Allowed

Nandyala Subbamma, Ysr Dist v. Prl Secy, Roads and Buildings, Hyd and 3 Ot

Andhra Pradesh HC18 Nov 2022WP/19805/2015

Case brief

AI extract

What is this about?

This single-judge High Court order directs the Respondents to release Rs.1,26,000/- land acquisition compensation awarded to the petitioner's deceased mother. The Court disposed of the writ petition by directing payment within four weeks without delving into the merits of the ownership dispute raised by the counter.

What did the court decide?

Direction to pay compensation amount of Rs.1,26,000/- to the petitioner within four weeks.

Nandyala Subbamma, Ysr Dist Vs Prl Secy, Roads and… — Land Acquisition | Andhra Pradesh HC (2022)

¶1

HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.19805 of 2015

¶2

ORDER:

¶3

This writ petition is filed under Article 226 of the

¶4

Constitution of India seeking the following relief:-

¶5

“….to issue Writ Order or Direction declaring the inaction on the part of the respondents in payment of compensation for the land in an extent of Ac.0.20 cents in Survey No.267/1 0 of Pulluru Village fields, Khajipet Mandal, Y S R District as illegal, abdication of statutory duty cast on them and voilative of the fundamental and Constitutional rights guaranteed to the petitioner under Articles 14, 19, 21 and 300A of the Constitution of India and consequently direct the respondents No. 2 to 4 to pay the compensation amount of Rs.1,26,000/- to the petition in respect of the land in an extent of Ac.0.20 cents in Survey No.267/1 of Pulluru Village fields, Khajipet Mandal Y S R District….”

¶6

The brief facts of the case of the petitioner is that, the mother of the petitioner purchased the subject land by way of registered sale deed on 30.07.1975 and since then, the mother of the petitioner was in possession and enjoyment of the same. Evidencing the same, the revenue-authorities also issued Pattadhar passbooks and title deeds in favour of the mother of the petitioner. Later the subject land was acquired for formation of four line National High Way No. 18 by way of Award No.100/2013-2014, dated 13.07.2013 by the respondent No.2 by awarding compensation of Rs.1,26,000/- in favour of the

¶7

¶8

mother of the petitioner and also ordered to kept the awarded compensation in favour of the Competent Authorit(LA), Joint Collector, Kadapa, i.e., respondent No.2, as during the pendency of Award proceedings the mother of the petitioner died on 18.03.2013. Later though the Deputy Surveyor and Mandal Revenue Inspector of Khajipet Mandal, YSR District have submitted a report dated 18-01-2014 stating that being the legal heir, the petitioner inherited the subject land from her mother, the respondent-authorities failed to pay the compensation to the petitioner. Hence, the present Writ Petition.

¶9

The 2^nd respondent filed counter raising many contentions and contended that the name of mother of petitioner was entered in Adangal with S.No.267/1-O for an extent of Ac.0.20 cents but the entries in the Adangal are only by virtue of enjoyment of land, but not actually having right over the land. However, the subject land was acquired vide Award No.100/2013-2014 dated 13.07.2013 by the 2^nd respondent. But, as nobody has claimed for payment of compensation, the compensation amount is kept in the Account of competent authority i.e., 2^nd respondent. Further submitted that a legal notice was issued by the petitioner on 24.12.2014 calling upon the respondents to pay the compensation amount

¶10

¶11

awarded, but the compensation amount was not paid to the petitioner, due to non-production of the documents and link documents conferring the right over the above land and prays to dismiss this Writ Petition.

¶12

Heard Sri.V.R.Reddy Kovvuri, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue.

¶13

On perusal of the entire material papers on record and also the counter filed by the 2^nd respondent, it seems that the land of the mother of the petitioner was acquired vide Award No. 100/2013-2014 dated 13.07.2013, for formation of Four Line National High Way No.18 by awarding compensation of Rs.1,26,000/- in favour of mother of the petitioner and the said amount was kept under the account of 2^nd respondent as during the pendency of award proceedings, the mother of the petitioner was died on 18.03.2013. But, even though after receipt of the report dated 18-01-2014, the respondent-authorities are not paying the compensation to the petitioner being the legal heir of her mother-Late Munagani Subbamma.

¶14

Hence, in view of the above, without going into the merits of the case, this Court feels it appropriate to dispose of the Writ Petition, by directing the 2^nd respondent to pay the

¶15

¶16

Compensation amount of Rs.1,26,000/- awarded in favour of the mother of the petitioner to the petitioner, within four(04) weeks from the date of receipt of this copy of Order, in accordance with law.

¶17

Accordingly, the Writ Petition is disposed of. There shall

¶18

be no order as to costs.

¶19

As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed.

¶20

_______________________ JUSTICE V.SUJATHA

¶21

Date : 18.11.2022 AVTP

¶22

¶23

184

¶24

HONOURABLE SMT. JUSTICE V.SUJATHA

¶25

WRIT PETITION No.19805 of 2015

¶26

Date : 18.11.2022

¶27

AVTP

Nandyala Subbamma, Ysr Dist v. Prl Secy, Roads and Buildings, Hyd and 3 Ot

Case brief

What is this about?

What did the court decide?

Nandyala Subbamma, Ysr Dist v. Prl Secy, Roads and Buildings, Hyd and 3 Ot

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dodda Seetamma, W/o. Dodda Ramalinga Reddy Vs The State of Andhra Pradesh

Venkatarajesh Kumar Vs The State of Andhra Pradesh

M/s Sri Udaya Bhanu Associates Vs The State of Andhra Pradesh, Rep. by its Principal

Danikela Uttamma Vs the State of Ap., Revenue Dept and 4 Others

Dr. C.s. Kumar S/o. Chinnayya, Vs The State of Andhra Pradesh, rep. by its Principal Secretary

Kandula Sailaja, Vs The State of Andhra Pradesh