Dismissed

Katamgari Venkateswarlu, Spsr Nellore Dist and 29 Others v. Dist Collector, Spsr Nellore and 7 Others

Andhra Pradesh HC1 Apr 2024WP/18887/2013

Case brief

AI extract

What is this about?

Fishermen displaced by the Krishnapatnam Port project sought mandamus to implement the Resettlement & Rehabilitation package under G.O.M.S. No. 68 and a consequential direction on a memorandum of understanding. Pending hearing, counsel stated the claim had been redressed; the writ petition was dismissed as infructuous.

What the court decided

AI extract

Katamgari Venkateswarlu, Spsr Nellore Dist and 29… — Land Acquisition | Andhra Pradesh HC (2024)

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

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TUESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 18887 OF 2013

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Between;-

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1.	Katamgari Venkateswarlu S/o. Polaiah, Aged about 40 years, Occ: Fisherman,
2.	Katamgari Venkaiah, S/o. Chenchaiah, Aged about 46 years, Occ: Fisherman,
3.	Vayala Nagaraju, S/o. Polaiah, Aged about 38 years, Occ: Fisherman,
4.	P. Prardhana Rao, S/o. Chinnaiah, Aged about 42 years, Occ: Fisherman
5.	Katamgari Tirupathi Rao, S/o. Subbarao, Aged about 48 years, Occ: Fisherman,
6.	Vayala Nagaraju, S/o. Polaiah, Aged about 52 years, Occ: Fisherman,
7.	Aavula Tyagaraju, S/o. Rama Rao, Aged about 44 years, Occ: Fisherman,
8.	K. Govindu, S/o. Venkateshwarlu, Aged about 32 years, Occ: Fisherman,
9.	Kondu Yanadi, S/o. Polaiah, Aged about 29 years, Occ: Fisherman,
10.	K. Venkateshwarlu, S/o. Polaiah, Aged about 44 years, Occ: Fisherman,
11.	P. Setty, S/o. Bhaskar, Aged about 40 years, Occ: Fisherman,
12.	K. Polaiah, S/o. Venkateshwarlu, Aged about 59 years, Occ: Fisherman,
13.	P. Mallikarjun, S/o. Setty, Aged about 35 years, Occ: Fisherman,
14.	Ch. Raj Gopal, S/o. Narasimham, Aged about 44 years, Occ: Fisherman,	Contd:2

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K Seenaiah, S/o. Polaiah, Aged about 36 years, Occ: Fisherman, 15.
p Venkateshwarlu, S/o. Ankaiah, Aged about 52 years, Occ; Fisherman, 16.
17 V Ramanaiah, S/o. Chinni Govindu, Aged about 45 years, Occ; Fisherman,
K Babu, S/o. Yadagiri, Aged about 26 years, Occ; Fisherman, 18.
K Babu, S/o. PeddaYadagiri, Aged about 27 years, Occ; Fisherman, 19.
M Babu, S/o. Parvataiah, Aged about 28 years, Occ; Fisherman, 20.
K Lakshmamma, W/o. Polaiah, Aged about 32 years, Occ; Fisherman, 21.
K Tirupatamma, W/o. Venkateshwarlu, Agedabout 45 years, Occ; Fisherman, 22.
K Tirupatamma, W/o. Venkaiah, Aged about 48 years, Occ; Fisherman, 23.
Ch Lakshmirajan, W/o. Raju Gopal, Aged about 46 years, occ; Fisherman, 24.
A. Ramulamma, W/o. Kasumuri, Aged about 38 years, Occ; Fisherman, 25.
K. Kondamma, W/o. Tirupalu, Aged about 29 years, Occ; Fisherman, 26.
K. Mangamma, W/o. Govindaiah, Aged about 52 years, OCC; Fisherman, 27.
V. Lakshmamma, W/o. Somaiah, Aged about 43 years, Occ: Fisherman, 28.
, W/o. Venkateshwarlu, K. Bangaramma Aged about 41 years, Occ; Fisherman, 29.
K Govindamma, W/o. Subbarao, Aged about 56 years, Occ; Fisherman, , 1 (All areResidents ofTadiehetlapalem village,Bogolu Mandal, SPSR Nellore District). 30. ... Petitioners Contd:3

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	AND
1.	The District Collector, SPSRNellore.
2.	The Joint Collector, Administrator for Rehabilitation and Resettlement, Krishnapatnam Port, SPSRNellore.
3.	The Special Secretary, The Government ofA.P., Ministry ofInfrastructure and Commerce (Ports), Hyderabad.
4.	The Government ofA.P. Rep. by its Principal Secretary, Transport, Roads and Buildings Department, Secretariat, Hyderabad.
5.	The Revenue Divisional Officer, SPSRNellore.
6.	The Tahsildar, Muthukoor Mandal, SPSRNellore.
7.	The Chairman and Managing Director, Krishnapatnam Port Company Ltd, Nellore District.
8.	Chief Executive Officer Krishnapatnam port, Nellore. ... Respondents.

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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 order or orders more particularly one in the nature of writ of mandamus declaring the inaction of the Respondent No.1 to 4 herein in failing to implement the Resettlement & Rehabilitation package for the displaced petitioners herein (who are displaced by Krishna Patnam Port) cover under G.O.M.S.No.68, l&CAD Dt:08-04-2005 as per the proceedings RCG5/1450/2008 Dt: 16-10-2008 as illegal, arbitrary, discriminatory and violative of Article 21 of Constitution of India and also consequentially it is also prayed that this Hon'ble court may be pleased to direct the respondents herein to implement the MOD between the displaced petitioners herein and Respondent No.6, 7 & 8.

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LA. NO: 1 OF 2013(WPIV1P. NO: 23093 OF 2013)

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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 Respondent No.2 herein to pay the compensation under Resettlement & Rehabilitation package under G.O.M.S.No.68, I & CAD Dt. 08-04-2005 to the displaced petitioners herein m pursuance to the proceedings RCG5/1450/2008 Dt; 16-10-2008.

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Counsel for the Petitioner: Ms. LATHA SANTHOSHINI FOR SRI V. RAGHUNATH Counsel for the Respondent Nos.1, 2, 5 & 6 : GP FOR REVENUE Counsel for the Respondent No.3 : GP FOR INDUSTRIES & COMMERCE Counsel for the Respondent No.4 : GP FOR ROADS & BUILDINGS Counsel for the Respondent Nos.7 to 8 : The Court made the following: ORDER

[3329]

t\ i

APHC010441122013

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

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TUESDAY. THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 18887/2013

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Between:

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Katamgari Venkateswarlu, Spsr Nellore Dist & 29 Others ...PETITIONER(S) and Others

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AND

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Dist Collector Spsr Nellore 7 Others and Others ...RESPONDENT(S)

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Counsel for the Petitioner(S):

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1.VRAGHUNATH

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Counsel for the Respondent(S):

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1.2002/GP FOR INDUSTRIES & COMMERCE 2.GP FOR REVENUE 3.1997/GP FOR ROADS & BUILDINGS 4.GP FOR LAND ACQUISITION

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The Court made the following:

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Heard learned counsel for the petitioner(s) and learned^{counselforthe} respondents.

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When the matter is taken up for hearing, Ms. Latha^{Santhoshini,learned} counsel for the petitioner(s) submits that pending^{writpetition,theclaimofthe}

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petitioner(s) has been redressed by the respondents. Hence, the cause in the*^ present writ petition does not survive for further adjudication and the Writ Petition becomes infructuous.

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Recording the said submission, the writ petition is dismissed as infructuous. There shall be no order as to costs.

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As a sequel, miscellaneous petitions, if any, pending^{shallstandclosed.}

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SDI- G HELA NAIDU ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

One CC to Sri V. Raghunath, Advocate [OPUC]

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Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT]

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Two CCs to GP for Industries & Commerce, High Court^ofAndhra Pradesh [OUT]

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Two CCs to GP for Roads & Buildings, High Court of Andhra Pradesh

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[OUT]

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Three C.D. Copies

Cnr

■'JT

ier

HIGH COURT

DATED:02/04/2024

ORDER

WP.No.18887 of 2013

m
i 2 9 OCT 2C2;
Current Section ^ ■^/

¶55

DISMISSING THE W.P. AS INFRUCTUOUS WITHOUT COSTS

Katamgari Venkateswarlu, Spsr Nellore Dist and 29 Others v. Dist Collector, Spsr Nellore and 7 Others

Case brief

What is this about?

What the court decided

Katamgari Venkateswarlu, Spsr Nellore Dist and 29 Others v. Dist Collector, Spsr Nellore and 7 Others

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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