Akbar Bee vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
Incomplete Matters
Before:
Hon'ble Gannamaneni Ramakrishna Prasad
Listed On:
31 Jul 2024
Original Order Copy
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Order Text
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) MONDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 4491 OF 2023 •"i .Xi I'C,',;
Between:
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- Akbar Bee, W/o Akbar Saheb, aged about 55 years. Occupation. Housewife, R/o Palakolanu village, Orvakal Mandal, Kurnool District.
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- Shaik Maabu Saheb, W/o Shaik Pari Saheb, aged 73 years, R/o H.No.1-90/1, near Darga. Palakolanu village, Orvakal Mandal, Kurnool District.
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- K. Chinna Veerabhadrudu, S/o Jangam Rachaiah, aged 46 years, Occ. Cultivation, Rio Palakolanu village, Orvakal Mandal, Kurnool District.
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- Shaik Rameezabi, W/o Shaik Rasool Saheb, aged 56 years, Occ. Cultivation, R/o H.No.1-48, Hussainapuram village, Orvakal Mandal, Kurnool District.
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- Smt.Shaik Shalibi, W/o Kama! Saheb, aged 87 years, Occ. Cultivation, Rio H.No.2-152, Hussainapuram village, Orvakal Mandal District. Kurnool
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- Shaik Rasool Saheb, S/O Pari Saheb, aged 63 years, Occ. Cultivation Rio H.No.1-49, Hussainapuram village, Orvakal Mandal District. Kurnool
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- Vadde Yella Subbaiah, S/o Pullaiah, aged 62 R/o H.No.4-72, Chinthalaplli village, Orvakal Mandal, Kurnool District years, Occ. Cultivation,
...Petitioners
\a
AND
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- The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Land Acquisition) Depaiirhent, Velagapudi, Amaravati, Guntur District.
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- The District Collector Kurnool District, Kurnool.
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- The Revenue Divisional Officer, Kurnool, Kurnool District.
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- The Tahsildar, Orvakal Mandal, Kurnool District.
...Respondents
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, declaring the action of the respondents in taking possession of the petitioners lands Ac.3.00 in Sy.No.141/2B2, Ac.0-14 Cts in Sy.No.149/2A, Ac.0-21 1/2 Cts in Sy.No. 149/2, Ac.2.00 Cts in Sy.No. 141, Ac.0-30 Cts in Sy.No. 149/2, Ac. 0.15 Cts in Sy No. 141/2A, Ac.3.00 in Sy.No.476, Ac.4.76 Cts in Sy.No. 484/C of Palakolanu village and Ac.1.00 inSy.No.1/4 of Somayajulapalli village, Orvakal Mandal, Kurnool District for the purpose of establishment of Ultra Mega Industrial Hub without paying compensation and without following due process of law under Right to Fair Compensation Transparency in Land Acquisition, Rehabilitation and and Resettlement Act, 2013; Article 21 and 300-A of the issue consequential direction to the respondents to pay compensation for our lands as illegal, arbitrary and also violative of Constitution of India and iinitiate land acquisition proceedings and to forthwith.
lA NO: <sup>1</sup> OF 907^
Petition under Section <sup>151</sup> of CPC is filed circumstances stated in the affidavit filed <sup>i</sup> Court may be pleased to direct the praying that in the in support of the petition, the High respondents to pay compensation to petitioners in respect of their lands Ac.3.00 in Sy.No.141/2B2, Ac.0-14 Cts in Sy.No.149/2A, Ac.0-21 Cts in Sy.No. 149/2, Ac.2.00 Cts in Sy.No. 141, Ac.0-' 30 Cts in Sy.No. 149/2, Ac. O.ISCts in Sy.No. 141/2A, Ac.3.00 in Sy.No.476, Ac.4.76 Cts in Sy.No. 484/C of Paiakoianu viiiage and Ac. 1.00 in Sy.No. 1/4 of
' Somayajulapalli village, Orvakal Mandal, Kurnool District, Pending disposal of WP <sup>4491</sup> of 2023, on the file of the High Court.
The Petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI D KRISHNA MURTHY Advocate for the Petitioners, and of GP FOR REVENUE, for the Respondents, the Court made the following
ORDER:
Learned counsel for the petitioner submitted that the respondent authorities having acquired the subject land of the petitioner in the year 2015 are not paying compensation. Therefore, a representation dated 24.07.2022 has been made to the respondents and the same was also not considered.
Learned counsel contended that it would suffice for the time being if a direction is given to the respondent authorities to consider and dispose of the representation made by the petitioner in a time bound manner, pending consideration of the writ petition.
Learned Assistant Government Pleader submitted that the representation is of the year 2022 and he has no instructions whethef the respondent office had received the said representation or not. However, if the petitioner makes a fresh representation, the same would be considered by the authorities in accordance with law, pending writ petition.
Phma facie, <sup>a</sup> point haS bben made out for consideration. As such,^ this Court Is inclined to pass the following order:-
"The petitioner is at liberty to make a fresh detailed claiming compensation to the authority concerned within from the date of receipt of a copy of this order. representation^ one (01) week
On such representation, the authority shall consider and appropriate orders in accordance with law within weeks thereafter." pass a period of four (04)
Post after Summer Vacation, 2025.
//TRUE COPY//
Sd/-B.PRASADA RAO ASSISTANT REGISTRAR
SECTION OFFICER
To,
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- The Principal Secretary, Revenue (Land Acquisition) Department, State of Andhra Pradesh, Velagapudi, Amaravati, Guntur District, (by special Messenger)
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- The District Collector Kufiiool District, Kurnool.
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- The Revenue Divisional Officer, Kurnool, Kurnool District.
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- The Tahsildar, Orvakal Mdndal, Kurnool District. (Addressees 2 to 4 by RPAD)
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- One CO to SRI. D KRISHNA MURTHY Advocate [OPUC]
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- TwoCCsto GP FOR REVENUE ,High Court of Andhra Pradesh. [OUT]
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- One spare copy
PSR
HIGH COURT
RC,J
DATED:07/04/2025
NOTE:POST AFTER SUMMER VACATION, 2025.
ORDER