K Ramaiah vs. The State Of Andhra Pradesh

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY. THE ELEVENTH DAY OF NOVEMBER. TWO THOUSAND AND TWENTY : PRESENT: THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 21083 OF 2020

Between:

K.Ramaiah, S/o Rosanna.

...Petitioner

AND

• 1. The State of Andhra Pradesh, Represented by its Special Chief Secretary(lands) 4th block, ground floor, room no.136, A.P.State Secretariat Buildings, Velagapudi. Amaravathi. Guntur district. A.P.
• 2. The District Collector, Kurnool District, Kurnool, A.P.
• 3. The Joint Collector cum land acquisition Officer, Kurnool district cum project Administrator, Kurnool district, Andhra Pradesh.
• 4. The Revenue Divisional Officer, Nandyal, Kurnool district, Andhra Pradesh. ...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 pass an order or direction or a writ, more specifically a writ in the nature of a Mandamus declaring the action of the respondents in paying compensation at the rate of Rs 4.2 lakhs per acre only instead of Rs 5.5 lakh per acre and refusing to pay the balance of Rs 1.30 lakhs per annum as mandated under G.O.M.S. No. 259 dated 21-06-2016 inspite of the receipt of notice dated 09-08-2020 as illegal, unconscionable and violative of the petitioners 'rights guaranteed under article 14 and 300-A of the constitution of India as also the rulings of the High Court of Andhra Pradesh in WP No. 23148 of 2018 and also of the Supreme Court in Central Inland Water Transport Corporation Limited and Ors Vs Brojo Nath Ganguly and Ors in Civil Appeal Nos. 4412 of 1985 and consequently direct payment of balance compensation at the rate of Rs 1.3 lakhs per acre of the land acquired in respect of Acres 1.33 cents of the land of petitioner in Survey no.680/2, of Gani Village, Gadivemula Mandal, Kurnool district, Andhra Pradesh.

IA NO: 1 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 2nd and 3rd respondents to take necessary action or alternatively pass necessary orders on the notice caused to be sent on behalf of the petitioner dated 31-08-2020, pending disposal of WP 21083 of 2020, 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 A Srinath, Advocate for the Petitioner, GP for Land Acquisition for the Respondent No. 3 and GP for Revenue for Respondent No.1, 2 & 4, the Court made the following. ORDER

"Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Land Acquisition.

2. The grievance of the petitioner in the writ petition is that the respondents paid compensation at the rate of Rs.4,02,000 /-per acre to the petitioner instead of Rs.5,05,000/- Per acre and refusing to pay the balance of Rs.1,30,000/- per acre, as mandated in G.O.Ms.No.259, Revenue (Assn.l) Department, dated 21.06.2016. Learned counsel for the petitioner, while placing reliance on the judgment of the Hon'ble Supreme Court and the judgment of a learned Single Judge in Writ Petition No.23148 of 2018, submits that the petitioner is entitled for the balance compensation and in this regard the petitioner got issued a notice dated 31.08.2020 to the respondents and the same has not yielded any response so far.

3. Learned Assistant Government Pleader for Land Acquisition seeks time to file counter in the matter. Accordingly, three weeks time is granted for filing counter.

4. However, in the meanwhile, since the petitioner got issued a notice dated 22.08.2020 setting out his claim; the respondents are directed to send response within a period of two weeks from the date of receipt of a copy of the order so that the petitioner would know where she stands.

5. List the matter after three weeks. Office is directed to print the name of learned Government Pleader for Land Acquisition."

//TRUE COPY//

Sd/- A. Surva Prakasa Rao DEPUTY REGISTRAR SECTION OFFICER

To,

• 1. The Special Chief Secretary(lands), State of Andhra Pradesh, 4th block, ground floor, room no.136, A.P.State Secretariat Buildings, Velagapudi, Amaravathi, Guntur district, A.P.
• 2. The District Collector, Kurnool district, Kurnool, A.P.
• 3. The Joint Collector cum land acquisition Officer, Kurnool district cum project Administrator, Kurnool district, Andhra Pradesh.
• 4. The Revenue Divisional Officer, Nandyal, Kurnool district, Andhra Pradesh (1 to 4 by $RPAD$ )
• 5. One CC to Sri A Srinath, Advocate [OPUC]
• 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
• 7. Two CCs to GP for Land Acquisition, High Court of Andhra Pradesh. [OUT]
• 8. The Section Officer, Posting Section.
• 9. One spare copy.

$SP$

HIGH COURT

DR, J

DATED: 11/11/2020

LIST THE MATTER AFTER THREE WEEKS

ORDER

WP.No.21108 of 2020

INTERIM DIRECTION