WRIT PETITION 14578 of 2025 on 8 March 1994

ORDER:

ThepresentWritPetitionisfiledunder Article 226oftheConstitution of India for the following relief/s:

....to issue an order or direction or writ, more particularlyonein the nature of Writ of Mandamus declaring theaction of the respondent authorities in not referring[the]applications filed by the petitioners U/s 18 of the[Land]Acquisition Act toCivil Court for fixingfair andjustcompensation in respect of the award bearing No.2 of1994, dated 08.03.1994 as highly arbitrary, illegal,nullandvoidprinciplesofnaturaljusticeviolativeoffundamental rights apart from the Article 300-A of[the]Constitution of India and contrary to Provisions of[U/s][ 18]of the Land Acquisition Act and consequently to direct[the]respondent authorities torefer the applications dated10.04.1994 to the Competent Civil Court U/s 18 of theLand Acquisition Act and to pass such other order ororders....

2. Learned Assistant Government Pleader placedorder dated20.06.2025in W.P. No.14578 of 2025, and requestedthis Court topasssimilar order and the counsel for the petitioners consented[for]passing of the similar order.

3. Therefore, the present Writ Petitionis disposed of[in][ terms][ of]order dated 20.06.2025, passed in W.P. No. 14578 of[2025.]Office isdirected to attach a copy of the said order along with[this][ order.]Thereorder dated 20.06.2025, passed in W.P. No. 14578 of[2025.]Office isdirected to attach a copy of the said order along with[this][ order.]There shall be no order as to costs.

As a sequel thereto, miscellaneous petitions pending,if anyshall stand closed.

Sd/- T. SRINIVASA RAOASSISTANT REGISTRAR//TRUE COPY//ASECTION OFFICER

To,

1. The Principal Secretary, State of Andhra Pradesh, Water ResourcesManagement Department (Irrigation and Command Area Development),Management Department (Irrigation and Command Area Development),Secretariat, Velagapudi, Amaravati.

2. The Special Collector (LA), Galerunagari Sujala,SravanthiProject, Kadapa, Kadapa District.

3. Special Deputy Collector (LA) Unit-IV, SomasilaProject,Rajampet,Project,Rajampet, Annamayya District

4. One CC to SRI. NAGENDRA BABU.U Advocate [OPUC]

5. Two CCS to GP FOR LAND ACQUISITION, High Court of AndhraPradesh [OUT]Pradesh [OUT]6. Two CCs to GP FOR IRRIGATION & COMM AREA DEV.High Courtof Andhra Pradesh [OUT]of Andhra Pradesh [OUT]

7. Two CD Copies

sree

*AlongwithacopyoftheOrderdated20.06.2025passedinW.P.No.14578 of 2025

-Si.

HIGH COURTDATE0:25/09/2025

ORDERWP NO. 4720 OF 2023

DISPOSING OF THE W.P.WITHOUT COSTS

8^

\

APHC010260822025

IN THE HIGH COURT OF ANDHRA PRADESHAT AMARAVATI(Special Original Jurisdiction)

[3329]

FRIDAY ,THE TWENTIETH DAY OF JUNETWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION NO: 14578/2025

Between:

Vempalli Venkata Ramana Rao @ Venkataramana andOthers

...PETITIONER(S)

AND

The State Of Andhra Pradesh and Others

...RESPONDENT(S)

Counsel for the Petitioner(S):

1. JESTADI PRUDVI RAJU

Counsel for the Respondent(S):1.GP FOR LAND ACQUISITIONThe Court made the following:

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION NO: 14578/2025

ORDER:

The present writ petition is filed under Article 226[of][ the][ Constitution][ of]India seeking following relief:

“to issue a writ, order or direction more particularly[one][ in]the nature of WRIT OF MANDAMUS declaring the inaction[on]the part of the 3^^ respondent in not referring the petitioners’applications under Section 18 of the Land Acquisition Act, 1894,to the competent civil Court for enhancement of compensation[is]illegal,irregula,rirrational,violativeofprovisionsofLandAcquisition Act, 1894 and offends Article 300-A of[Constitution][ of]India and consequently direct the 3^^ respondent torefer thepetitioners’ applications submitted under Section 18[of the][ Land]Acquisition Act, 1894, to the competent civil Court and pass suchother order or orders.... ’’

2. The case of the petitioners herein in brief is that the petitioners hereinare the absolute owners and possessors of the agricultural[lands][ situated]inRekalakuntaVillage(SidhoutTaluka), GopavaramMandal, YSR KadapaDistrict and their lands got identified as submerged[lands][ under][ the][ Somasila]reservoir Project. By confirming the same, the respondent authorities acquiredthe lands of the petitioners by invoking urgency clause under Section 17(1) ofthe LandAcquisition Act, 1894 by dispensing with Section 5(A) enquiry underprovisions of the Act,1894.Later, an award dated06.02.1984 was alsopassed in favour of the petitioners herein.are the absolute owners and possessors of the agricultural[lands][ situated]inRekalakuntaVillage(SidhoutTaluka), GopavaramMandal, YSR KadapaDistrict and their lands got identified as submerged[lands][ under][ the][ Somasila]reservoir Project. By confirming the same, the respondent authorities acquiredthe lands of the petitioners by invoking urgency clause under Section 17(1) ofthe LandAcquisition Act, 1894 by dispensing with Section 5(A) enquiry underprovisions of the Act,1894.Later, an award dated06.02.1984 was alsopassed in favour of the petitioners herein.

3. The further case of the petitioners is that while passing[of][ the][ award,][ the]respondents awarded meagre compensation and the petitioners[herein][ have]received the said compensation under protest. Later[the][ petitioners][ herein]submitted their applications under Section 18 of the[Act][ within][ the][ stipulated]time requesting the respondent No.3 herein to refertheir claimstothecivil Court for enhancement of the compensation. Evenaftercompetentreceipt of the said applications, respondent No.3 neither[acted]uponnorreferredthe matter to the competent civil court. Aggrieved[by][ the][ said action]the petitioners herein filed the present writ petition,

3.

3. Heardlearned counsel for the petitioners and learned GovernmentPleader for Revenue for the respondents.

4. Learnedcounsel for the petitioners while reiterating the contentsof thethe orders dated 18.04.2019writ affidavit wherein reliance was placed onCoordinate Bench of this Court in W.P.No.6358 of 2017[and]passed by aprayed to allow the writ petition in similar lines

5. LearnedGovernment Pleader for the respondents reported no[objection]for submission made by the learned counsel for the[petitioners.]

6. In the decision relied upon by the learned counsel[for][ the][ petitioners][ a]coordinate Bench of this Court held as follows;

Conclusion

The specific plea of the petitioners is that they havenotof the same, the respondentssigned in any consent forms. In viewmatter to the civil Court under Section 18 ofare directed to refer thethe Act and the civil Court Is directed to decide the[issue][ as]to whether have signed consent forms along with reference[under]Section 18 of the Act. ”

7. The facts of the case on hand are akin to the facts[of][ the][ decision]

referred to supra relied upon by the learned counselfor thepetitioners.Therefore, in terms of the said order and for the reasons[stated][ alike,][ this writ]petition can be disposed of in similar lines.

8. Accordingly, the writ petition is disposed of, directing[the][ respondents][ to]refer the matter to the civil Court under Section 18[of][ the][ Act][ and][ the][ civil]Court is directed to decide the issue as to whether[the][ petitioners][ have][ signed]the consent forms along with reference under Section[18][ of][ the][ Act][ without]reference to the delay in referring the matter for[further][ adjudication][ and]enhancement of compensation. There shall be no order[as][ to][ costs.]refer the matter to the civil Court under Section 18[of][ the][ Act][ and][ the][ civil]Court is directed to decide the issue as to whether[the][ petitioners][ have][ signed]the consent forms along with reference under Section[18][ of][ the][ Act][ without]reference to the delay in referring the matter for[further][ adjudication][ and]enhancement of compensation. There shall be no order[as][ to][ costs.]

Consequently, MiscellaneousPetitions,if any, pendinginthewritpetition shall stand closed.

VENKATESWARLU NIMMAGADDA, J

20.06.2025BSP