WRIT PETITION 17701 of 2022 on 18 December 2008

1. The State of Andhra Pradesh, Rep its Principle Secretary[Revenue]Dept. Velagapudi @ Amaravathi, Guntur Dist.Andhra Pradesh.Dept. Velagapudi @ Amaravathi, Guntur Dist.Andhra Pradesh.

2. The District Collector, Nellore, SPSR Nellore District.

3. The Revenue Divisional Officer, Nellore, SPSR Nellore District.

4. The Tahsildar, Nellore Rural Mandal, SPSR Nellore District.

...Respondents

Petition under Article 226 of the Constitution of India is filed prayingthat in the circumstances stated in the affidavit filed therewith, the HighCourt may be pleased to issue a writ or order or direction more particularlyone in the nature writ of mandamus declaring the action of the respondents2 to 4 in considering the representations/ objections of the petitioner herein25.04.2022 submitted before the respondents authorities concernedforquashing the order of proceedings passed by the 4th respondent hereiniRc(B)87A101/2007dt.[n]18.12.2008againstthepetitionerfortheacquisitionof thelandof petitionervize Sy.NO.130/3AanextentofAc.I.IOcentsin out of total an extent of Ac. 119.80centssituatedatAmbapuram Kothur Village, Nellore Rural MandalSPSR NelloreDistrict #

andsetasidetheorderofproceedingsinRc(B)87A101/2007dt. 18.12.2008 passed against the petitioner by the 4th respondent herein inrespect of the lands of petitioner for the aforesaid land, as illegally arbritrydiscriminatory and violation of principles of natural justice consequentlydirect the respondents to consider the representations/ objections of thepetitioner 25.04.2022 with regarding the payment of compensation towardsaward amountwithinterest fromthedateof awardtillthedateofrealisation with in stipulated period prescribed law by determining my rightsin my land asI was eligible for recovery of compensation under lawrlA NO: 1 OF 202?- Petition under Section 1^1 CPC praying that in the circumstancesstated in the affidavit filed in support of the petition, the High Court may bepleased to grant stay from dispossession of the petitioner from hislandvizeSy.No. 130/3A an extent of Ac 1.10 Cents in out of Ac.119.80 Centssituated at Ambapuram Kothur Village Nellore Rural MandalSPSR NelloreDistrict against the respondents herein in view of writ petition until furtherorder in interest of justice.^

Counsel for the Petitioner:SRI. KHAJARAHAMATULLA SCounsel for the Respondents: GP FOR REVENUE ^The Court made the following:

APHC010280742022IN THE HIGH COURT OF ANDHRAPRADESHAT AMARAVATI(Special Original Jurisdiction)

[3505]

MONDAY ,THE TWENTY FOURTH DAY OF MARCHTWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR

WRIT PETITION NO: 17701/2022

Between:

Hasti Sekhar Alias Sekhar Raju

...PETITIONER

AND

The State Of Andhra Pradesh and Others...RESPONDENT{S)

Counsel for the Petitioner:

1. KHAJARAHAMATULLA S

Counsel for the Respondent{S):

1. GP FOR REVENUE

The Court made the following order:

The petitioner claims that heis the absolute owner[and]possessor of land admeasuring anextent of Ac. 1.10[cents]inSy.No.130/3Aof Ambapuram,KothurVillage,NelloreRuralMandal, SPSR Nellore District. He further claims that he is ekingout livelihood by cultivating the said land and he dug a bore well,for doing agriculture.It is his further case that the representationmade by him was favourably considered and accordingly[he][ was]grantedDKTpattaoveranextentofAc. 1.10centsinSy.No.130/3A.It is the case of the petitioner that[since][ the][ date][ of]grant of patta, he is in peaceful possession and enjoyment[of][ the]said land.

2. Itisfurthercaseofthepetitionerthatwhileso,therespondents identified the land of the petitioner for[issuance][ of]housesitepattastoeligiblebeneficiariesunderIndirammaHousing ProgrammePhase-ll scheme and accordingly the[4]threspondentissuedproceedingsinRc.V. 87/A-1-2007,dt. 18.12.2008.It is further case of the petitioner that though theproceedingswereissued,thepetitionercontinuedtobeinpossession of the land.It is his further case that subsequently theGovernment has proposed to take over the land of the petitioner under Navarathnalu Pedalandarikilllu Scheme.In furtherancethereto, the subject land was taken away from the petitioner[and]the same was distributed in favour of eligible beneficiaries.Itisfurther case of the petitioner that despite resuming[the][ land][ from]him, no compensation was paid. The petitioner further claims thathe has made representation dt.25.04.2022 to the respondentsseekingto pay compensation. Questioning the actionoftherespondentsinnotconsideringtherepresentationdated25.04.2022, the present writ petition came to be filed.3.LearnedAssistantGovernmentPleaderforRevenueplacedinstructionsdated22.03.2025furnishedbythe3'"'respondent before this Court.

4. On perusal of the said instructions,it is stated that the 3"'^respondent by letter dated 27.01.2023 directed the 4**^ respondentto submit a report in the matter.In pursuance of thesame,anenquiry was conducted and in the enquiry it is revealed that thepetitioner was in possession of the subject lands. Accordingly, the4*'' respondent submitted a report dated 31.05.2023 to the3'"^respondent recommending to pay compensation based on marketvalueintermsofasper G.O.Ms.No.571Revenue(Assin-I)Department, dt.14.09.2012 as the land was under possessionand enjoyment of the petitioner for more than ten years.[The]respondent by letter dated 27.01.2023 directed the 4**^ respondentto submit a report in the matter.In pursuance of thesame,anenquiry was conducted and in the enquiry it is revealed that thepetitioner was in possession of the subject lands. Accordingly, the4*'' respondent submitted a report dated 31.05.2023 to the3'"^respondent recommending to pay compensation based on marketvalueintermsofasper G.O.Ms.No.571Revenue(Assin-I)Department, dt.14.09.2012 as the land was under possessionand enjoyment of the petitioner for more than ten years.[The]

respondent further states that the market value was[fixed][ at][ the]rate of Rs. 16,50,000/- per acre and accordingly the[petitioner][ is]entitled to receive an amount of Rs. 18,15,000/- towards[the][ land]resumed from him.Infact the3'^^ respondent alsoaccordedpermissionfordrawlofRs.18,15,000/-towardspaymentofcompensation to the petitioner.In pursuance of the[same,]itisstated that whenbill wastriedto beuploadedin CFMSforpayment of compensation, due to lack of funds in the[account,][ the]bill ID could not be created. The instructions further[reveal][ that]steps are being taken and the compensation will be[paid][ to][ the]petitioner.

5. HeardlearnedcounselforthepetitionerandlearnedAssistant Government Pleader for the respondents. Perused[the]material available on record.Assistant Government Pleader for the respondents. Perused[the]material available on record.

6. Admittedly, the land of the petitioner was initially[acquired]in the year 2008 but the same could not be put to use[for][ various]reasonsbytheGovernment.Inviewthereofthepetitionercontinued to be in possession of the subject lands.[Further,][ the]Government has identified the subject lands for distributionofhouse sitesin favour of eligible beneficiaries under[Navartnalu]Pedalandarikilllu Scheme. Accordingly, the land was[resumed]from the petitioner. When no compensation is paid,[the][ petitioner]in the year 2008 but the same could not be put to use[for][ various]reasonsbytheGovernment.Inviewthereofthepetitionercontinued to be in possession of the subject lands.[Further,][ the]Government has identified the subject lands for distributionofhouse sitesin favour of eligible beneficiaries under[Navartnalu]Pedalandarikilllu Scheme. Accordingly, the land was[resumed]from the petitioner. When no compensation is paid,[the][ petitioner]

made a representation and the same was favourably consideredand in fact the Joint Collector also fixed market value[at][ the][ rate]of Rs. 16,50,000/- per acre and accordingly the 3'"^[respondent]issued proceedings dated 05.09.2024, whereinit is[categorically]stated that he is entitled to receive an amount of[Rs.][ 18,15,000/-,]towards compensation.It is needless to mention that[once][ the]landis resumed/acquired from the petitioner,it is[incumbent][ on]the part of the respondents to pay compensation.

of7.Inviewof thesame,the WritPetitionis disposeddirecting the respondents to pay compensation to the[petitioner]asfixed by the Revenue Divisional Officer in proceedings[dated]05.09.2024, within a period of three (03) months, from[the][ date][ of]receipt of copy of this order.

7.

8. With the above directions, the Writ Petition is disposed[of.]There shall be no order as to costs.

As a sequel. Miscellaneous Applications,if any, pending To, shall also stand dismissed.

Sd/- M. RAWSESH BABUDEPUTY REGISTRARrrStSECTION OFFICER

//TRUE COPY//

1. The Principle Secretary, Revenue Dept, State of Andhra Prad^h,Velagapudi @ Amaravathi, Guntur Dist.Andhra Pradesh.Velagapudi @ Amaravathi, Guntur Dist.Andhra Pradesh.

2. The District Collector, Nellore, SPSR Nellore District.

3. The Revenue Divisional Officer, Nellore, SPSR Nellore District.^

4. The Tahsildar, Nellore Rural Mandal, SPSR Nellore[District.(1][ to][ 4][ by]RPAD)RPAD)

5. One CC to SRI. KHAJARAHAMATULLA S Advocate [OPUC]

6. Two CCs to GP FOR REVENUE .High Court Of Andhra Pradesh^^,^ Pradesh^^,^

[OUT]

7. Three CD Copies

KSR

HIGH COURT

DATED:24/03/2025

ORDER

WP.No.17701 of 2022

DISPOSING THE WRIT PETITION WITHOUT COSTS

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