel for the Appellant(S):

1. GP FOR APPEALS (AP)

Counsel for the Respondent:

1. P KAMLAKAR The Court made the following:

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2026:APHC:32034

THE HON’BLE SRI JUSTICE BATTU DEVANAND &

THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA

LAND ACQUISITION APPEAL SUIT NOs.458 of 2017 and 21 of 2018

COMMON JUDGMENT: (per Hon’ble Sri Justice Battu Devanand)

The Land Acquisition Appeal Suit No.458 of 2017 filed by the claimant

and Land Acquisition Appeal Suit No.21 of 2018 filed by the Land Acquisition Officer (for short “LAO) against the order, dated 23.12.2016 passed in LAOP No.530 of 2010 on the file of the VI Additional District Judge, Kadapa

(hereinafter referred to as “Reference Court”).

2. For the sake of convenience, the parties will be hereinafter

referred to as per their ranking in the Reference Court.

3. The brief facts of the case:

(i) The land to an extent of Ac.33.22 cents lying in different survey

numbers of Parnapalli Village, Lingala Mandal, was acquired for construction of Spill Way of Chitravati Balancing Reservoir at Parnapalli Village. The draft notification was published in Gazette, dated 14.02.2001. The draft declaration was passed in Gazette, dated 16.02.2001. The said lands are rain-fed lands. Nature of the lands is red soil and black cotton soil. Rain-fed crops like

ground-nut, etc., were being raised.

(ii) Ac.8-06 cents out of 12.10 cents lying in Sy.No.381 of Parnapalli

Village and Ac.1-62 cents out of Ac.3-81 cents lying in Sy.No.385 of Parnapalli Village belonged to the claimant were acquired. In the said extent of Ac.8-06 ce