Smt Pappugiri Munemma Vs State of Ap

SMT PAPPUGIRI MUNEMMA, W/O K.R.SUBRAHMANYAM, AGED 52 YEARS, R/O AT D.NO.4-24, PADIREDU HARIZANAWADA, PADIREDU POST. VADAMALAPET MANDAL, CHITTOOR DISTRICT

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SMT K.LAVANYA, D/O LATE K.R.SUBRAHMANYAM, AGED 28 YEARS. R/O AT D.NO.4-24, PADIREDU HARIZANAWADA, PADIREDU POST, VADAMALAPET MANDAL, CHITTOOR DISTRICT

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...PETITIONER(S)

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AND

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STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI

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THE DISTRICT COLLECTOR, CHITTOOR

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THE REVENUE DIVISIONAL OFFICER, CHITTOOR, CHITTOOR DISTRICT

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THE TAHSILDHAR, VADAMALAPET MANDAL, CHITTOOR DISTRICT

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SMT K SUBBAMMA KADIRIMANGALAM SUBBAMMA, D/O K.RAJAIAH W/O VENKATESWARLU, AGED 54 YEARS, KADIRIMANGALAM HARIZANAWADA, VADAMALAPET MANDAL, CHITTOOR DISTRICT

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KAKI RAMAIAH, S/O LATE RAJAIAH, AGED 43 YEARS, R/O AT D.NO.4-13, PADIREDU HARIZANAWADA VILLAGE, PADIREDU POST, VADAMALAPET MANDAI, CHITTOOR DISTRICT

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...RESPONDENT(S):

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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

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HBKM,J W.P.No.23556 of 2020

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topleased to issue a writ in the nature of a writ of mandamus or any other appropriate writ, direction, order or orders declaring the action of the respondent No. 2 to 4 herein in not payment of compensation to the petitioners as per their proportionate share along with respondents No.5 and 6 herein in respect of the agricultural dry lands in an extent of Ac.0-25 cents in Sy.No.69/9, an extent of Ac.132 cents in Sy.No.77/1, an extent of Ac.0-52 cents in Sy.No.77/7, an extent of Ac.088 cents in Sy.No.65/7 and an extent of Ac.0-96 cents in Sy.No.67/3 totaling an extent of Ac.3-93 cents situated at Padiredu Aranyam village accounts, Vadamalapet Mandal, Chittoor District which was acquired by the respondents authorities for the purpose of Industrial Park without apportionment of the compensation amount to the petitioners as they are also legal heirs to late Kaki Chengaiah and late Kaki Rajaiah without enquire into the matter on their notice dt.07-08- 2020 as wholly illegal, arbitrary and without jurisdiction and void and violated the principles of natural justice and affected the petitioners rights guaranteed under article 14, 19(1)(g) and 300(A) of the Constitution of India and consequently, direct the respondents 2 to 4 herein not to disburse the compensation amount to the unofficial respondents herein pending suit or without enquire into the matter regarding the apportionment of shares out of the total compensation amount for the subject lands and pass

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IA NO: 1 OF 2020

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents No. 2 to 4 herein not to pay the compensation amount to the unofficial respondents herein with reference to the lands in an total extent of Ac.3-93 cents (Ac.0-25 cents in Sy.No.69/9, Ac.1-32 cents in Sy.No.77/1, Ac.0-52 cents in Sy.No.77/7, Ac.0-88 cents in Sy.No. 65/7 and an extent of Ac.0-96 cents in Sy.No.67/3) situated at Padiredu Aranyam village accounts, Vadamalapet Mandal, Chittoor District which was taken by the government for the purpose of Industrial Park till the completion of enquiry or civil suit enquire into the matter regarding apportionment of the compensation to the petitioners and unofficial respondents herein pending disposal of the writ petition and pass

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Counsel for the Petitioner(S):

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1.V ESWARAIAH CHOWDARY

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Counsel for the Respondent(S):

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1.GP FOR REVENUE (AP)

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2.M/S INDUS LAW FIRM

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The Court made the following:

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HBKM,J W.P.No.23556 of 2020

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THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

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WRIT PETITION NO. 23556 of 2020

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ORDER:

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Heard the learned counsel for the petitioners, the learned Assistant Government Pleader for the respondent Nos.1 to 4 and the learned counsel appearing for the respondent Nos.5 and 6.

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This writ petition was filed questioning the action of the respondent Nos.2 to 4 in not paying the compensation in proportionate to their share along with respondent Nos.5 and 6 in respect of agricultural dry lands in an extent of Ac.0.25 cents in Sy.No.69/9, Ac.1.32 cents in Sy.No.77/1, Ac.0.52 cents in Sy.No.77/7, Ac.0.88 cents in Sy.No.65/7 and Ac.0.96 cents in Sy.No.67/3 in total Ac.3.93 cents situated at Padiredu Aranyam village accounts, Vadamalapet Mandal, Chittoor District on acquisition by the respondent authorities for the purpose of Industrial Park without apportionment of the compensation amount to the petitioners as they are also legal heirs of late Kaki Chengaiah and late Kaki Rajaiah and without enquiring into the matter on their notice dated 07.08.2020.

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Both the counsels appearing for the petitioners as well as the un-official respondents submit that with respect to the subject lands, suit is pending in O.S.No.81 of 2020 on the file of Junior Civil Judge, Puttur and subject to outcome of the same, the compensation to their share may be disbursed by the official respondents herein.

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HBKM,J W.P.No.23556 of 2020

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On the other hand, the learned Assistant Government Pleader also submits that it is always open for the petitioners and the un-official respondents to approach the authorities concerned for disbursal of the compensation amount subject to the outcome of the suit proceedings.

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In view of the above said facts and circumstances, it is open for the petitioners to approach the authorities concerned for disbursal of the compensation amount in respect of the subject lands soon after disposal of the suit and the rights of the parties are determined by the competent courts concerned. On such submission of the representation, if any, enclosing the judgment and decree of the above said suit and other valid documents, if any, the respondent authorities can consider the same by giving due opportunity to all the parties concerned including the petitioners and the un-official respondents and upon verification of the records and the subject lands, appropriate decision shall be taken with regard to the determination of the share of the compensation amount amongst the parties concerned and payment of the same in accordance with law shall be made with apportionment if any.

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Accordingly, this Writ Petition is disposed of. Both the petitioners as well as the un-official respondents shall approach the respondent authorities concerned after outcome of the disposal of the suit. Till the rights of the parties are decided, finally, the said compensation amount shall be kept in deposit to

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HBKM,J W.P.No.23556 of 2020

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accrue the interest. Interim order, if any, deemed to have been vacated.

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There shall be no order as to costs.

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As a sequel, Interlocutory Applications pending, if any, shall stand closed.

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__________________________ JUSTICE B. KRISHNA MOHAN