Andhra Pradesh High Court · 2008

Between: 1 Shankar Reddy S/o. Konda Reddy R/o. Nettempadu Village, Dharoor Mandal, Mahabubnagar Disrict. 2 K.Koteswar Reddy S/o. Late K.Sambasiva Reddy R/o. Nettempadu Village, Dharoor Mandal, Mahabubnagar District. 3 K.Thimma Reddy S/o. Konda Reddy R/o. Nettempadu Village, Dharoor Mandal, Mahabubnagar District. 4 Thimma Reddy S/o. Sugi Reddy R/o. Nettempadu Village, Dharoor Mandal, Mahabubnagar District. ..... PET IT IONER(S) AND 1 The Government of A.P., rep. by its Secretary, For Irrigation & Command Area Development, Project Wing Department, Hyderabad. 2 The Chief Engineer-in-Chief, Irrigation Wing, Erramanzil, Hyderabad. 3 The Special Collector, Land Acquisition unit, Srisailam Project at Kurnool, Kurnool District ( A.P.) 4 The Special Deputy Collector -cum-L.A.O., P.J.P. at Gadwal, Mahabubnagar District. .....RESPONDENT (S) Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court will be pleased to issue a writ of Mandamus, or any other appropriate Writ, order or direction, directing the respondents 1 to 4 herein to deposit the balance decretal amount to the credit of E.P.Nos. 60 to 63 of 2008 & Batch in O.P.Nos. 186, 187, 188, 195 of 1993 and batch on the file of the Sr.Civil Judge, Gadwal WRIT PET IT ION NO : 21188 of 2008 Between: 1 Balaswamy Goud S/o.Balaiah R/o. Achuthapur, Wanaparthy Mandal, Mahabubnagar District. 2 Lakshmaiah S/o.Chennaiah R/o. Achuthapur, Wanaparthy Mandal, Mahabubnagar District. 3 Narayana S/o.Chennaiah R/o. Achuthapur, Wanaparthy Mandal, Mahabubnagar District. ..... PET IT IONER(S) AND 1 The District Collector, Mahaboobnagar District, Mahaboobnagar. 2 The LAO cum Revenue Divisional Officer, Wanaparthy, Mahaboobnagar District, A.P. .....RESPONDENT (S) Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court will be pleased to issue a writ of Mandamus, or any other appropriate writ, order or direction directing the respondents 1 and 2 herein to deposit the balance decretal amount to the credit of E.P.Nos. 12 & 13 of 2008 in O.P.Nos. 13 & 14 of 1999 on the file of the Sr. Civil Judge, Wanaparthy WRIT PET IT ION NO : 21211 of 2008 Between: 1 G.Ramulu S/o.Shantanna, Ajjokole (V) Kothakota(M), Mahabubnagar District 2 H.Balaram S/o.Balaram, Ajjokole (V) Kothakota(M), Mahabubnagar District 3 Uppari Naganna S/o Ramaiah, Ajjokole (V) Kothakota(M), Mahabubnagar District 4 Davanamma W/o. Syamsunder Reddy, Ajjokole (V) Kothakota(M), Mahabubnagar District 5 G.Narayan Reddy, S/o Late Hanumanth Reddy, Ajjokole (V) Kothakota(M), Mahabubnagar District 6 G.Vijayapratap Reddy S/o Late Hanumanth Reddy, Ajjokole (V) Kothakota(M), Mahabubnagar District ..... PET IT IONER(S) AND 1 The Government of A.P Rep.by its Secretary for irrigation & Command Area Development Project Wing Department Hyderabad 2 The Chief Engineer-in Chief Irrigation Wing Erranmanzil,Hyderabad 3 The Special Collector Land Acquisition Unit, Srisaliam Project At Kurnool Kurnool District(A.P) 4 The Special Deputy Collector-Cum-L.A.O P.J.P at Gadwal, Mahabubnagar District .....RESPONDENT (S) Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court will be pleased to issue a writ of Mandamus or any other appropriate writ order or direction directing the respondents 1 to 4 herein to deposit the entire decretal amount the credit of EP Nos 78,79,80,81,82,&83 of 2007 in Op.Nos 64 53,70,176,32,of 1988 on the file of the Sr Civil Judge Gadwal, WRIT PET IT ION NO : 21231 of 2008 Between: 1 Gobriya S/o.Megya R/o.Akkayapalli Thanda and Pedda Mandadi Village & Mandal, Mahabubnagar District. 2 Kasina S/o.Megya R/o.Akkayapalli Thanda and Pedda Mandadi Village & Mandal, Mahabubnagar District. 3 Lambadi Degya S/o.Erra Balya R/o.Akkayapalli Thanda and Pedda Mandadi Village & Mandal, Mahabubnagar District. 4 Lambadi Bheemla S/o.Erra Balya R/o.Akkayapalli Thanda and Pedda Mandadi Village & Mandal, Mahabubnagar District. 5 Lambadi Tarya S/o.Erra Balya R/o.Akkayapalli Thanda and Pedda Mandadi Village & Mandal, Mahabubnagar District. 6 Lambadi Goud S/o.Erra Balya R/o.Akkayapalli Thanda and Pedda Mandadi Village & Mandal, Mahabubnagar District. 7 Bhagavanth Reddy S/o.A.Pedda Ayyapu Reddy R/o.Akkayapalli Thanda and Pedda Mandadi Village & Mandal, Mahabubnagar District. ..... PET IT IONER(S) AND 1 The District Collector, Mahaboobnagar District, Mahaboobnagar. 2 The LAO cum Revenue Divisional Officer, Wanaparthy, Mahaboobnagar District, A.P. .....RESPONDENT (S) Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court will be pleased to issue a writ of Mandamus, or any other appropriate writ, order or direction directing the respondents 1 and 2 herein to deposit the balance decretal amount to the credit of E.P.Nos. 8, 9, 7 of 2008 in O.P.Nos. 25, 24, 26 of 1999 on the file of the Sr. Civil Judge, Wanaparthy Counsel for the Petitioners: MR.S.VENKAT ESWARA REDDY Counsel ACQUISIT ION the Respondents: GP FOR LAND T he Court made t he following : COMMON ORDER: The lands of the petitioners in Manigilla Village and Pedda Mandadi Mandal of Mahabubnagar District were acquired for the purpose of formation of a tank. Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, ‘the Act’) was published on 09-11- 1993 and the award was passed on 28-10-1998 fixing the market value at the rate of Rs.4,000/- per acre. Not being satisfied with the compensation awarded by the Land Acquisition Officer, the petitioners sought reference under Section 18 of the Act. The Court of Senior Civil Judge, Wanaparthy enhanced compensation to Rs.22,000/- per acre. The State filed A.S Nos.1058 of 2004 and batch. The appeals were dismissed on 13-11-2006. Thereby, the decree passed by the Court of Senior Civil Judge on 30-07-2001 became final. The petitioners filed E.P Nos.14 of 2008 and batch before the Court of Senior Civil Judge, Wanaparthy for execution of the decrees. Their grievance is that the respondents have not deposited the balance of the compensation. Heard the learned counsel for the petitioners and the learned Government Pleader for Land Acquisition. Nearly two years have elapsed ever since this Court dismissed the appeals preferred by the State against the decrees passed by the Court of Senior Civil Judge, Wanaparthy dated 30-07-2001 in O.P No. 17 of 1999 and batch. Thought it takes some time for the State to augment its resources and to arrange for making deposits, the matters cannot be kept pending for years together. As a matter of fact, the delay in making deposits would result in unnecessary burden to the exchequer in the form of interest on solatium and compensation. Having regard to the facts and circumstances of the case, the writ petitions are disposed of directing that the respondents shall take necessary steps to deposit the compensation due to the petitioners within three months from today. L .NARASIMHA REDDY, J 30-10-2008 ..... REGISTRAR // TRUE COPY // To SECTION OFFICER 1 The District Collector, Mahaboob Nagar District, Mahaboob Nagar. 2 The LAO Cum Revenue Divisional Officer, Wanaparthy, Mahabubnagar District (A.P) 3 The Government of A.P., rep. by its Secretary, For Irrigation & Command Area Development, Project Wing Department, Hyderabad. 4 The Chief Engineer-in-Chief, Irrigation Wing, Erramanzil, Hyderabad. 5 The Special Collector, Land Acquisition unit, Srisailam Project at Kurnool, Kurnool District ( A.P.) 6 The Special Deputy Collector -cum-L.A.O., P.J.P. at Gadwal, Mahabubnagar District. 7 Two CCs to the Government Pleader for Land Acquisition, High Court of Andhra Pradesh, High Court of A.P (OUT). 8 Two CD copies.