Ethodu Viswanadh Vs The State of Andhra Pradesh

Ethodu Viswanadh, S/o. Late Venkata Ramana, Aged 38 years, OccBusiness, R/o.Door No.1-274-4A, Kasturi Bai Street, Kadiri Village and Mandal, Ananthapur District.

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...Petitioner

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AND

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The State of Andhra Pradesh, , Rep. by it's Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District.

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The District Collector, Ananthapur District at Ananthapur. 3. The Revenue Divisional Officer, Kadiri Revenue Division, Kadiri, Ananthapur District

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The Tahsildar, Kadiri Mandal, Ananthapur 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 a writ, order or direction more particularly^{oneinthenatureof} WRIT OF MANDAMUS declaring the action of respondents in not paying petitioner's compensation being utilized by them connected to his land of Ac, 1.70 cents covered by Sy.No. 957 of Kadiri Revenue Village and Mandal in

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Ananthapur District for the purpose of distribution as house site pattas under the flagship program Navaratnalu Pedalandariki lllu Scheme being sponsored by the I respondent without initiating land acquisition proceedings and paying him compensation under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and^{ResettlementAct.2013,} as illegal, irregular, irrational and violative of provisions of Central Act 30 of 2013 and rules framed there under and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents to pay petitioner's compensation, rehabilitation and resettlement^{benefitsforhimsaid} land. lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the Fligh Court may be pleased to direct the respondents to pay petitioner's compensation payable for his land of Ac. 1.70 cents covered by Sy.No. 957 of Kadiri Revenue Village and Mandal in Ananthapur District, acquired for the purpose of^{distributionashouse} site pattas under the flagship program "Navaratnalu Pedalandariki lllu" Scheme being sponsored by the respondent, pending disposal of the Main Writ Petition.

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Counsel for the Petitioner: M/S LOTUS LAW FIRM

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Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE

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The Court made the following order:

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APHC010099472022

IN THE HIGH COURT OF ANDHRA PRADESH 050 AT AMARAVATI [3233] ill.*0 (Special Original Jurisdiction)

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WEDNESDAY,THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

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WRIT PETITION NO: 5999/2022

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Between:

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1.ETHODU VISWANADH, S/0. LATE VENKATA RAMANA, AGED³⁸ YEARS, OCC- BUSINESS, R/O.DOOR N0.1-274-4A, KASTURI^BAI STREET, KADIRI VILLAGE AND MANDAL, ANANTHAPUR DISTRICT.

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...PETITIONER

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AND

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1.THE STATE OF ANDHRA PRADESH, , REP. BY IT'S PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

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2.THE DISTRICT COLLECTOR, ANANTHAPUR DISTRICT AT ANANTHAPUR,

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3.THE REVENUE DIVISIONAL OFFICER, KADIRI REVENUE DIVISION, KADIRI, ANANTHAPUR DISTRICT

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4.THE TAHSILDAR, KADIRI MANDAL, ANANTHAPUR DISTRICT

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...RESPONDENT(S):

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Counsel for the Petitioner:

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1,M/S LOTUS LAW FIRM

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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The Court made the following:

Order:

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Heard the learned counsel for the petitioner and the^{learnedAssistant} Government Pleader for the respondents.

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This writ petition was filed questioning the action of the respondents ini. not paying the compensation for the land to an extent of Ac. 1.70 cents in Sy.No.957 of Kadiri Revenue Village and Mandal, Ananthapur^{District,forthe} purpose of distribution of house sites under the welfare scheme.

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The learned counsel for the petitioner submits that the petitioner made a representation dated 01.01.2022 to the respondent Nos.2 to 4, and the same has not been considered so far.

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On the other hand, the learned Assistant Government Pleader submits that, if not already disposed of, the representation of the petitioner would be considered by the respondent Nos.2 to 4 by following the due procedure.

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In view of the above said facts and circumstances, the respondent Nos.2 to 4 are directed to consider and dispose of the representation of the petitioner dated 01.01.2022, if not already disposed of by now, strictly in accordance with law. The petitioner is also permitted to give a fresh representation by enclosing all the necessary documents in support of his claim within a period of two (02) weeks from the date of receipt of copy of this order. On receipt of the same, respondent Nos.2 to 4 shall proceed with the necessary enquiry to dispose of the above said representation dated 01.01.2022, if any pending, and the fresh representation^ofthe petitioner.

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Strictly in accordance with law, by hearing ail the parties concerned including the petitioner, giving due opportunity, and upon verification of the records and the subject land, an appropriate decision shall be taken on its own merits as expeditiously as possible, preferably within a period of four (04) months thereafter.

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