Bethala Balaswamy Vs the State of Ap

THE REVENUE DIVISIONAL OFFICER/ LAND ACQUISITION OFFICER, ELURU DIVISION, ELURU DISTRICT. CAUSE TITLE IS AMENDED AS PER THE COURT'S ORDER DT.29.07.2025 IN I.A.NO.01 OF 2025.

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THE TAHSILDAR, ELURU MANDAL, ELURU 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 to issue Writ Direction or Order more particularly one in nature of Writ of Mandamus under Article 226 of Constitution of India declaring action of the Respondents either releasing the amount to the Petitioner herein or to refer the case to the authority U/s.64 of Act, 30 of 2013 in respect of jirayat wet land to an extent of Ac.0-30 cents in R,S.No.l60/12 situated at Panagolu Village, Eluru Mandal, Eluru District, (erstwhile West Godavari District) to decide the compensation in favour of the Petitioner as illegal arbitrary and against the provisions of Ac, 30 of 2013 and in violation principles of law natural justice and against all settled principles of law and consequently direct the

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Respondents to release the amounts or to refer the matter U/s.64 of Act, 30 of 2013.

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Counsel for the Petitioner:

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1.KALLA TULASI DURGAMBA

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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:

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ORDER:

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The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

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“… to issue Writ Direction or Order more particularly one in nature of Writ of Mandamus under Article 226 of Constitution of India declaring action of the Respondents either releasing the amount to the Petitioner herein or to refer the case to the authority U/s.64 of Act 30 of 2013 in respect of jirayat wet land to an extent of Ac.0-30 cents in R,S.No.l60/12 situated at Panagolu Village, Eluru Mandal, Eluru District, (erstwhile West Godavari District) to decide the compensation in favour of the Petitioner as illegal arbitrary and against the provisions of Act 30 of 2013 and in violation principles of law natural justice and against all settled principles of law and consequently direct the Respondents to release the amounts or to refer the matter U/s.64 of Act 30 of 2013 and pass such other orders…”

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Precisely, the case of the petitioner herein is that the petitioner filed suit O.S.No.1286 of 2006 on the file of the Principal Junior Civil Judge, Eluru, for specific performance and agreement of sale and the same was decreed and the Court has executed the sale deed vide sale vide document No.4748/2015 dated 30.04.2014 in favour of the petitioner herein by the Executing Court i.e., I Additional Junior Civil Court, Eluru. In pursuant to the execution of sale deed, the petitioner has become the owner and possessor of the said property in R.S.Nos.160/12 and 160/13 to an extent of Ac.0.78 cents and the said land was acquired by the Government for allotment of house sites to the eligible beneficiaries and an award was passed pursuant to the acquisition, but however, the petitioner was not paid any amount towards the land acquired by the Government. Hence, the present Writ

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Petition is filed seeking a direction to the respondents either to pay compensation amount or to refer the matter under Section 64 of the Act 30 of 2013, i.e., the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

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The 3^rd respondent has filed counter. At paragraph No.7 of the said counter, it is stated that the compensation amount in the subject matter of writ petitioner could not be disbursed to the land losers due to the civil dispute and two judgments received one from Eluru Court, i.e., the Principal Civil Judge, Eluru, has passed decree in O.S.No.1286 of 2006 on 30.01.2012 and issued registered sale deed No.4748/2015 in favour of the petitioner – Sri Bethala Balaswamy, and received another judgment and decree in O.S.No.455 of 2019 on the file of Junior Civil Judge Court filed by Sri Palipe Marayya, and in such an occasion, the land compensation amount has to be deposited before the Competent Authority, Vijayawada, and the original cheque bearing No.143587 dated 02.09.2025 for Rs.11,27,958/- enclosed to the reference and the said cheque was returned by the Registrar, Office of the Competent Authority, Land Acquisition Rehabilitation and Resettlement Authority, Vijayawada post is kept vacant and no in-charge arrangement also made, the reference may be represented before the authority after the Presiding Officer of the authority assumes charge after joining of Presiding Officer, Competent Authority, Vijayawada, duly following procedure under RFCTLARR Act, 2013.

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The respondents have agreed to refer the matter to the authority, for which the petitioner’s claim is to refer the matter to the authority.

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Hence, the present Writ Petition is disposed of, directing the respondents herein to present the cheque before the competent authority, as and when the Presiding Officer assumes charge. There shall be no order as to costs.

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

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__________________________________ JUSTICE TARLADA RAJASEKHAR RAO

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Date: 13.10.2025 siva

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THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

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WRIT PETITION No.9698 of 2024