High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue ari appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the action of the respondent authorities in not depositing the balance of entire decreetal amount to the credit of the E.P.No. 12 ot 2012 in O.P.No. 24 ot 2010 on the file of the Senior Civil Judge at Gadwal, as illegal, arbitrary and contrary to the Judgment of Larger Bench reported in 2005 (3) ALD 233 and consequently direct the respondent authorities to deposit the balance of entire decreetal amounts to the, credit of the E.P.No. 12 ot 2012 in OlP. Nq.24 ot 2O1O on the file of the Senior Civil Judge at Gadwal. .u lA 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 direct the respondent authorities to deposit the balance of entire decreetal amount to the credit of E.P.No 12 of 2012 in O.P.No. 24 of 2O1O,on the file of the Senior Civil Judge at Gadwal, pending disposal of the main tiVrit petition. Counsel Counsel Counsel Counsel for the for the for the for the Petitioners: SRI S.A.JAY KUMAR Respondent t{o.1: GPFOR lRRt AND COMM AREA DEV Respondent No.2: GP FOR FTNANCE & PI-ANNtNG Respondent Nos.3 TO 5: GP FOR LAND ACQUtStTtON The Court made the following: ORDER THE HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR VVIilT PETITION No.11924 of 2025 ORDER: Heard learned counsel for the petitioners anrJ Learned Government Pleader for Irrigation appearing for respondent No.1, Learned Government for Finance and Planning appearing for respondent No.2 and learned Government Pleader for Land acquisition appearing for respondent Nos.3 to

5. With the consent of the parties, the writ petition is being taken up for disposal at the admission stage itself.

2. This writ petition is filed seeking following prayer: "to declare the action of the respondent authoities in not depositing the balnnce of entire decreetal amount to the credit of the E.P No.1,2 of 20L2 in O.P No.24 of 2070 on the fle of the Senior Ciuil ludge at Gadzoal, as ilbgal, arbitrary and contrary to tfu ludgment of Larger Bench reported in 2005 (3) ALD 233 and consequently direct the respondent authoities to deposit the btlance of enhre decteetal amounts to the credit of thz E.P No.12 of 2072 in O.P No.24 of 201-0 on the file of the Senior Ciail ludge at Cadtonl."

3. Today when the matter has been taken uP for hearing, learned counsel for the petitioneis. submits that in similar circumstance this Court in W.P.No.845 of 2025 dated 03.04.2025, passed the following order:- "j. Acardingly, this toit petition is nlso allorued directing the respondents No.I fo 5 to deposit the entire decretal amount coaeted by the judgment and dtcree in O.P. No.52 of 2015 dated 28.04.2077, into the credit of E.P. lno.33 of 2017, on the fle of tle Senior Cittil ludge at Wanaparthy, within a peiod of three months from the date of receipt of a copy of this order." I t 1 I 2

4. Learned counsel for the petitioners further submits that the respondents authorities have deposited 50% of the decretal amount and for balance 50%, learned counsel pray this Court to pass similar orders as passed in W.pNo.g45 of 2025 dated 03.04.2025. 5 Learned counsel appearing for responderlts did not dispute the same.

6. Recording the submission made by learned counsel appearing on either side and in terms of order passed by this Court in w.p.No.g45 of 2025 dated

03.04.2025, this writ petition is allowed and the respondent authorities are directed to deposit the balance 50% of the decreetal amount in terms of the order and decree, passed in O.p No.24 of 2070, into the credit of E.p. No.12 of 2012, on the file of the Senior Civil |udge at Gadwal, as expeditiously as possible, at any rate within a period of three (03) months from the date of receipt of a copy of this order.

7. It is made clear that any negligence on the part of the respondents in complying with this order, within the time stipulated by this Court, will be viewed seriously and in such an even! the respondents r.r,ould be liable to pay costs.

8. Accordingly, this writ petition is allowed. Miscellaneous applications, if any pending, shall stand closed. No order as to costs. SD/-P. CH. NAGABHUSHAMBA DFPUTY REGISTRAR //TRUE COPY// To a 'l . The Principal Secretary, lrrigation Department Secre of Telangana. ECTION OFFICER nat, Hyderabad, State -l_- f;i ,'.i:LX., , j:t. Hvderabad State of Telangana Jooulamba Gadwal District

2. The Secretary, Finance and Planning Department Secretariat' Hyderabad' 3. The chief commissioner, Land Administration Nampally Rly station Road, a itE'oisiiJt Collector, Josulamba Gadwal District' Gadwal ;. +# i;1ffi":.t;6ii;"'ofrGiant Reven'" Divisional officer' Gadwal o b].'" ci t" s-Cis.ALRY rurueR, Advocate [oP-U-c] ;. il; 6dJ"-Gi-FijR inHinr.rb'iqilrr'r-nnEn oev, High court for the state ' 8. Y;t"iixi;GF'idRliNiNc'id ijr_nr.rr.rrruG, High court for the state of - s. +;;'ic;i6 GP'Fd[LAiidl6ciursrrtoru, Hish court ror the state or - 10.Two CD CoPies of ietanoana, at Hyderabad tOUTl TJlangana, at HYderabad. [OUTI Telanoana, at HYderabad. [OUTI \ PSK LS HIGH COURT DATED:221O412025 I I ORDER WP.No.11924 of 2025 ( ( o3 l trE $In1 G (,\ 02 flAY m5 lt, , \,:\,, '"t 6hrr'ijfl: (\ \ { ,,/ ALLOWING THE WRIT PETITION WITHOUT COSTS 8( 4a0 I