✦ High Court of India · 25 Apr 2025

1. C.S.Ramulu v. 1. The State.of Telangana

Case Details High Court of India · 25 Apr 2025
Court
High Court of India
Decided
25 Apr 2025
Length
1,605 words

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 lvlandamus declaring the action of the Respondents in not depositing compensation amounts to the Petitioners as per Judgment and Decree in O.P.No.'160/1987, 196i1986, 4711985, 39/1985, 3711985, 5211985' 25511987' 46/1985 29-8-1992, 26-4-199O, 24-3-1995 and E.P.Nos.3012016' 3112016' 32t2016, 33t2016, 34t2O16, 35t2016, 3612016 and 3712016 on the file-of the Senioi civil Judge at Jogulamba Gadwal as arbitrary, illegal and in violation of Article 300-A of the Constitution of lndia and consequently direct the Respondents No.1 to 5 herein to deposit the balance decreetal amounts as per the Judgment and decree in O.P.No.160t1987,19611986,4711985,39/1985, 3711985, 5211985' 255t1987, 46/1985 29-8-1992, 26-4-1990, 24-3'1995 and E.P.Nos.3012016' 31 I 201 6, 321 20 1 6, 33 I 2O1 6, 341 20 1 6, 35 I 201 6, 36 I 20 1 6 and 37 l2O1 6 lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circurnstances stated in the affidavit filed in support of the petition, the High court may be pleaged to direct the Respondents No.1 to 5 herein to deposit the decreetal amounts as per the Judgment and decree in O.P.No.160/1987, 196/1986,4711985' 39/1985, 3711985, 52t1985, 25511987, 46/1985 29-8-1992, 26-4-1590, 24-3-1995 and E.P.Nos.39/2016, 3112016, 3212016, 3312016, 3412016, 3512016, 36/2016 and 3712016 Counsel for the Peiitioner: SRl. S VENKATESHWAR REDDY Counsel for the Respondent No.1 : GP FOR lRRl AND COMM AREA DEV 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 7 THE HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR W'RIT PETITION No.12703 of 2025 ORDER: Heard learned counsel for the Petitioners and Learned Assistant Government Pleader for Irrigation and Comiirand Area Development apfearing for respondent No.1, Lcarned Assistant Government for Finance and Planning appearing for respondent No.2 and learned Assistant 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 dechre the action of tlu Respondents in not depositing compensation amounts to the Petitioners as per ludgment and Deciree in O.P No.16O/1987, 196/1986, 47/1985, 39/1985, 37/1985, 52/198, 255/1987, 46/1985 tlated 29.8.1.992, 26.4.1.990, 24'3'1995 and E.P Nos.30/2.016, 312016, 32/2016, 332016, 342016, 352016, 36/2.016 nnd 37p.016 on the fle of the Senior Ciztil ludge at logulamba, GadtL,al, as arbitrary, illegal and in oiolation of Article j00-A of the Constitution of lndia and consequently tlfuect tfu Respondenb No.1 fo 5 herein to tleposit the balance decreetal amounts as per tlu ludgment and clectee in O.P No.1'60/19 87, 7s6/1986, 47/1s8s, 39/1985, i7/198s, 52fi98, 25s/1987, 46fi985 dated 29.8.-1992, 26.4.1990, 24.3.-1995 and E.P Nos.39[2.016, s12016, s2/2016, 332016, 34/2.016, 352016, 36p016 and 372016."

3. Brief facts in this writ petition are that the respondent authorities had acquired the petilioners' land situated at Nandimalla Village for the purpose of construction of submergence in PJP. Thereafter, respondent authorities under Section 4(1) of the Land Acquisition Act, issued draft notification dated 7 \r \ -

26.09.198L and subsequently, an Award dated 31.08.1982 was passed, wherein the compensation was fixed to Rs.2"000/- per acre for dry land and Rs.5,000/- per acre for wet lands. Aggrieved by the award dated 31.08.1982, petitioners made applications under Section 18 of the Land Acquisition Act and the matter was ieferred to Civil Court and numbered as O.P.Nos.47, 39,37, 52 and,46 of 1985, 796 of1986, 160 and 255 of 7987. The Senior Civil Judge at |ogulamba, Gadwal, arde Judgments and Decree dated 26.04.1990,29.08.1992, and, 24.03.7995 respectively, enhanced the compensation. Challenging the judgments and Decree dated 26.04.1990, 29.08.1992, arrd 24.03.1995, respondent authorities preferred appeal bearing A.S.Nos.L958,7669,2191,1599 and 1968 of7997,705,10,325,68, 308 and 309 of 7992,372 and 275 of1994, and ]058 of 1996 and this Cotttoide order dated "16.02.1995,17.03.1,994,09.03.1994,

70.06.7996 and 02.11.7993 in I.A.No.3 of 2024 in A.S.Nos.1958, 1669,2197,1599 and 1968 of 799L,705, L0,325 68, and 309 of 7992, 372 and 275 of 1994 respectively, directecl the respondents therein to deposit the balance decretal amount.

4. [,earned counsel for the petitioners submits that the petitioners for realization of decreetal amounts, filed E.P.Nos.30,31,32,33,34,35,36 and 37 of 2016 before the Senior Civil Judge at Jogulamba, Gadwal. However, till date the same is not deposited by the responclent No.5. Aggrieved by the Same, this writ petition is filed. h I wo CD Copies 1_ 't Learned counsel for the petitioners had drawn attention of this Court 5. to Judgment passed in Abimidipati Annapoorna Bhavani Vs' Land Acquisition Officer, Yeluru Reservoir Project Peddapuram, East Godavari' A.P. and othersl, wherein direction was given to the respondent authorities therein to deposit the compensation amount. Learned counsel for the petitioners further submits that while dealing witti the similar circumstance this Court in W.P.No.887 of 2024 ttide otdet dated 10 01'2024, passed the following order:- "5. Haoing regard to tht same, tfu Wit petition is tlisposed of and tlu respoitlenl No.S is directed to tleposit the decretal amount in terms of the order and decree, dated '15.02.2023, passed in L.A.O.i.No.81 of 2015 on the fle of Additional Senior Cioil Judge, Gadu,al, to thz credit of E.P.No.11 of 2023 in L.A.O.P.No.81 of 2075 on the fle of ttrc Additional Senior Cittil ludge, Cadwal, as possibb, at any rnte ruithin a peiod of four (4) expeditiiusly months from the date of receipt of a copy of this order. There shall be no order as to costs." 'as

6. Learned counsel for the petitioncrs submits that inspite of the ordel dated1,6.02.19fi5, "17.03.1994,09.03.1994, 10.06-1996 and 02'11'1993 in I'ANo'3 of 2024 in A.S.Nos.1958, 1669,21,97,1599 and 7968 of 1991',705,70,325 ffi, and 309 of 1992,372 and,275 of 7994, the respondent authorities have not deposited balance decreetal amount till today and pray this Court to direct the respondent authorities herein to deposit the decreetal amount in E.P.Nos.3O, g1,32,33,34,35,36 and 37 of 2076, on the file of the Senior Civil judge at Jogulamba. Gadwal, in a time bound period. '2005(3)ALT -233 (LB) I I I I \ 4

7. Learned Assistant Government Pleader appearing for respondents submits that appropriate orders be passed in this writ 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.I'.No.887 of 2024, this writ petition is clisposed of directing the respondent authorities to deposit balance decreetal amount in terms of the Judgement and decree dated

29.8.7992, 26.04.1990, 24.03.7995, passed in O.P No.160/1987, 796/1,986, 47/1985, 39/7985, 37/1985, s2/198, 255/1,987, 46/7985, to the credit of E.P.Nos.3O, 31, 3|2, 33, 34, 35, 36 and 37 of 2016, on the file of the Senior Civil Judge at fogulamba, Gadwal, as expeditiously as possible, at any rate within a period of four (0,1) rnonths from the date of receipt of a copy of this'order and comrnunicate the same to the petitioners

9. Accordingly, this writ petition is disposed of. Miscellaneous applications, if any pending, shail stand closed. No order as to costs. \ //TRUE COPY// SD/.MOHD. ISMAIL T DEPUTY REGISTRAR / " seCrroru oFFtcER To, The Principal Secreta Secretariat, Saifabad, ry lrrigation and Command Area Devr:lopment Hyderabad

2. The Principal secretary Finance Department secretar,at Buildings, saifabad, Hyderabad

3. The Chief Commissioner Land Acquisition, Nampally, Hyderabad. 4. The District Collector, Wanaparthy District 5. The Land Acouisition officer, RLISp -il, pebbair, Head euarters wanaparthy Wanaparthy District

6. One CCto SRt. S VENKATESHWAR REDDYAdvocate tOpUCl 7. Ty! CCs to GP FOR tRRt AND COMM AREA DEV ,High Court for the Stare of Telangana. [OUT] \ B. Tvo ccs to GP for FTNANCE AND PLANNING, Hiqh court for the state of Telangana at Hyderabad. [OUT] , de) t "!*'l]x a e.' t(' ' 9 Two CCs to GP for Land Acquisition, High Court for the State of Telangana at Hyderabad. [OUT] i 0. Two CD Copies . -- - HIGH COURT DATED:2510,412025 I I ORDER WP.No.12703 of 2025 ;. 1f '' 1; 'i j a rl. !l (.) ) \ r z !) ?l,zs .a' .."....-: -.-./ DISPOSING THE WRIT PETITION WITHOUT COSTS OrPi" r5 \ n(

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