Allowed

The Government of a.P., v. Yerragolla Pullaiah

Telangana HC9 Jun 2009WA/235/2002

Case brief

AI extract

What is this about?

The Division Bench allowed the appeal filed by state Irrigation Department authorities challenging a single judge's order directing them to pay exgratia for structures destroyed by fire. The apex court upheld the entitlement and directed authorities to process claims within six months.

What did the court decide?

Appeal allowed; authorities directed to ascertain eligibility under G.O.Ms.No.1307 and process exgratia claims within six months.

The Government of a.P., Vs Yerragolla Pullaiah — Land Acquisition | Telangana HC (2009)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE NINTH DAY OF JUNE TWO THOUSAND AND NINE

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PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI &

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THE HON'BLE SRI JUSTICE SANJAY KUMAR

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WRIT APPEAL NO : 235 of 2002

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(Writ Appeal under Clause 15 of the Letters Patent against the Order dated 19.10.2001 in WP NO : 21677 OF 2001 on the file of the High Court.)

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Between:

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1 The Government of A.P., rep by its Secretary, Irrigation & CAD Department Secretariat, Hyderabad.

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2 The Chief Engineer (Irrigation) Telugu Ganga Project, Srikalahasti, Chittoor District.

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3 The Special Collector, Telugu Ganga Project, Nellore District. 4 The Special Deputy Collector, Telugu Ganga Project, Nellore District 5 The District Collector Cuddapah District.

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..... APPELLANT(S)

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AND

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1 Yerragolla Pullaiah S/o Gopaiah R/o Raghavareddypeta, H/o Virur Village, Atloor Mandal, Cuddapah District.

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2 Gorre Gopal S/o Gopaiah R/o Raghavareddypeta, H/o Virur Village, Atloor Mandal, Cuddapah District.

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3 K Venkateshwarlu S/o Mallaiah R/o Raghavareddypeta, H/o Virur Village, Atloor Mandal, Cuddapah District.

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4 K Venkata Subbaiah S/o Mallaiah R/o Raghavareddypeta, H/o Virur Village, Atloor Mandal, Cuddapah District.

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5 Yerragolla Venkatamma S/o Gopaiah R/o Raghavareddypeta, H/o Virur Village, Atloor Mandal, Cuddapah District.

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6 Dondakayala Gopamma, S/o Subbaiah R/o Raghavareddypeta, H/o Virur Village, Atloor Mandal, Cuddapah District.

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7 Yerragolla Bala Gopal, S/o Pedda Krishnaiah, R/o Raghavareddypeta, H/o Virur Village, Atloor Mandal, Cuddapah

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District. 8 Yerragolla Naidu, S/o Gopaiah R/o Raghavareddypeta, H/o Virur Village, Atloor Mandal, Cuddapah District. 9 Tanga Pitchaiah S/o Gopaiah R/o Raghavareddypeta, H/o Virur Village, Atloor Mandal, Cuddapah District. 10 Modamekala Atchamma W/o late Venkatesh R/o Raghavareddypeta, H/o Virur Village, Atloor Mandal, Cuddapah District. 11 G Yellaiah S/o Yellaiah R/o Raghavareddypeta, H/o Virur Village, Atloor Mandal, Cuddapah District. 12 Dabbugondla China Subbaiah S/o Subbaiah R/o Raghavareddypeta, H/o Virur Village, Atloor Mandal, Cuddapah District. 13 Modem Pitchaiah (Died), his LR S/o Subba Raidu R/o Raghavareddypeta, H/o Virur Village, Atloor Mandal, Cuddapah District. 14 T Venkaiah S/o Subbaiah R/o Raghavareddypeta, H/o Virur Village, Atloor Mandal, Cuddapah District. 15 M Naga Munnaiah S/o Bala Subbaiah R/o Raghavareddypeta, H/o Virur Village, Atloor Mandal, Cuddapah District. 16 Yerragolla Naidu S/o Gopaiah R/o Raghavareddypeta, H/o Virur Village, Atloor Mandal, Cuddapah District. 17 Yerragolla Krishna Naidu S/o China Krishnaiah R/o Raghavareddypeta, H/o Virur Village, Atloor Mandal, Cuddapah District. 18 B Rajamma W/o Gopal R/o Raghavareddypeta, H/o Virur Village, Atloor Mandal, Cuddapah District. 19 Yerragolla Krishnaiah S/o China Krishnaiah R/o Raghavareddypeta, H/o Virur Village, Atloor Mandal, Cuddapah District. 20 Yerragolla Gopalaiah S/o China Krishnaiah R/o Raghavareddypeta, H/o Virur Village, Atloor Mandal, Cuddapah District. 21 T Pullaiah (Died) his LR daughter Venkatamma D/o T Pullaiah (late) R/o Raghavareddypeta, H/o Virur Village, Atloor Mandal, Cuddapah District. 22 T Venkata Subbaiah S/o Pedda Pullaiah R/o Raghavareddypeta, H/o Virur Village, Atloor Mandal, Cuddapah District. .....RESPONDENT(S)

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Counsel for the Appellant:GP FOR LAND ACQUISITION

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Counsel for the Respondent No.: MR.Y.VENKATA SATYAM

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The Court made the following :

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THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE SANJAY KUMAR

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WRIT APPEAL NO : 235 of 2002

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JUDGMENT: (Per Hon’ble Sri Justice Sanjay Kumar)

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The writ appeal arises out of the order dated 19.10.2001 passed by the learned single Judge in WP No.21677 of 2001.

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The grievance of the respondents/writ petitioners before the learned single Judge was that they were not paid exgratia with interest for their structures which were gutted in the fire accident which occurred in Raghavareddypeta village, H/o Virur, Atloor Mandal, Cuddapah District, in accordance with G.O.Ms.No.1307, dated 23.12.1993. The learned single Judge disposed of the writ petition directing the appellants-authorities to finalize the proposal for payment of exgratia for the structures of the petitioners, within a period of four months. The authorities challenged the said direction in the present appeal.

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Having heard the learned Counsel, we are of the opinion that the respondents are entitled to be paid exgratia for their structures in the event of fulfillment of the requirements under G.O.Ms.No.1307, dated 23.12.1993. The authorities shall undertake this exercise to ascertain whether the respondents come within the ambit of the said G.O. and to process their claims for payment of exgratia in accordance with the said G.O., within a period of six months from the date of receipt of a copy of the order.

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Accordingly, the writ appeal is disposed of. There is no order as to costs.

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_________________________ Justice T.Meena Kumari

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____________________ Justice Sanjay Kumar

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Date: 9^th June, 2009 Gurc/nn.

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THE HON'BLE SMT JUSTICE T.MEENA KUMARI &

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THE HON'BLE SRI JUSTICE SANJAY KUMAR

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WRIT APPEAL NO : 235 of 2002

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(Judgment of the Division Bench delivered by the Hon’ble Sri Justice Sanjay Kumar)

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09/06/2009

The Government of a.P., v. Yerragolla Pullaiah

Case brief

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The Government of a.P., v. Yerragolla Pullaiah

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