67 years v. 1. The State of Telangana

Petition under Article 226 ot 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 Mandamus 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.2 of 2023 dated 15-3-2024 and EP. No.14 of 2024 on the file of the Additional Senior 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 decreetal amounts as per the Judgment and decree in L.A.O.P.No.2 of 2023 dated 15-3-2O24 and EP. No.14 of

2024. lA NO: 1 OF 2025 Petition under [)ection 151 CPC praying that in the circuntst;]nces stated in the affidavit filed in s rrport of the petition, the High Court may br: p'eased to direct the Respondents Nc .1 to 5 herein to deposit the decreetal antotrnts as per the Judgment and decre: in L.A.O.P.No.2 oI 2023 daled 15-3-202i4 artd ER No.14 of

2024. Counsel for the Petitioner(s):SRl. V MANOHAR RAO Counsel for the Resoondent No.1 : GP FOR lRRl AND COMM ARHA DEV Counsel for the Respondent No.2 : SRI.MOHD NAVEED KHAN AGP FOR FINANCE AND PLAI'INING Counsel for the Respondent No.3 TO 5 : SRI.SOMU SRINIVAS RE DDY,AGP FOR LAND ACQUISITION The Court made the following: ORDER i : I I I I I I I I i I I THE HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR 4 WRIT PETITION No.13222 of 2025 ORDER: . Heard learned counsel for the petihoners.and Learned Assistant Government Pleader for Irrigation appearing for respondent No.1, Sri.Mohd Naveed khan, learned Assistant Government for Finance and Planning appearing for respondent No.2 and 'Sri.Somu Srinivas Reddy, learned Assistant Government Pleader for Land acquisition appearing for respondent Nos.3 to 5. With the consent of the par:ties, the writ petition is being taken up for disposal at thc admission stage itself.

2. This writ petition is filed seeking following prayer: "to declare the actiott of lhe Respondents in not depositing compensation amounts to the Petitioners as per ludgment and Decree tn L.A.O.P No.2 of 2023 dated 15.03.2024 tnd EP No.14 of 2024 on the file of tlte Addiliorml Senior Ciztil Judge at logulamba GadtoaL ns arbitrary, illegal and in oiolation of Article 300A of the Constitution of lndia and consatytently direct the Respondtnts No.1 to 5 htrein to deposit the decreefal qmounts ns per the ludgment nnd decree in L.A.O.P No.2 of 2023 dated 15.03.2024 nnd EP No.14 of 2024."

3. Brief facts in this writ petition are that the respondent authorities had acquired the petitioners' lancl for the purpose of Ryalampadu Balancing Reservoir. Thereafter, respon<lent authorities under Section 4(1) of the Land Acquisition Act, issued draft notification dated 03.03.2013 and subsequently, an Award bearing No.31 of 2013 dated 14.12.2013 was passed, fixing the compensation toRs.70,476/- per acre for dry lands and Rs.85,476 per acre for ID lands. Aggrievecl by the ar.r,ard dated L4.12.2013, petitioner made |_, l l \ \ \ 2 application u1t(ler Slection 18 of the Land Acquisition Act alLc t} e same was numbered as l..A ().P.No.2 of 2023. The Additional Senio. {li zil Judge at fogulamba, Ciarlt, l, z,lde Judgment and Decree dated 15.03.202.l., e nhanced the compensation. CI ; llenging the Judgment and Decree da ed 15.03.2024, respondents [,refe l ed appeal bcaring L.A.A.S.No.72 of 2t)24, ,n I this Court aide order dak,d 22.10.2024 in LA.No.2 ol 2024 ir.r L.;\.A.li. rlo72 <>f 2024, directed the respc ndents to deposit 50% of the amourll, it'itl in a period of eight (08) wer:k- tl' r n today.

4. Learned co rrsel for the petitionels submits that thr, pc:itioners for realization o{ dr:ct:,:tal amounts, filed E.P.No.14 of 2024 bclr:.: t re pr.ir-rcrpal Senior Civil Ju:cgc at Gadwal. Hon ever, till date the sam.: is rilt r epositcd by the respondent No 5. Aggrieved by the Same, this writ pelition rs f:led.

5. Learnecl .ot nsel for the petitioners had drawn attellti()r o this Court to Judgment cas ;r:d in Abimidipati Annapoorna llhar a ri Vs. Land Acquisition Officr r, Yeluru Reservoir Project Peddapuram, I as1 Godavari, A.P. and othersl. .'rherein direction was giyen to the rcspon,-ltr:tt aulhorities therein to deposi the compensation amount. Learnccl c,r rns el {or the petitioners furthe, submits that while dealing with the simil,,. ci 'cumstance this Court in 'A'.P. \ o.12425 oI 2025 oide order dated 24.04.2):8, passed the following order ' I I i ' 2005(3)ALT -233 (t.B) ',.:t*tr&,: -) "Recording the submission made by learned aunsel appening on . etther side and in terms of the order dated 10.01.2024 passed in W.P.No.887 of 2024, this zorit 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 l.A.No.3 of 2024 in L.A.A.S.No.4 of 2024, to the credit of E.P N0.56 of 2023 in L.A.O.P.No.37 of 2016, on the fle of the Principal District ludge at Gadanl, as expeditiously as possible, at any ratq within a peiod of three (03) months from tfu date of receipt of a copy of this ordzr and communicate the same to the petitioners , I

6. Learned counsel for the petitioners submits that inspite of the intedm order dated 22.1,0.2024 in I.A.No.2 of 2024 in L.A.A.S.No.72 ol 2024, the respondent authorities have not deposited 50% the decreetal amount till today and pray this Court to direct the respondent authorities herein to deposit the decreetal amount in E.P.No.14 of 2024in L.A.O.P.No.2 of 2023 onthe file of the Principal Senior Civil Judge at Gadwal, in a time bound period.

7. Learned Assistant Government Pleader appearing for respondents submits that appropriate orders bc passecl in this writ petition.

8. Recording the submission made by learned counsel appearing on either side and in terms of the order dated 24.04.2025 passed in W.P.No.12425 o12025, this writ petition is disposed of dirccting the respondent authoriiies to deposit 50% of decreetal amount in terms of the order dated 22.10.2024 passed in I.A.No.2 of 2024 in L.A.A.S.No.72 of 2024, to the credit of E.P No.14 of 2024 in L.A.O.P.No.2 of 2023 on the file of the Principal Senior Civil Judge 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 tlts order and communicate the same to the petitioners. 4

9. Accorcli;rgl v. this writ petition is disposed of. V iscellaneous i> applications, if an r pending, shail stand closed No ordei as io (to its. /TTRUE COPY// SD/.A. SRINIVASA REDbY ASSISTANT REGISTRAR SECIION qFFICER To, 1 . The,Principal Secreta 1/ lrrigation and CAD Department, Secretariat, {:;aifabad, Hyderabad,The State of Telangana

2. The State of Telanga'ra, Rep by its Principal Secretary Finance Depa'tment Secretariat Buildings, [iaifabad, Hyderabad

3. The Chief Commissic ner Land Acquisition, Nampally, Hyderabac . 4. The District Collector .logulmba Gadwal District. 5. The Special Deputy ( c,llector (LA)/ Land Acquisition Officer, L.A,U 1it, Jawahar Lift lnigation Project,Gad'rua1, Jogulamba Gadwal District. 6. One CC to SRl. V I/,\NOHAR RAO Advocate [OPUC] 7. Two CCs to GP FOF lRRl AND COI\/M AREA DEV ,High Court fcr tlre State of Telangana. [OUT]

8. Two CC's to SRI t\{ollD NAVEED KHAN,AGP FOR FINANCE AN ) t'LANNING. [OUI

9. Two CC's to SRI SOf IU SRINIVAS REDDY,AGP FOR LAND ACCUI:ilTlON.[OUT] 10.Two CD Copies DD LS HIGH COURT DATED:29104t2O25 \,i ''1, .9 ,7_ \,) !i. i,il o,\ Nc \\ 1,.r, ORDER WP.No.13222 ot 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS s ),t, )