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 an appropriate writ, order or direction more particularly one in the nature of Writ of [Vlandamus declaring the action of the Respondents in not depositing compensation amounts to the Petitioners as per Judgment and Decree in L.A.o.P.No.37 of 2016 24-4-2023 and EP. No.56 of 2023 on the fite of the principat District and Sessions Judge at Jogulamba Gadwal as arbitrary, illegal and in .violation of Article 300-4 of the constitution of lndia and consequenfly direct the Respondents No.1 to 5 herein to deposit the decreetal amounts as per the Judgment and decree in L.A.O.P.No.37 of 2016 24-4-2023 and Ep. No.56 of 2023 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 Respondents No.1 to 5 herein to deposit the decreetal amounts as per the J.udgment and decree in L.A.O.P.No.37 of 2016 24-4-2023 and EP. No.56 of 2023 Counsel for the Petitioners: SRl. S VENKATESHWAR REDDY Counsel for the Respondent No.1: AGP FOR ROADS BUILDINGS Counsel for the Respondent No.2: AGP FOR FINANCE AND PLANNING Counsel for the Respondent Nos.3 to 5: AGP FOR LAND ACQUISITION The Court made the following: ORDER I I THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.12425 of 2025 ORDER: Heard learned counsel for the petitioners and Learned Assistant Government Pleader for Roads and Buildings appcaring for respondent No.1, Learned Assistant Government for Finance and Planning appearing for respondent No.2 and learned Assistant Government Pleader for I-and 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 deckve tlrc actiotr of the Responfuflts in ,lot depositing compensation amounts to the Petitioners as per Jttdgment and Decree in L.A.O.P N0.37 of 2016 dated 24.04.2023 and EP No.56 of 2023 on the file of the Pincipal Disttict and Sessiorts Judge at logulamba, Gadroal, as arbitrary, illegal and in aiolation of Article 300-A of the Constitution of India nnd consequently direct the Respondents No.1 io 5 lrcrein to deposit the decreetal antounls as per the ludgment and decree in L.A.O.P No.37 of 2016 dated 24.04.2023 nnd EP No.56 of 2023."

3. Brief facts in this writ petition are that the respondent authorities had acquired the petitioners' land for the purpose of construction of outer ring road to Gadwal town. Thereafter, resPondent authorities trnder Section 4(1) of the Land Acquisition Act, issued draft notification dated 04.02'2013 and subsequently, an Award bearing No.16 of 2013 dated 15.06.2013 was passed, wherein the compensation was fixed to Rs.4,65,000/- Per acre. Aggrieved by the award dated 15.06.2013, petitioner made application under Section 18 of I { \r __-,, l 2 the land Acquisition Act and the same was numbered as [,.A.O.P.No.37 of

2016. The Principal District and Sessions fudge at Jogulamira, Gadwal, oide fudgment and Decree daled 24.04.2023, enhanced the compeltsation by fixing Rs.703/ - per Sq.yard as against the amount of Rs.4,65,000/ -per acre fixed by the land acquisition officer. Challenging the Judgment and Decree dated

24.04.2023, respondent No.5 preferred appeal bearing L.A.A.S.No.4 of 2024, and this Court zride order dated 24.01..2024 in I.A.No.3 of 2024 in L.A.A.S.No.4 of 2024, passed the following interim order:- "For the reasons stated in tlu accompanying affd.aztit, the order, dated 24.04.2023, Ttnssed in L.A.O.P.No.37 of 2016 by tlrc leanrL:d Pincipal District ond Scssions lutlge, logulamba Cadu,nl District, stands suspended, suhject to the condition tlut tle petitioner deposits 50% of the amount as ndjudicnted by the Court below, zoithin a peiod o.f eight (8) toeeks frott today. On such deposit, the respontlents nre d liberty to toithdratt llr stnr."

4. Learned counsel for the petitioners submits that the petitioners for realization of decrectal amounts, filed E.P.No.56 of 2023 beltrre thc Principal District Judge at Gadwal. However, till date the samc is not tleposited by the respondent No.5. Aggrieved by the Same, this writ petition is filed.

5. Learned counsel for the petitioners had drawn attention of this Court to the Full Bench judgment dated 04.03.2005 passed rt Bhamidipati Annapoorna Bhavani vs Land Acquisition Officer, Yelerul, wherein direction was 1;iven to the respondent authorities thereiu to deposit the compensation amount. Learned counsel for the petitioners iurther submits , 2005(3)ALT -233 (LB) I I 1 /' that while clealing with the similar circumstance this Court in W'P.No.B87 of 2024 ztide order dated 10.01.2024, passed the following order:- "5. Hauing regard to the same, tht Writ petition is disposed of and the respondent No.S is riirected to deposit the decretal amount in terms of the order and decree, dated L5.02.2023, passerl in L.A.O.P.No.B1 of 2015 on the fle of Additional Senior Ciail ludge, Gadtoal, to the credit of E.P.No,1L of 2023 in L.A.O.P.No.81 of 2015 on the fle of the Additional Senior Ciail ludge, GodToal, as eryeditiously as possible, at any rate within a period of four (4) months from the date of receipt of a copy of this order. There shall be no order as to costs."

6. Learned counsel for the petitioners submits that inspite of the interim order dated 24.07.2024 in I.A.No.3 ol 2024 in L.A.A.S.No.4 of 2024, the respondent authorities have not deposited 50% the decreetal amount till today and pray tl-ris Court to direct the responclent authorities herein to cleposit thc I decreetal amount in E.P.No.56 of 2023 in L.A.O.P.No.37 of 20L6 on the file of the Principal District Judge at Gadwal, in a time bound period. I

7. Learned Assistant Government Pleader appearing {or respondents submits that appropriate orders be passed in this n rit petition.

8. Recording the submission made by learned counsel appearing on either side and in terms of the order dated 10.01.2024 passed in W.P.No.8B7 of 2024, this writ petition is disposed of directing the respondent authorities to deposit 50% of decreetal amount in terms of the order dated 24.01.2024 passed in I.A.No.3 of 2024 tn L.A.A.S.No. of 2024, to the credit of E.P No.56 of 2023 in L.A.O.P.No.37 of 2076, on the file of the Principal District Judge at Gadwal, as expeditiously as possible, at any rate within a period of three (03) months from J_ 4 thc date of rer:eipt of a copy of this order and communicate the same to the petitioners

9. Accordinglv, this writ petition is disposed of. Miscellaneous applications, if an1. pending, shall stand closed. No order as to costs. To, \ //TRUE COPY// SD/.MOHD. ISMAIL DEPUTY REGISTRAR E TION OFFICER e /_

1. The Principal Secretary Roads and Buildings Department, Secretariat, Saifabad, Hyderabad

2. The Principal Secretary Finance Department Secretariat Buildings, Saifabad, Hyderabad

3. The Chief Commissioner Land Acquisition, Nampally, Hyderabad. 4. The District Collector, Jogulmba Gadwal District. 5. The Land Acquisition Officer / Revenue Divisional Officer, Gadwal Jogulamba Gadwal District.

6. One CC to SRl. S VENKATESHWAR REDDY Advocate [OPUC] 7. fwo CCs to GP FOR ROADS BUILDINGS ,High Court for the State of Telangana. [OUT]

8. Two CCs to GP for Land Acquisition, High Court for the State of Telangana at Hyderabad. [OUT]

9. Two CCs to GP for Finance and Planning, High Cou( for the State of Telangana at Hyderabad. [OUT] '1 0. Two CD Copies KKS GJP s HIGH COUFIT DATED:2410412025 - >l{rF ,I q f J 02 lil: 708 7 I :.eff\ ORDER WP.No.12425 ot 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS agq, ffi* i