Chavva Kandigopula Venkata Chalama Reddy v. The State of Andhra Pradesh

2. The Special Deputy Collector, Galeru Nagari Sujaia Sravanthi, Kadapa. Sri P.Prabhakar Reddy, S/o. Narapa Reddy, Major, r/o. Himakuntia 3. village, Simhadripuram Mandal, Kadapa 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 an appropriate writ, order or direction more in the nature of Mandamus, declaring the action of the 2nd respondent in trying to disburse the compensation in favour of the SKI respondent herein for the lands acquired situated in sy.Nos. 443/9 and 443/10 to an extent of Ac.

0.96 cents and 0.46 cents o situated In Ankalamma Gudur village. / ■4. Simhadripuram Mandal, Kadapa District without considering the absolute rights ownership petitioner considering representation/objections submitted

28.12.2015 illegal, arbitrary and is in violation of Articles 14 and 21 of the Constitution of India , and consequently direct the respondent to consider and dispose of the representation/objections submitted on 28.12.2015, and pass such other order or orders as are deemed fit and proper. I.A. NO: 1 OF 2016(WPMP. NO: 3378 OF 2016) 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 respondent not to disburse the compensation in favour of the 3rd respondent with respect to the lands acquired situated in sy.Nos. 443/9 and 443/10 to an extent of Ac. 0.96 cents and 0.46 cents situated in Ankalamma Gudur village, Simhadripuram Mandal, Kadapa District pending the disposal of the above WP, and pass such other order or orders as are deemed fit and proper. Counsel for the PetitionenSRI V NITIESH Counsel for the Respondents No.1,2: GP FOR LAND ACQUISITION Counsel for the Respondent No.3: — The Court made the following: ORDER ■» 1 APHC010443692016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3209] (Special Original Jurisdiction) TUESDAY ,THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No: 2695 of 2016 Between: Chavva Kandigopula Venkata Chalama Reddy ...PETITIONER AND The State of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: I.Mr.V.NITESH Counsel for the Respondent(S):

1.GP FOR LAND ACQUISITION (AP) 4, 2 The Court made the following Order: Heard learned counsel for the petitioner. Also heard learned Assistant Government Pleader representing the respondents 1 and 2.

2. The present writ petition is filed seeking a writ of Mandamus declaring the action of the 2'^'^ respondent in trying to disburse the compensation in respect of land of an extent of an extent of Ac.0.96 cents and Ac.0.46 cents in Survey Nos.443/9 and 443/10 situated in Ankalamma Gudur Village in favour of the 3^*^ respondent without considering the representation / objections dated

28.12.2015 as illegal, arbitrary etc., and for consequential directions.

3. The learned counsel for the petitioner made submissions with reference to the averments made in the affidavit filed in support of the writ petition, inter alia to the effect that the petitioner is the absolute owner and possessor of the above said extents of lands which were purchased through Registered Sale Deed dated 15.01.1987 and the same were in enjoyment of the petitioner. He submits that when a proposal to construct the tank in the village and a Notification for acquisition of land was issued, it was noticed that a mistake was crept in with regard to ownership of the lands and the name of the 3 respondent was published in the newspapers, as if he is the owner of the lands mentioned above. He submits that in that context, the petitioner made a representation dated 28.12.2015 to the 2"'^ respondent and as there was no response, the petitioner approached the authorities on several occasions. Despite the same, no action was taken by the official respondents and on the other hand, as it was learnt that the compensation in respect of the subject 3 mattsr lands is sought to be disbursed to the 3'^'^ respondent, the petitioner was constrained to file the present writ petition.

4. On the other hand, the learned Assistant Government Pleader made submissions with reference to the averments made in the additional counter affidavit filed by respondent No.2. He submits that as stated in Para Nos.3 and 4 of the said additional counter-affidavit, the petitioner informed to the Land Acquisition Officer that the matter in respect of the subject matter land was settled before the elders of village and compensation for the above referred lands may be to Mr.Poreddy Prabhakar Reddy the 3 respondent herein. He also submits that the wife and two sons of the petitioner i.e., Smt.Lakshmi Narayanamma, Mr.Chavva Kandigopula Venkatarami Reddy and Mr.Chavva Kandigopula Parameswara Reddy have given a written statement agreeing for payment of compensation amount to the 3'^^ respondent. He has also drawn the attention of this Court to the said statement filed along with the additional counter-affidavit. He submits that i the light of the material on record, no relief as prayed for, may be granted.

5. In reply, the learned counsel for the petitioner states that despite addressing a Registered Letter to the petitioner, there is no response. Be that as it may.

6. Considering submissions learped Assistant Government Pleader and the material filed along with the additional counter- 4 affidavit, it appears that the matter is settled,between the parties and as such no further adjudication is required.

7. Therefore, the writ petition is closed. There shall be no order as to costs. As a sequel, all pending applications shall stand closed. //true copy// Sd/-B PRASADA RAO ASSISTANT REGISTRAR SECTION OFFICER To, 1 nr,P CC to SRI V. NITESH, Advocate [OPUC]

2. TWO CCS to GP FOR LAND ACQUISITION, High Court of Andhra Pradesh. [OUT]

3. Three C.D.Copies HIGH COURT DATED:05/11/2024 ORDER WP.No.2695 of 2016 s 12 MAY 2025 Cuitmi iiMuon . CLOSING THE WP WITHOUT COSTS