Pentapati Lakshmana Swamy Vs The State of Andhra Pradesh

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

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pleased 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 respondents in considering the request of the petitioners made through the legal notice dated 01-06-2018 in spite of their observation about the existence of the agricultural open well, three agricultural bores and a stone revetment measuring 60 meters length with 1½ meters height and water storage tank, which was constructed with mud for the purpose of storing water and also one small house constructed with zinc sheet, which are all worth about Rs.35 lakhs, in the land in survey No.19/2A of Ponnutipalem village, Madanapalle Mandal, Chittoor District, as illegal and against to the Fundamental Right guaranteed under Article 300-A of Constitution of India and consequently direct the respondents to pass fresh award by reassessing the award No.16 of 2016 dated 08-01-2016 after taking into account agricultural open well, three agricultural bores and a stone revetment measuring 60 meters length with 1½ meters height and water storage tank, which was constructed with mud for the purpose of storing water and also one small house constructed with zinc sheet, which are all worth about Rs.35 lakhs.

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IA NO: 1 OF 2018

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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 3^rd respondent to direct the respondents 2 to 4 to reassess the award No.16 of 2016 in respect of the petitioners land in survey No.19/2A situated in Ponnutipalem village, Madanapalle Mandal, Chittoor District by considering the cost of agricultural open well, three agricultural bores and a stone revetment measuring 60 meters length with 1½ meters height and water storage tank, which was constructed with mud for the purpose of storing water and also one small house constructed with zinc sheet, which are all worth about Rs.35 lakhs, pending disposal of the above writ petition.

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Counsel for the Petitioner(S):

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1.MD SALEEM

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Counsel for the Respondent(S):

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1.GP FOR LAND ACQUISITION (AP)

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2.GP FOR ROADS BUILDINGS (AP)

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The Court made the following

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ORDER:

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Heard learned counsel for the petitioners and learned Assistant Government Pleader appearing for the respondents.

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2. Learned counsel for the petitioners submits that there is no indication in the Consent Award, dated 08.01.2016, about the structures and, therefore, the petitioners made an application under the Right to Information (RTI) Act, 2005 and came to know that the respondents have paid compensation only to the open lands in Survey No.19/2A. Thereafter, the RTI officials in the month of August, 2017 stated that the compensation was paid only for the agricultural open well, three agricultural bores and one small house constructed with zinc sheet but not paid for stone revetment measuring 60 meters length with 1½ meters height and the water storage tank constructed with mud.

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3. Learned counsel for the petitioners further submits that having given consent for acquisition with an impression that the respondents would consider all the immovable properties and fix compensation to the lands and improvements, the respondents, without fixing compensation to stone revetment and the water storage tank, which are embedded in the lands, have only considered open lands and paid compensation. The petitioners further submits that the said value of immovable properties is more than Rs.35,00,000/-, and since the respondents were evading the payment, the petitioners got issued a legal notice, dated 01.06.2018, to the respondents and since no action was taken on the same, the present Writ Petition is filed.

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4. Learned Assistant Government Pleader, in reply, contends that the petitioners have not made any representation to the respondent authorities ventilating their grievance and, therefore, submits that, if any such representation is made, the respondent authorities will consider and pass appropriate orders thereon, in accordance with law.

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5. In view of the rival submissions, without going into the merits of the case, this Court finds it appropriate to direct the petitioners to make a fresh representation to the respondents, within two (2) weeks from the date of receipt of a copy of this order. Upon receiving such representation along with the relevant documents, the respondents shall consider and pass appropriate orders, by taking into consideration the legal notice, dated 01.06.2018, in accordance with law, after giving a reasonable opportunity of hearing to the petitioners. Needless to specify that this entire exercise shall be completed within six (6) weeks from the date of receipt of representation from the petitioners.

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6. With the above directions, the Writ Petition stands disposed of. No order as to costs.

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As a sequel, miscellaneous applications pending, if any, shall stand closed.

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__________________________ JUSTICE SUMATHI JAGADAM

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Date: 09.04.2026 rsd

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