Vempalli Venkata Ramana Rao @ Venkataramana Vs the State of Andhra Pradesh

“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^rd 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, irregular, irrational, violative of provisions of Land Acquisition Act, 1894 and offends Article 300-A of Constitution of India and consequently direct the 3^rd respondent to refer the petitioners’ applications submitted under Section 18 of the Land Acquisition Act, 1894, to the competent civil Court and pass such other order or orders….”

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The case of the petitioners herein in brief is that the petitioners herein are the absolute owners and possessors of the agricultural lands situated in Rekalakunta Village (Sidhout Taluka), Gopavaram Mandal, YSR Kadapa District and their lands got identified as submerged lands under the Somasila reservoir Project. By confirming the same, the respondent authorities acquired the lands of the petitioners by invoking urgency clause under Section 17(1) of the Land Acquisition Act,1894 by dispensing with Section 5(A) enquiry under provisions of the Act, 1894. Later, an award dated 06.02.1984 was also passed in favour of the petitioners herein.

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The further case of the petitioners is that while passing of the award, the

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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 refer their claims to the competent civil Court for enhancement of the compensation. Even after receipt of the said applications, respondent No.3 neither acted upon nor referred the matter to the competent civil court. Aggrieved by the said action, the petitioners herein filed the present writ petition.

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Heard learned counsel for the petitioners and learned Government Pleader for Revenue for the respondents.

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Learned counsel for the petitioners while reiterating the contents of the writ affidavit wherein reliance was placed on the orders dated 18.04.2019 passed by a Coordinate Bench of this Court in W.P.No.6358 of 2017 and prayed to allow the writ petition in similar lines.

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Learned Government Pleader for the respondents reported no objection for submission made by the learned counsel for the petitioners.

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In the decision relied upon by the learned counsel for the petitioners a coordinate Bench of this Court held as follows:

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“The specific plea of the petitioners is that they have not signed in any consent forms. In view of the same, the respondents are directed 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

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whether have signed consent forms along with reference under Section 18 of the Act.”

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The facts of the case on hand are akin to the facts of the decision referred to supra relied upon by the learned counsel for the petitioners. Therefore, in terms of the said order and for the reasons stated alike, this writ petition can be disposed of in similar lines.

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Accordingly, the writ petition is disposed of, directing the respondents to

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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.

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Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed.

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________________________________ VENKATESWARLU NIMMAGADDA, J

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20.06.2025 BSP

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203

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO:14578/2025