✦ High Court of India · 24 Feb 2025

1. K. Vittal Reddy v. 1. The State of Telangana

Case Details High Court of India · 24 Feb 2025
Court
High Court of India
Decided
24 Feb 2025
Length
1,292 words

Petition Under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondents in not depositing the decretal amount in terms of order and decree, dated o}l11t2o17, passed in LAOP No.11 of 2008 on the file of the Assistant Sessions Judge, at Zaheerabad, as arbitrary, illegal and violation of Article 3004 of the constitution of lndia and consequently to direct the respondents No.1 to 5 herein to deposit the amount as per the Order and decree, dated 08t11t2017, passed in LAOp No.1'l of 2008 on the file of the Assistant sessions Judge, at Zalreerabad to the credit of E.P.No.2 of 2o25 in LAoP.No.11 ot 2o0B on the file of the court of Senior Civil Judge Court At Zaheerabad. |.A.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 to issue interim directions, directing the respondents No.1 to 5 herein to deposit the amount as per the Order and decree, dated 0911112017, passed n LAOp No..l 1 of 2008 on the file of the Assistant sessions Judge, at Zaheerabltd to the credit of E.P.No.2 of 2025 in LAoP.No.11 of 200g on the file of the courl of senior civit Judge court At Zaheerabad forthwith, pending disposal of the above writ petition. Counsel for the Petitioners : SRI SRIDHAR LONKALA Counsel forthe Respondent No.1 : Gp FOR lRRl AND COMM AREA DEVELOPMENT Counsel for the Respondent No.2 : G.p FOR FINANCE AND PLANNING Counsel for the Respondent Nos.3 to 5 : SRI S.SRINIVAS REDDY, AGp FOR LAND ACQUISITION Counsel for the Respondent No.4 : G.p FOR REVENUE The Court made the following ORDER THE HON'BLE SRI JUSTICE J.SREENIVAS RAO Writ Petition No.5467 of 2025 Order.' The Writ Petition is filed seeking the lollowing reliel " ... to issue a Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not depositing the decretal amount in terms of Order and decree daled 08/l l/2017 passed in LAOP.No.| I of 2008 on the file ofthe Assistant Sessions Judge at Zaheerabad as arbitrary illegal and violation of Article 300A of the Constitution of India and consequently to direct the respondents No I to 5 herein to deposit the amount as per the Order and decree dated 08/ll/2017 passed in LAOP.No.l I ol- 2008 on the file ol the Assistant Sessions Judge at Zaheerabad to the credit of E.P.No.2 of 2025 in LAOt'.No.l I of 2008 on the file ofthe Court of Senior Civil Judgc Court At Zaheerabad."

2. Heard Mr.Sridhar Lonkala, lcamed counsel lor the petitioners, Mr.L.Sandeep. learned Assistant Govcrnment Pleader for lrrigation appearing lor respondent No. l. Mr.Mohd.Naveod Khan. leamed Assistant Government Pleader for Finance and Planning appearing lor respondent No.2 and Mr.S.Srinivas Reddy, learned Assistant Government Pleader for Land Acquisition appearing for respondent Nos.3 to 5.

3. With the consent of learned counsel lor the partics, the writ petition is being disposed of'at the stage ofadnrission.

4. Leamed counsel ior thc pctitioners submittcd that in similar circurnstances, b1' fclllorving a decision of the l-argct Bench in 2 Bhimidipati .4nnapoorna Bhavani v. Ltntl Acquisition Ol/icert, fhis court disposed of w.P.Nos.l8867 of 202r and 30300 of 202 I. dared l9 09.2018 and 26.11.2021 , directing the respondenrs thereirl to dcposit . the enhanced compcnsation in terms of the order and decrce passed by the concemed Court, to the credit of E.p., as expeditiously as possible, preflerably. rvithin a period of two (2) months flom the date of receipt of the said ordcrs. I{e lurther submits that as the petitioners herein are also standing on the vcry same footing, 1o maintain parity. they are also entitled lor the very same order.

5. Leamed Assistant Govemment pleaders appcar ing for rcspondents have not disputed for the same. However. they seek three (3) months l.irne to deposit the amount awarded by the conccmed Cou( in Il.P.No.2 ol2025

6. [n vieq, of the decision of the Lafger Bench in Bhimidipoti Annapoorna Bhovani (Sapm) and orders passed by this Court dated

18.08.2021 and 26.1t.2021 in W.p.Nos.l8867 of 2021 and 30300 ol 2021 and fbr reasons alike, the official respondents are dir()cted 10 deposit the cornpcnsation amount in terms of the order and decree dated

08. I I .201 7, passed in L.A.O.p.No.l I of 200g on the lile of rhe lcarned '2oos (3) ALD 223 (LB) 3 Assistant Sessions Judge, at Zaheerabad to the credit of E.P.No.2 of 2025, on the file of the leamed Senior Civil Court at Zaheerabad as expeditiously as possible, preferably, within a period of three (3) months from the date ofreceipt of a copy of this order.

7. Accordingty, the Writ Petition is disposed oi I'here shall be no order as to costs. As a sequel thereto, miscellaneous applications. if any, pending in the writ petition stand closed SD/.P. PADMANABHi REDDY ASSISTANT REGISTRAR /ffRUE COPY// S CTION OFFICER NamPallY, HYderabad' Saifabad, State of Telangana at Hyderaoao' ',. -n" Principal 5ecretary, (lrrigation and Command Area Development)' Secretariat Buiroings, 6ailau-uo, stut" of Telangana at Hyderabad' 2. The Principur S""t"tuti]iiin"nte Departm-ent)' Secretariat Buildings' 3. The Chief Co**i'"ioi"il'nO na'lni"t'ution' Govemment of Telangana 4. The District Cottectorl Sangareddy District' At S.anoareddv 5. The Revenue oivi.ioniioftrcer, (speciat oeputy c-orector Land Acquisition)' " ii"g"oiPt"iect, Narayankhed' Sangareddy Dislrict' 6. rwo ccs to Gp FdiftliANb-co"tiM n-ien oever-oPtvlENr' High court ' 7. Two ccs to GP FoFili'Ni;;ioUrsriLoN' Hish court ror the state of 8. Two ccs to GP Foi?iilift;AND PLANNING' Hish court for the State of 9. Two CCs to GP fon fieVLnUi' Hign Court tor the State of Telangana at ro.ijirl ccio snt sRtoHnn LoNKALA Advocate [oPUCl 'l 1.Two CD CoPies of Telangana at Hvderabud, [9YJl Telangana at Hyderabad [OUTI Telangana at Hyderabad' [OUT] HYderabad. [OUTI f* tn" -State SA BS 4fr C.C, TODAY I l' ,' '- i, ii- \ :-^ \ 1tt SI4 ;'i ,.L ,l 27 iEB zffi I i/ ',. ,;,, HIGH COURT DATED:2410212025 ORDER WP.No.5467 of 2025 i I DISPOSING OF THE W.P WITHOUT COSTS.

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