High Court · 2025
Case Details
Acts & Sections
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 writ of mandamus or any other' appropriate writ, direction, declaring the action of the Respondents in ngt depositing the decreetal amount to the Credit of E.P No. 612Q25 in O.P. No. 4412011 on the file pf the Hon'ble Senior Civil JrJdge, at Gadwal as illeggl, a1[itrary, unjust, and gqntrary to the Judgment of Larger penq! reported in ?005 (3) AL? 233 and conggquently ditect the Respoldenlp to depqsit the same to the credit e1 eqid $,P No, 6/2p25 in O.P. Nq. 44l2O11on the file gf thq Hon'ble Senior Civil Judge, at E?dw9, lA NO: 1 OF 2025 --'--l----'-----:-=- Petitioq under Seetipn 151 CPe prayinq that in thp circumstances stated in the gffidavit filed in support of the petition, the High Court may pe pJqased lo direc! lhe Respondents herein to deposit decreetal amount t9 thg crefoit of E.P. No. 6t2925 in O,P, No, 44t2011 on the file of the Hon'ble Senior Civil Jgdge, at Gadwa pending dispqsal qf the wril pqfition. r: I ' Coqnsgl for !b9 Petitio1er!: $!l R.RAPHA KBISHNA RFDqY Counsel for tbe Respondent No.1: GP FOR lBRl AND OOMM AREA DEV Counsgl for the Rgspondent No.2: AGP FOR FINAN-cE : gounslt roi thb nlspondent Nos.3,4 & 5: M1s, RADHA SANPEEP.tf! REDPY, : TFq Csqrt r,l4de the followinq; ORQER 'I a THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR UIRIT PETITI ON No.l22ll of 2o25 QBLEB: Heard learned counsel for the petitioner and le Assistant Government Pleader for Finance appearing for respondent No.2 and Ms.Radha Saldeepti Reddy, learned Assistant Government Pleader for Land Acquisition appearing for respondent Nos.3, 4 and 5. With the consent of the parties, this 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 entire decreetal amount to the credit of the E.P No.6 of 2025 in L.A.O.P No.44 of 2012 oru the fi.le of the Senior Ciuil Jud,ge at Gad-utal, as illegal, arbitrary and. contrary.to the Jud,gment of Larger Bench reported in 2OOS (3) ALD 233 arud. consequentlg direct respondertts to deposit the same to the credit of E.P.No.6 of 2O2S in LAOp No.44 of 2012 on the file of Senior Ciuil Judge at Gadwal."
3. It is the case of petitioners that they are the agriculturists and eking out their livelihood out of the income deriv.ed from agriculture produce. The respondent authorities in order to provide irrigation facilities for agriculture lands in Aloor '\ \ \\ 7 Village, Gattu mandat, Jogulamba Gadwal District, has planned for construction of submergence of Ryalampad Balancing Reservoir under Jawahar Lift Irrigation Scheme at Aloor Village. As such r'espondents acquired the lands of the petitioners herein while initiating proceedings under Land Acquisition Act, 1894 and fixed an amount of Rs.165/- per sq.mtr., and passed an award in Award No.34/2O10 dated O2.06.2O1O. Aggrieved over the same, petitioners herein have filed L.A.O.P.No.44 of 2Oll before Principal District Judge, Gadwal which was allowed on
03.O7.2012. Challenging the same, petitioners haye filed LAAS.No. 125 of 2015 before this Court and the same was allowed on 27.O9.2022. Challenging the same, respondent/State preferred SLP before the Hon'ble Supreme Court which was dismissed on 17 .09 .2024. ^fhereafter, petitioners herein have filed E.P.No.6 of 2025 in L.A.O.P.No.44 of 2011 before Senior Civil Judge, Gadwal, for payment of enhanced compensation, which is pending for consideration. Challenging the same, the present writ petition is filed
4. Today r.r,hen the matter has been taken up for hearing, learned counsel for the petitioner submits tha.t in similar circumstances this Court in W.P.No.12837 of 2023 dated
28.04.2023, passed the following order:- 3 "S.Hauing regard to tlw same, tLte Wrtt petition is disposed of and respondent.lfo.S ls directed to deposit tLLe decretal amount in terms of the order and decree, dated,3o.O3.2o17, passed in O.P.No.65 of 2009 bg the Senior Ciuil Judge, Gadwal, to the credit of E.P.No.S of 2O23 in O.P.No.65 of 2OO9 on the file of Senior Ciuil Judge, Gadwal, as expeditiouslg as possible, at anA rate within a pertod of four (4) months from the date of receipt of a copy of this order. Tlrcre shall be no order as fo costs. "
5. Learned counsel for the petitioner further pray this Court to pass similar orders as pasSed in W.P.No.12837 of 2023 dated
28.04.2023. 6, Learned Government Pleaders appearing for respondents did not dispute the same.
7. Recording the submission made by learned counsel appearing on either side and in terms of order passed by this Court in W.P.No.I2837 of 2023 dated 28.04.2023, this writ petition is disposed of directing the respondent authorities to deposit the decreetal amount in terms of the order and decree, passed in L.A.O.P No.44 of 2011, on the file of Principal District Judge at Gadwal, to the credit of E.P No.6 of 2025 in L.A.O.P No.44 of 2011 on the file of Senior Civil Judge at Gadwal, as I I I 4 expeditiously ari possible, at any rate within a period of four (4) months from the date of receipt of a copy of this order. \ \. \
8. Accordingly, this writ petition IS disposed of. Miscellaneous ripplications, if any pending, shall stand closed. No' order as to costs. //TRUE COPY// SD/-K. AMMAJI GISTRAR OFFICER PEPUTY RE (\\.-er." J The Principal Secretary, lrrigation Department, Secretariat, Hyderabad, State of Telangana. The Principal Secretary, Finance and Planning Department, Secretariat, Hyderabad, State ofTelangana. The Commissioner of Land Revenue, Nampally Station Road, Hyderabad. TheDistrictcollector,JogulambaGadwaIDistrict. Ihe QpQcial Deputy Collector (LA), Jawahar Lift Irrigation projgc!, Jogulamba Gadwal District One QC to SRI R.RADHA KRISHNA REDDY, Advocate IOPUCI Two OCs to GF FOR lRRl AND COMM AREA DEV, High Coudifor the State t Two CCs to GP FOR FINANCE, High Court for the State of Telangana, at Hyderabad. [OIJT] Ito QCq to GP FOR LAND 4CIIU|SIT|ON, High Court for the State of Telarigana, at Hyderabad [OUT] ..Iwo pD Copigs fA- \ To
3. 4 5. 7.
8. o 10 PSK. BS HIGH COURT DATED:2210412025 ? ORDER WP.No.12211 ot 2025 1 c- S l4 rc. o ( D L) 0 ?. tl/.Y M5 t * gO Tc DISPOSING OF THE WRIT PETITION WITHOUT COSTS A-v Dl tr 2) \l
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 writ of mandamus or any other' appropriate writ, direction, declaring the action of the Respondents in ngt depositing the decreetal amount to the Credit of E.P No. 612Q25 in O.P. No. 4412011 on the file pf the Hon'ble Senior Civil JrJdge, at Gadwal as illeggl, a1[itrary, unjust, and gqntrary to the Judgment of Larger penq! reported in ?005 (3) AL? 233 and conggquently ditect the Respoldenlp to depqsit the same to the credit e1 eqid $,P No, 6/2p25 in O.P. Nq. 44l2O11on the file gf thq Hon'ble Senior Civil Judge, at E?dw9, lA NO: 1 OF 2025 --'--l----'-----:-=- Petitioq under Seetipn 151 CPe prayinq that in thp circumstances stated in the gffidavit filed in support of the petition, the High Court may pe pJqased lo direc! lhe Respondents herein to deposit decreetal amount t9 thg crefoit of E.P. No. 6t2925 in O,P, No, 44t2011 on the file of the Hon'ble Senior Civil Jgdge, at Gadwa pending dispqsal qf the wril pqfition. r: I ' Coqnsgl for !b9 Petitio1er!: $!l R.RAPHA KBISHNA RFDqY Counsel for tbe Respondent No.1: GP FOR lBRl AND OOMM AREA DEV Counsgl for the Rgspondent No.2: AGP FOR FINAN-cE : gounslt roi thb nlspondent Nos.3,4 & 5: M1s, RADHA SANPEEP.tf! REDPY, : TFq Csqrt r,l4de the followinq; ORQER 'I a THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR UIRIT PETITI ON No.l22ll of 2o25 QBLEB: Heard learned counsel for the petitioner and le Assistant Government Pleader for Finance appearing for respondent No.2 and Ms.Radha Saldeepti Reddy, learned Assistant Government Pleader for Land Acquisition appearing for respondent Nos.3, 4 and 5. With the consent of the parties, this 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 entire decreetal amount to the credit of the E.P No.6 of 2025 in L.A.O.P No.44 of 2012 oru the fi.le of the Senior Ciuil Jud,ge at Gad-utal, as illegal, arbitrary and. contrary.to the Jud,gment of Larger Bench reported in 2OOS (3) ALD 233 arud. consequentlg direct respondertts to deposit the same to the credit of E.P.No.6 of 2O2S in LAOp No.44 of 2012 on the file of Senior Ciuil Judge at Gadwal."
3. It is the case of petitioners that they are the agriculturists and eking out their livelihood out of the income deriv.ed from agriculture produce. The respondent authorities in order to provide irrigation facilities for agriculture lands in Aloor '\ \ \\ 7 Village, Gattu mandat, Jogulamba Gadwal District, has planned for construction of submergence of Ryalampad Balancing Reservoir under Jawahar Lift Irrigation Scheme at Aloor Village. As such r'espondents acquired the lands of the petitioners herein while initiating proceedings under Land Acquisition Act, 1894 and fixed an amount of Rs.165/- per sq.mtr., and passed an award in Award No.34/2O10 dated O2.06.2O1O. Aggrieved over the same, petitioners herein have filed L.A.O.P.No.44 of 2Oll before Principal District Judge, Gadwal which was allowed on
03.O7.2012. Challenging the same, petitioners haye filed LAAS.No. 125 of 2015 before this Court and the same was allowed on 27.O9.2022. Challenging the same, respondent/State preferred SLP before the Hon'ble Supreme Court which was dismissed on 17 .09 .2024. ^fhereafter, petitioners herein have filed E.P.No.6 of 2025 in L.A.O.P.No.44 of 2011 before Senior Civil Judge, Gadwal, for payment of enhanced compensation, which is pending for consideration. Challenging the same, the present writ petition is filed
4. Today r.r,hen the matter has been taken up for hearing, learned counsel for the petitioner submits tha.t in similar circumstances this Court in W.P.No.12837 of 2023 dated
28.04.2023, passed the following order:- 3 "S.Hauing regard to tlw same, tLte Wrtt petition is disposed of and respondent.lfo.S ls directed to deposit tLLe decretal amount in terms of the order and decree, dated,3o.O3.2o17, passed in O.P.No.65 of 2009 bg the Senior Ciuil Judge, Gadwal, to the credit of E.P.No.S of 2O23 in O.P.No.65 of 2OO9 on the file of Senior Ciuil Judge, Gadwal, as expeditiouslg as possible, at anA rate within a pertod of four (4) months from the date of receipt of a copy of this order. Tlrcre shall be no order as fo costs. "
5. Learned counsel for the petitioner further pray this Court to pass similar orders as pasSed in W.P.No.12837 of 2023 dated
28.04.2023. 6, Learned Government Pleaders appearing for respondents did not dispute the same.
7. Recording the submission made by learned counsel appearing on either side and in terms of order passed by this Court in W.P.No.I2837 of 2023 dated 28.04.2023, this writ petition is disposed of directing the respondent authorities to deposit the decreetal amount in terms of the order and decree, passed in L.A.O.P No.44 of 2011, on the file of Principal District Judge at Gadwal, to the credit of E.P No.6 of 2025 in L.A.O.P No.44 of 2011 on the file of Senior Civil Judge at Gadwal, as I I I 4 expeditiously ari possible, at any rate within a period of four (4) months from the date of receipt of a copy of this order. \ \. \
8. Accordingly, this writ petition IS disposed of. Miscellaneous ripplications, if any pending, shall stand closed. No' order as to costs. //TRUE COPY// SD/-K. AMMAJI GISTRAR OFFICER PEPUTY RE (\\.-er." J The Principal Secretary, lrrigation Department, Secretariat, Hyderabad, State of Telangana. The Principal Secretary, Finance and Planning Department, Secretariat, Hyderabad, State ofTelangana. The Commissioner of Land Revenue, Nampally Station Road, Hyderabad. TheDistrictcollector,JogulambaGadwaIDistrict. Ihe QpQcial Deputy Collector (LA), Jawahar Lift Irrigation projgc!, Jogulamba Gadwal District One QC to SRI R.RADHA KRISHNA REDDY, Advocate IOPUCI Two OCs to GF FOR lRRl AND COMM AREA DEV, High Coudifor the State t Two CCs to GP FOR FINANCE, High Court for the State of Telangana, at Hyderabad. [OIJT] Ito QCq to GP FOR LAND 4CIIU|SIT|ON, High Court for the State of Telarigana, at Hyderabad [OUT] ..Iwo pD Copigs fA- \ To
3. 4 5. 7.
8. o 10 PSK. BS HIGH COURT DATED:2210412025 ? ORDER WP.No.12211 ot 2025 1 c- S l4 rc. o ( D L) 0 ?. tl/.Y M5 t * gO Tc DISPOSING OF THE WRIT PETITION WITHOUT COSTS A-v Dl tr 2) \l