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2026 Supreme(Online)(AP) 21439

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]


2026:APHC:21940

APHC010057682026


WRIT PETITION NO: 3650/2026


Between:


1. J AKKAM KOTESWAR RAO, , S/O.MOTHI VEERAYYA, AGED70 YEARS, OCC AGRICULTURIST,


2. J AKKAM SANDEEP,, S/O.J.KOTESWARRAO, AGED40 YEARS, OCC PRIVATE SERVICE, BOTH ARE R/O.D.NO.2-94-200, KUKUNOOR VILLAGEMANDAL, WEST GODAVARI DISTRICT.


...PETITIONER(S)


AND


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


2. T HE COMMISSIONER R R SCHEME, OPPANDHRA HOSPITALS, GOLLAPUDI, KRISHNA DISTRICT.


3. T HE DISTRICT COLLECTOR, ELURU, WEST GODAVARI DISTRICT.


4. T HE PROJECT ADMINISTRATOR, REHABILITATION RE-SETTLEMENT POLAVARAM NATIONAL PROJECT, PIP GUEST HOUSE, DHAVALESWARAM, RAJAHMAHENDRAVARAM, EAST GODAVARI DISTRICT.


5. T HE PROJECT OFFICER R R OFFICER, ITDA, K.R.PURAM, WEST GODAVARI DISTRICT.


6. T HE TAHSILDAR, KUKUNOOR MANDAL, WEST GODAVARI DISTRICT.


...RESPONDENT(S):


Counsel for the Petitioner(S):


1. NAGARAJU N


Counsel for the Respondent(S):


1. GP FOR REVENUE


2. GP FOR IRRI AND CAD


THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI


MONDAY,THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX

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 appropriate Writ, Order or direction more particularly one in the nature of the WRIT OF MANDAMUS declaring the action of the Respondents failed to pay the compensation amount as per the order Dt06-06-2020 passed by the 5th respondent(Previous Sub-Collector, Kukunoor) in favour of 1st petitioner shown in SI.No.47 inspite of enquiry report submitted by the 6th respondents to pass an award under R R Displaced Family) 5th respondent passed order through ROC N0.IO6/RR/2020, Dt31-05-2021 in favour of the 2nd petitioner shown in Serial No. 138 illegal, irrational, against the principles of natural justice besides violation of Articles 14 and 21 of the Constitution of India and consequently direct the respondents to release the amounts under R R package to the petitioners forthwith in the interest of justice under the Project Displaced Family(PDF) and to pass

IA NO: 1 OF 2026

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 pass an award by releasing the amounts under R&R package to the petitioners forthwith in the interest of justice under the Project Displaced Family(PDF) pending disposal of the above writ petition and to pass s

The Court made the following:

ORDER

To declare the action of the respondents in not paying compensation as per Order dated 06.06.2020 passed by the 5th respondent in favour of the petitioners inspite of enquiry report submitted by the 6th respondent being illegal and arbitrary, the present Writ Petition is filed.

2. Heard Smt K.V.Ramani, learned counsel representing Sri Nagaraju N, learned counsel for the petitioner, Sri Venkata Satya Narayana, learned Assistant Government Pleader for Revenue and Sri S Satish Kumar, learned Assistant Government Pleader for Irrigation.

3. Learned counsel for the petitioner in elaboration to what has been stated in the writ affidavit submitted that the petitioners are the residents of Kukunoor Village and Mandal, West Godavari District, and as their lands were under Sub Mergeable area for Polavaram Project, they were acquired from the petitioners and they are entitled for R&R package PDF (Project Displaced Family). In the initial enquiry, the 1st petitioner‟s name was recommended for inclusion in the list of beneficiaries for payment of compensation under R&R package, under the proceedings of the Sub Collector, kukunoor Mandal, dated 06.06.2020 wherein his name was listed at Sl.No.47. Similarly, the 2nd petitioner‟s name was also recommended for inclusion of his name in the beneficiaries list under the proceedings of the R&R Project Officer, ITDA, dated 31.05.2021 wherein his name was listed at Sl.No.4. Despite the said recommendations and the proceedings, the officials neither included the names of the petitioners in the list nor paid compensation so far. She further submitted that despite lapse of 5 long years, no further steps have been taken place in that regard. The petitioners are entitled for compensation (R&R package) by virtue of the Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013 (hereinafter referred to as „Act, 2013‟). If compensation is not paid, the rights of the petitioners‟ will be affected, accordingly, prayed to pass appropriate orders.

4. On the other hand, Sri Venkata Satya Narayana, learned Assistant Government Pleader for Revenue on counter contended that the petitioners have migrated and residing in Rajamahendravaram Town and Hyderabad city respectively for their livelihood prior to the cutoff date. In view of the same, they are not entitled for any package as per law. The writ petition is devoid of merits and liable to be dismissed, accordingly, prayed to dismiss the writ petition.

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