Disposed

Kotharu Pandu Ranga Rao v. the State of Ap

Andhra Pradesh HC19 Mar 2025WP/5292/2025

Case brief

AI extract

What is this about?

In a writ petition under Article 226 concerning delays in payment of the Resettlement and Rehabilitation (R&R) package under the Land Acquisition Act 2013, the Court directed respondents to complete the enquiry and pass appropriate orders within four months.

What did the court decide?

Directing Respondent Nos. 3 and 4 to complete the enquiry and pass appropriate orders within four months.

Kotharu Pandu Ranga Rao Vs the State of Ap — Land Acquisition | Andhra Pradesh HC (2025)

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

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THURSDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 5292 OF 2025

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Between:

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Kotharu Pandu Ranga Rao, S/o K. Appa Rao, Occ Advocate Aged 65 years, R/o 2-71/2, Kukunoor, West Godavari District

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Kotharu Pratyusha, D/o. K. Pandu Ranga Rao, Aged 36 years, Occ House hold, R/o 2-71/2, Kukunoor, West Godavari District

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Kotharu Priyanka, D/o. K. Pandu Ranga Rao, Aged 34 years, Occ House hold, R/o 2-71/2, Kukunoor, West Godavari District

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Kotharu Prashanth Koundinya, S/o. K. Pandu Ranga Rao, Aged 31 years, Occ Agriculture, R/o 2-71/2, Kukunoor, West Godavari District.

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Kotharu Sharat Kumar, S/o. K Ramam, Aged 46 years,^OccHouse hold, R/o 2-71/2, Kukunoor, West Godavari District

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...Petitioners

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AND

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The State of Andhra Pradesh, Rep by Principal Secretary (Revenue) Department, Secretariat, Velagapudi, Amaravati, Guntur District

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The Commissioner, R AND R, Water Resource Department, 0pp. Andhra Hospitals Gollapudi Vijayawada, NTR District

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The District Collector, East Godavari at Rajamahendravaram

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The Project Administrator and Ex-Officio Joint Collector Polavaram Irrigation Project, Rajamahendravaram, East Godavari District.

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The Project Officer cum R AND R officer I T.D.A, K R Puram, Eluru Eluru District

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...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 appropriate order or direction more particularly, one in the nature of Writ of Mandamus declaring the action of respondents

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more particularly 4*^ respondent in not taking any action for payment of R and R package amount in pursuant to the 2""' respondent proceedings vide

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: Rc.No.02/CRR/C2/2025, Dated.18.01.2025, in spite of recommendation --given by the 5th respondent for sanction of R and R Package Vide

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' ^ Proceeding ROC No. 130/2020(B), Dated. 09.09.2021. illegal, irrational, against to Principles of natural justice besides violation articles 14 and 21 of Constitution of India and consequentially direct the 4th respondent to release the amounts under R and R Package to the petitioners forthwith in the interest of justice.

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lA NO: 1 OF 2025

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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 4**^ respondent to initiate action for payment of R&R package amount in pursuant to the 2'^*^ respondent proceedings vide Rc. No. 02/CRR/C2/2025, Dated. 18.01.2025 expeditiously, pending disposal of the above writ petition in the interest of justice.

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Counsel for the Petitioner: SRI SHAIK JAHANGEER BASHA

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Counsel for the Respondents: GP FOR LAND ACQUISITION

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The Court made the following order:

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APHC010098822025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3329]

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(Special Original Jurisdiction)

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THURSDAY ,THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 5292/2025

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Between:

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Kotharu Pandu Ranga Rao and Others

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...PETITIONER{S)

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AND

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The State Of Ap and Others

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...RESPONDENT(S)

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Counsel for the Petitioner(S):

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1 .SHAIK JAHANGEER BASHA

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Counsel for the Respondent(S);

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1.GP FOR LAND ACQUISITION

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2.GPFORIRRI AND CAD

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THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA

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WRIT PETITION N0.5292 of 2025

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This Court made the following

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ORDER:

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This writ petition is filed under Article 226 of the^{ConstitutionofIndia}

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seeking the following relief;

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“..to issue a writ, order or direction more particularly^one in the nature of WRIT OF MANDAMUS declaring the action of respondents^{moreparticularly} respondent in not taking any action for payment of^{R&Rpackageamount} in pursuant to the T'^ respondent proceedings vide^{RC.No.02/CRR/C2/2025,} dated 18.01.2025, in spite of recommendation given^{bythe5’'"respondentfor} sanction of R&R Package Vide Proceedings ROC No. 130/2020(6), dated 09.09.2021, illegal, irrational, against to principles^{ofnaturaljusticebesides} violation of Articles 14 and 21 of the Constitution^{ofIndiaandconsequently} direct the 4*'^ respondent to release the amounts under^{R&Rpackagetothe} petitioners forthwith in the interest of justice and^pass...”

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Heard learned counsel for the Petitioners and learned Government Pleader for Revenue and perused the material placed^onrecord.

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Learned counsel for the Petitioners submits that even though the Petitioners were recognized / identified as dispossessors^{andtheyentitled} under R&R package as per the provisions of Right to^{FairCompensationand} Transparency in Land Acquisition, Rehabilitation and^{ResettlementAct,2013} (for short “the Act 30 of 2013”), for which the respondents^{issuedproceedings} dated 07.07.2022 admitting the entitlement of the Petitioners^{forgrantingR&R}

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package as per the provisions of the Act 30 of 2013, but the 4*" respondent is not taking any steps for payment of the same so far. Hence the writ petition.

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On the other hand, learned Government Pleader for Revenue furnished written instructions issued by the 4^^ respondent which^readsthus:

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“As the matter stood thus, in order to take further action in this case and comply with the court orders, the Project Administrator, Polavaram Irrigation Project, has decided to conduct a fresh hearing to arrive at an appropriate decision. As a result, a notice of hearing has been issued to the petitioners, scheduling the hearing on 22.03.2025 (Saturday) at^{11:00AMattheofficeof} the Project Administrator, PIP, Dowleswaram, vide this reference Ref.E/241/2023, dated 22.02.2025.

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Therefore, it is submitted that the plea of the writ petitioners is under inquiry. After the hearing on the aforementioned date, necessary^{actionwillbetaken} under the provisions of the RFCTILARR Act, 2013. Hence, I request that the facts discussed above be presented before the Hon’ble High Court of Andhra Pradesh, Amaravati, and that the case be defended in the interest of justice on behalf of the Government.”

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Learned Government Pleader for Revenue submits that the claim of the Petitioners is under active consideration and enquiry is going on and Petitioners were also called for hearing on 22.03.2025 and after completion of the enquiry, the payment under R&R Package will be paid to the Petitioners. 6. In view of the submissions made by both the counsel, and on perusal of the written instructions submitted by the learned^{GovernmentPleaderfor} Revenue, it is observed that the claim of the petitioners is under active consideration and petitioners were also issued notice for hearing, scheduled to be held on 22.03.2025. Since the petitioners’ right was already decided as they are eligible, the claim of the petitioners can be redressed by way of pass ng final orders.

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In view of the reasons stated as above, the Writ Petition is disposed of directing the Respondent Nos.3 and 4 to complete the enquiry and pass appropriate orders within a period of four (4) months from the date of receipt

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of a copy of this order. No costs.

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As a sequel, interlocutory applications if any pending, shall stand

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closed.

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//TRUE COPY//

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Sd/- M SURYANADH REDDY DEPUTY REGISTRAR SECfiferOFFICER

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To,

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The Principal Secretary, (Revenue) Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur^District.

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The Commissioner, R AND R, Water Resource Department, Opp Andhra Hospitals Gollapudi, Vijayawada, NTR District.

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The District Collector, East Godavari at Rajamahendravaram

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The Project Administrator and Ex-Officio Joint Collector Polavaram Irrigation Project, Rajamahendravaram, East Godavari District.

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The Project Officer cum R AND R officer I T.D.A, K R Puram, Eluru bluru District

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One CC to Sri Shaik Jahangeer Basha, Advocate [OPUC]

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Pradesh.

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[^o^CCs to GP for Land Acquisition, High Court of Andhra

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Two CD Copies RAM

HIGH COURT

DATED:20/03/2025

ORDER

WP.No.5292 of 2025

0 7 APR 2025 C9J
. Current Seetion

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DISPOSING OF THE WP WITHOUT COSTS

Kotharu Pandu Ranga Rao v. the State of Ap

Case brief

What is this about?

What did the court decide?

Kotharu Pandu Ranga Rao v. the State of Ap

Case brief

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What did the court decide?

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