1. A.Mallikarlun Gouda v. The State of Telangana
Case Details
Acts & Sections
Petition under Article 226 of the constitution of tndia 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 not depositing the decreetal amount to the credit of E.P. No. 36/202s in L.A.o.p. No. 1l2oi2 on the fite of the Hon,bre Principal District Judge, at Gadwar as iflegar, arbitrary, unjust, and contrary to the Judgment of Larger Bench reported in 2005 (3) ALD 233 and consequenfly direct the Respondents to deposit the same to the credit of said E. p. No. 36/2025 in L.AO.P. No. 112012 on the fire of the Honourabre principar District Judge, at Gadwal. 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 preased to direct the Respondents herein to deposit decrectal amount to the credit of E.p. No. 3612025 in L.Ao.P No 1r2o12 on the fire of the Hon'ble principar District Judge, at Gadwal pending disposal of the writ petition. Counsel for the Petitioners: SRI R. RADHA KRISHNA REDDY Counsel for the Respondent No..l: Gp FOR lRRl AND COMM AREA DEV Counsel for the Respondent No.2: SRI MOHD. NAVEED KHAN. AGP FOR FINANCE counsel forthe Respondent Nos.3,4 and 5: MS. RADHA sANDEEpil REDDY, AGP FOR LAND ACQUISITION The Court made the following: ORDER n THE HONOURABLE SRI JUSTICE N,V.SHRAVAN KUMAR WRIT PETITION No.12188 of 2o25 ORDER: Heard learned counsel for the petitic'ner and Mohd'Naveed Khan, learned Assistant Government Pleader for F inance appearing for respondent No.2 and Ms.Ra<lha Sandeepti Reddy, learned Assistant Government Pleader for Land Acquisition appearing for respondent Nos.3, 4 alC 5' With the consent of the parties, this wr:it petition is being taken up for disposal at the adrnission stage itself.
2. This writ petition is filed seeking following prayer: "to d"eclare the action of tLte respondent authoities irt not d"epositirug the entire decreetaL amount t'o the creclit of the E.P No.36 of 2025 in L'A'O'P No'1 of 2012 on the file of the Principal District Judge at Gad.uLal, as illegal, arbitrarg arud contrary to the Jud.gment of Larger Bench reported in 2OO5 (3) ALD 233 and consequentlg d'irect respondents to deposit the same to ttrc cred.it of E.P.No'36 of 2025 in LAOP No.1 of 2012 on th.e file of Principal District Judge at Gadwal."
3. It is the case of petitioners that they are the agriculturists and eking out their livelihood or-rt of the income derived from agriculture produce. The respondent authorities in r l 2 order to pro'ide irrigation facilities for agriculture lands in Aroor Village, Gattu mandal, Jogulamba Gadwal District, has planned for construction of Rya_lampad Balancing Reservoir under Jawahar Lift Irrigation Scheme at Aloor Vi11age. For the said purpose the respondents acquired the lands of the petitioners while initiati ng proceedings under Land Acquisition Act, 1 894 and {ixed an amount of Rs. 165/_ per sq.mtr., and passed al award in Au,ard No.34/2O10 dated 02.06.20 1O. Being not satisfied over thc said quantum in the Award, the petitioners filed L.A.O.P.No. 1 of 2Ol2 before principai District ,Iudge, Gad\^,al which was allorved on 15.04.2014. Being not satisfied over the same, petitioners have filed LAAS.No.125 of 2O15 before this Court and the same was allolr,ed on 2T .09.2022 Clhallenging the same, respondent/ State preferred SLp before the Hon,ble Supreme Corlrt which was dismisse d, on 12.O9.2024. Thereafter, petitioners filed E.p.No.36 of 2O2S in L.A.O.p.No. 1 of 2Ol2 for pal'ment of enhanced compensation, which is pending for consideration. Challenging the same, the present r,r-rit petition is filed.
4. Today when the matter has been taken up for hearing, learned counsel for the petitioner submits that in similar - circumstances this Court in W.P.No. 12837 of 2023 dated J 28 .04 .2023 , passed the following order:- "S.Hauing regard to the same, the Wit petition is disposed of and respondent I[o.5 ls directed to deposit the decretal amount in terms of the order and decree, dated 30.03.2011, passed in O.P.No.65 of 2009 bg tLrc Senior Ciuil Judge, Gadwal, to the credit of E.P.No.S of 2023 tn O.P.No.65 of 2009 on the file of Senior Ciuil Judge, Gadu.tal, as expeditiouslg as possible, at any rate within a period of four (4) months from the date of receipt of a copg of this order. TtLere shall be no order as lo 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 lor 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.12B37 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.1 of 2012, on the file of Principal District 4 Judge at Gadwal, to the credit of E.p No.36 of 2O2S in L.A.O.P No.1 of 2Ol2 on the file of principal District Judge at Gadwal, as expeditiously as possible, at any rate within a period of four (4) months from the date of receipt of a copy of this order. B. Accordingly, this writ petition Miscellaneous applications, if any pending, No order as to costs. ls disposed of. shall stand closed. To, //TRUE COPYII SD/-MOHD. ISMAIL D PUTY REGISTRAR ISECTION OFFICER I \ \
1. One CC to Sri R. Radha Krishna Reddy, Advocate [OPUC] 2. Two CCs to Gp fo, t t for the Stare of retanga"ni,ii ily;;;ili61?i. ly;":r?io6r}ir?P for Finance' High court for the State of retansana, at l11O,r1ion. And Command Area Devetopment, High Court rtY,X!*:: ]ifir9.:,:"JliSlr+cquisition, High court ror the State or
5. Two CD Cooies TJ GJP ^5 i HIGH COURT DATED:2310412025 o* 1r' L l, 14 ( | oZ i;,ty zW 1 r.,Htso * * l' f, ORDER WP.No.12188 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS e#u'' s { I I t {