Sanka Babu Nagendra Sai Alias Saibabu vs The District Collector on 9 March, 2026

    0
    40
    ADVERTISEMENT

    Andhra Pradesh High Court – Amravati

    Sanka Babu Nagendra Sai Alias Saibabu vs The District Collector on 9 March, 2026

                                                                                  RC,J
                                                     I.A.No.1/2025 in W.P.No.7081/2021
                                         1
    
    APHC010121182021
                       IN THE HIGH COURT OF ANDHRA PRADESH
                                     AT AMARAVATI                            [3332]
                              (Special Original Jurisdiction)
    
                       MONDAY,THE NINTH DAY OF MARCH
                        TWO THOUSAND AND TWENTY SIX
    
      PRESENT:THE
              THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI
    
                  I.A.No.1 of 2025 in WRIT PETITION NO: 7081/2021
    
    Between:
    
      1. SANKA BABU NAGENDRA SAI ALIAS SAIBABU,, S/O.LATE SANKA
         LINGA RAJU, AGED 66 YEARS, RESIDING AT D .NO.20
                                                  .NO.20-1-7 / 305,
         INDIRA ENCLAVE, AYODHYANAGAR, VIJAYAWADA
                                        VIJAYAWADA-3.
                                                   3.
    
      2. SANKA RAVI SEKHAR,, S/O. (LATE) SANKA LINGA RAJU, AGED 56
         YEARS, OCC. PRIVATE EMPLOYEE,         D.NO.11
                                               D.NO.11-188E,
                                                       188E, INDIRA
         COLONY, NEAR WATER TANK, NUNNA KRISHNA DISTRICT,
    
      3. KANUPAFTHI VIJAYA BHARATHI,, W/O. (LATE) GOVINDA RAO,
         HINDU, AGED ABOUT 72 YEARS, OCC. HOUSEWIFE, R/O. FLAT
         NO.502, K.R. SERINITY ADDAGUTTA, OPP. JN
                                               JNTU
                                                  TU KUKATPALLY,
         HYDERABAD, PETITIONERS 2 863 ARE REPRESENTED BY ITS'
         GPA SANKA BABU NAGENDRA SAI ALIAS SAIBABU, S/O.LATE
         SANKA LINGA RAJU, AGED 66 YEARS, RESIDING AT D.NO.20
                                                       D.NO.20-1-
         7/305, INDIRA ENCLAVE, AYODHYANAGAR, VIJAYAWADA
                                              VIJAYAWADA-3.
    
                                                             ...PETITIONER(S)
    
                                       AND
    
      1. THE DISTRICT COLLECTOR, GUNTUR, GUNTUR DISTRICT.
    
      2. THE LAND        ACQUISITION    OFFICER     AND     SUBCOLLECTOR,
         GUNTUR.
    
      3. THE LAND ACQUISITION OFFICER AND SUBCOLLECTOR, (FAC)
         TENALI.
    
      4. MANAGING DIRECTOR, APSRTC, RTC BHAWAN, VIJAYAWADA,
         ANDHRA PRADESH
                                                                                        RC,J
                                                          I.A.No.1/2025 in W.P.No.7081/2021
                                           2
    
                                                              ...RESPONDENT(S):
    
          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 toFor the reasons stated in the accompanying affidavit the petitioners
    herein pray that this Honorable Court may be pleased to issue a Writ or
    Direction or an order, which particularly in the nature of writ of Mandamus,
    declaring the inaction of the respondent Nos 1 to 3 herein from not referring
    the matter to the Civil Court under Section 18 of the Land Acquisition Act as
    per the order dated 19-06-1997 of the Honorable High Court passed in WP No
    9356 of 1993 by the Honorable Court by action of which the petitioners are
    deprived of their legitimate right for fair and just enchantment of compensation
    as illegal, arbitrary and against the principles of the natural justice and
    contrary to the provisions of the constitution of India and consequently direct
    the Respondents to return the two acres of land in Sy. No. 83/1 in
    pedanandipadu village Guntur District acquired under Award No. 6/ /1988
    dated 04-04-1988 by the respondents No. 1 and 2, against return the
    compensation amount of Rs 50,000/- by the petitioners to the respondent No.
    1 and such other or orders as this Honorable court may deem fit and proper in
    the circumstances of the case and thus render justice. Prayer is amended as
    per the Court's Order dt. 14.11.2024 in IA 1/2024.
    
    IA NO: 1 OF 2021
    
          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
    pleased to consider the representation dated 28.02.2020 of the petitioner
    pending disposal of above Writ Petition and to pass
    
    IA NO: 1 OF 2024
    
          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
    pleased permit the petitioner to amend the prayer as " For the reasons stated
    in the accompanying affidavit the petitioners herein pray that this Honorable
    Court may be pleased to issue a Writ or Direction or an order , which
    particularly in the nature of writ of Mandamus, declaring the inaction of the
    respondent Nos 1 to 3 herein from not referring the matter to the Civil Court
    under Section 18 of the Land Acquision Act as per the Order dated 19-06-
    1997 of the Honourble High Court passed in WP No 9356 of 1993 by the
    Honorable Court by action of which the petitioners are deprived of their
                                                                                         RC,J
                                                           I.A.No.1/2025 in W.P.No.7081/2021
                                            3
    
    legitimate right for fair and just enchantment of compensation illegal, arbitrary
    and against the principles of the natural justice and contrary to the provisions
    of. the constitution of India and consequently direct the Respondents to return
    the two acres of land in Sy. No. 83/1 in pedanandipadu Village Guntur District
    acquired under Award No. 6/ /1988 dated 04-04-1988 by the respondents
    No.1 and 2, against return the compensation amount of Rs 50,000/- by the
    petitioners to the respondent No.1 and pass
    IA NO: 2 OF 2024
          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
    pleased to grant leave to the petitioners for filing the reply to counter affidavit
    of respondents
    IA NO: 3 OF 2024
          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 delete the name of the 3^^^ respondent i.e.. Sub Collector, Tenali
    incorporate the name of Revenue Divisional Officer, Guntur               as 3rd
    Respondent in the above petition
    IA NO: 1 OF 2025
          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
    may be pleased to review the order passed in W.P. No.7081 of 2021, dated
    02.01.2025 by allowing the Review Application, in the interest of justice
    IA NO: 2 OF 2025
          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
    may be pleased to condone the delay of 130 days in re-presenting the
    above -- petition to the registry and pass
    Counsel for the Petitioner(S):
       1. JOGESWARA RAO KANCHIBHOTIA
    
    Counsel for the Respondent(S):
    
       1. GP FOR LAND ACQUISITION
    
       2. Y SOLOMAN RAJU
                                                                                        RC,J
                                                          I.A.No.1/2025 in W.P.No.7081/2021
                                            4
    
    
    
    ORDER
    

    This petition is filed to review the order dated 02.01.2025 passed in

    W.P.No.7081 of 2021.

    SPONSORED

    2. Sri K.Harinarayana, learned counsel for Review Petitioners/writ

    petitioners submitted that the learned Principal Senior Civil Judge, Bapatla

    numbered the Land Acquisition O.P. as L.A.O.P.No.19 of 2026, which was

    referred to the Court by the Revenue Divisional Officer under Section 18 of

    the Land Acquisition Act, 1894 and therefore, nothing remains for adjudication

    in this review petition.

    3. In view of the submissions made by the learned counsel for the

    petitioners, this review petition is closed and keeping in view that the issue

    regarding payment of compensation is longstanding, the learned Principal

    Senior Civil Judge, Bapatla shall dispose of the L.A.O.P.No.19 of 2026 as

    expeditiously as possible. There shall be no order as to costs.

    Pending miscellaneous petitions, if any, shall stand closed.

    ________________________
    JUSTICE RAVI CHEEMALAPATI
    9th March, 2026. RR

    [ad_1]

    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here