IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.10658 of 2014 Between:
Nagula Ramavva, W/o. Yellaiah, Aged about 59 years, Occ: Agriculture, R/o. H.No.10-8, Kodurpaka Village, Boinpally Mandal, Karimnagar, Andhra Pradesh & 2 others .. Petitioners AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation and C.A.D. Department, Secretariat, Hyderabad & 5 others .. Respondents WRIT PETITION No.10659 of 2014 Between:
Nagula Rajamouli, Aged about 39 years, Occ: Agriculture, R/o. H.No.10-15, Kodurpaka Village, Boinpally Mandal, Karimnagar, Andhra Pradesh & another .. Petitioners AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation and C.A.D. Department, Secretariat, Hyderabad & 5 others .. Respondents WRIT PETITION No.10660 of 2014 Between:
Nagula Soujanya, W/o. Nagula Kishan, Aged about 28 years, Occ: Agriculture, R/o. H.No.10-19, Kodurpaka Village, Boinpally Mandal, Karimnagar, Andhra Pradesh .. Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation and C.A.D. Department, Secretariat, Hyderabad & 5 others .. Respondents WRIT PETITION No.10661 of 2014 Between:
Ydelli Kanukavva, W/o. Mallaiah, Aged about 38 years, Occ: Agriculture, R/o. H.No.10-22, Kodurpaka Village, Boinpally Mandal, Karimnagar, Andhra Pradesh .. Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation and C.A.D. Department, Secretariat, Hyderabad & 5 others .. Respondents WRIT PETITION No.10662 of 2014 Between:
Gandra Ramana Rao, S/o. Divakar Rao, Aged about 46 years, Occ: Agriculture, R/o. H.No.4-92, Kodurpaka Village, Boinpally Mandal, Karimnagar, Andhra Pradesh & another .. Petitioners AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation and C.A.D. Department, Secretariat, Hyderabad & 5 others .. Respondents WRIT PETITION No.11795 of 2014 Between:
Gampa Amarnath, S/o. Anantharamulu, Aged about 28 years, Occ: Agriculture, R/o. H.No.1-90, Kodurpaka Village, Boinpally Mandal, Karimnagar, Andhra Pradesh & another .. Petitioners AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation and C.A.D. Department, Secretariat, Hyderabad & 5 others .. Respondents WRIT PETITION No.11796 of 2014 Between:
Salla Ramesh, S/o. Narsimhulu, Aged about 39 years, Occ: Agriculture, R/o. H.No.4-8, Kodurpaka Village, Boinpally Mandal, Karimnagar, Andhra Pradesh & another .. Petitioners AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation and C.A.D. Department, Secretariat, Hyderabad & 5 others .. Respondents WRIT PETITION No.11797 of 2014 Between:
Joginipelly Sriram Rao, S/o. Devender Rao, Aged about 35 years, Occ: Agriculture, R/o. H.No.10-26, Kodurpaka Village, Boinpally Mandal, Karimnagar, Andhra Pradesh & another .. Petitioners AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation and C.A.D. Department, Secretariat, Hyderabad & 5 others .. Respondents WRIT PETITION No.11798 of 2014 Between:
Mothe Rena, W/o. Parshaiah, Aged about 29 years, Occ: Agriculture, R/o. H.No.4-8, Kodurpaka Village, Boinpally Mandal, Karimnagar, Andhra Pradesh .. Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation and C.A.D. Department, Secretariat, Hyderabad & 5 others .. Respondents WRIT PETITION No.11799 of 2014 Between:
Pegada Rajaiah, S/o. Devaiah, Aged about 58 years, Occ: Agriculture, R/o. H.No.7-97/1, Kodurpaka Village, Boinpally Mandal, Karimnagar, Andhra Pradesh & 2 others .. Petitioners AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation and C.A.D. Department, Secretariat, Hyderabad & 5 others .. Respondents WRIT PETITION No.11800 of 2014 Between:
Kududula Sanjeeva, D/o. Rajaiah, Aged about 22 years, Occ: Agriculture, R/o. H.No.8-80, Kodurpaka Village, Boinpally Mandal, Karimnagar, Andhra Pradesh .. Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation and C.A.D. Department, Secretariat, Hyderabad & 5 others .. Respondents WRIT PETITION No.11801 of 2014 Between:
Joginipelly Ramu, S/o. Kamalakar Rao, Aged about 31 years, Occ: Agriculture, R/o. H.No.10-29, Kodurpaka Village, Boinpally Mandal, Karimnagar, Andhra Pradesh .. Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation and C.A.D. Department, Secretariat, Hyderabad & 5 others .. Respondents WRIT PETITION No.18386 of 2014 Between:
Shravanapalli Lalitha, W/o. Anjaiah, Aged about 44 years, Occ: Agriculture, R/o. H.No.2-57, Kodurpaka Village, Boinpally Mandal, Karimnagar, Andhra Pradesh .. Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation and C.A.D. Department, Secretariat, Hyderabad & 5 others .. Respondents WRIT PETITION No.18387 of 2014 Between:
Armooru Subbarthnam, W/o. Venkateshwarlu, Aged about 59 years, Occ: Agriculture, R/o. H.No.4-12, Kodurpaka Village, Boinpally Mandal, Karimnagar, Telangana .. Petitioners AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation and C.A.D. Department, Secretariat, Hyderabad & 5 others .. Respondents AND WRIT PETITION No.18388 of 2014 Between:
Chiram Vidyasagar .. Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation and C.A.D. Department, Secretariat, Hyderabad & 5 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION Nos.10658, 10659, 10660, 10661, 10662, 11795, 11796, 11797, 11798, 11799, 11800, 11801, 18386, 18387 & 18388 of 2014 COMMON ORDER:
When the matters are taken up, the learned counsel for the petitioners, the learned Government Pleader for Land Acquisition and the learned Government Pleader for Irrigation submitted that the subject matter of these writ petitions is covered by the decision of this Court in W.P.No.34439 of 2012, dated 31.01.2013. The petitioners in these writ petitions are seeking the benefit of Rehabilitation and Resettlement Policy notified by the Government in G.O.Ms.No.68, Irrigation & CAD (Project Wing-LA-IV-R&R) Department, dated 08.04.2005. In the above judgment, this Court held that having identified the petitioners in the socio-economic survey for extending the benefits under G.O.Ms.No.68, Irrigation & CAD (Project Wing- LA-IV-R&R) Department, dated 08.04.2005, the respondents cannot ignore the said survey. This Court further held that so long as the Gazette notification remained in existence, it is not permissible for the respondents to deny the petitioners the benefits flowing under G.O.Ms.No.68, Irrigation & CAD (Project Wing-LA-IV-R&R) Department, dated 08.04.2005, and accordingly, the writ petition was allowed in terms of the prayer made.
2. In these cases also, the petitioners were identified in the socio-economic survey and it is contended that the petitioners are similarly situated.
3. In view of the judgment of this Court in W.P.No.34439 of 2012, dated 31.01.2013, these Writ Petitions are also allowed in terms of the prayer sought for. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
P.NAVEEN RAO, J Date: 17th October, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION Nos.10658, 10659, 10660, 10661, 10662, 11795, 11796, 11797, 11798, 11799, 11800, 11801, 18386, 18387 & 18388 of 2014 Date: 17th October, 2014 KL