High Court · 2025

Judgment

1. 2 3 4 5. ...PETITIONERS ill,$.ffi IFNJils,fl;l;[i.l_,r,ff;,n:l{."::fi ;::t'J,tT::", inqi,J*p;i-fri=f,'".,,,;&Tt:lfililt"J;X11,.i11" ...RESPONDENTS

Petition under Arlicle 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 lhe nature of Writ of Mandamus declaring the action of the Respondents in not depositing compensation am n L A o p ,,,ro.6 2 or 2o18.",:J:.H"r::ffi1;::ffi"';:ffi:: :j::ffi; Judge Court at Wanaparthy as illegal, arbitrary and violative of Articte 300_A of the constitution of lndia and consequenay direct the Respondents No.1 to 5 herein to deposit the decreetal amounls as per the Judgment and decree,n L.A.o.p.No.62 of 2018 dated 1S-6-m23 and E.p.No.46 of 2023. IA NO: 10F 2025 Petition under Section '15.1 cpc praying that in the crrcumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondents No.1 to 5 herein to deposit the decreetat amounts as per the Judgment and decree in L'A O'P'No62 of 2023 dated 15-6-2023 and E'P No 46 of

2023. Counsel for the Petitioners: SRI' V' MANOHAR RAO Counsel for the Respondent NO 1 : GP FOR lRRl AND COMM AREA DEV counser ror the Respondent No 2' Counsel for the Respondent NO 3 TO i tnOp fOn UtlD ACQUISITION The Court made the following: ORDER "*'^:t#'"iTiliXft3g^P-BttLANNTNG / 1 THE HONOURABLE SRIIUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.73285 of 2025 ORDER Heard learned counsel for the petitioners and Learned Assistant Government Pieader for Irrigation appearing for respondent No.1, Sri.Mohd Naveed khan, learned Assistant Government for Finarrce and planning appearing for respondent No.2 and Sri.Somu Srinivas Reddy, Iearned Assistant Government Pleader for l,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 pr-.rr.cr: "to dzclnre the action of the Respondents irt trot rtepositing compensation fln@unts to the Petitioners s p(r lutlgment onrl Decree in L.A.O.P No.62 of 2018 dated 75.6)023 on tlu fle of the Pincipal Senior Ciail ludge Court at Wuutportlty, ns illegnl, arbitrary and oiolatbe of Article 300A of the ConstittLtion of Indin nnd consequently ilirect tlu Responfunts No.7 kr 5 lrcrein to deposit the decreetal amounts as per the ludgment aul tlecrae in L.A.O.p No.62 of 2018 dnted 1.5.6.2023 and E P No.46 oi 2023 "

3. Brief facts in this writ petition are that the lcsponclent authoritics had acquired the petitioners' land for the purpose of crca,,.ation of canal No.D-23 from Km 0.000 to Km 3.670 from Shankara Samuclram Balancing Rcservoir. Tl-rereafter, respondent authorities under St'ctior, !( I) of the Land Actluisition Act, issued draft notification dated 04.02.2013 antl subscquently, an Award clated 04.11.2013 was passed, fixing the markct r.'.rluc at Rs.55,000/- per acre for dry lands and Rs60,000/- per acre for jalu thari l.rncls and irrigated lancl. \- \ -"' 2 Aggrieved by the award dated 04 11 2023, petitioner made application under \''' Section 18 of the I-and Acquisition Act and the same was numbered as . L.A.O.P.No.62 of 2018. The Principal Senior Civil Judge at Wartaparthy ' aide ]udgment and Decree dated 15'06'2023, enhanced the compensation- Challenging the Judgment and Decree dated 15'06 2023' respondents preferred appeal bearing L.A-A.S.No-129 o( 2024, and this Cot:rt oide order dated "19.12.2024 in I.A.No.3 of 2024 in L'A'A S No 129 of 2024' directed the respondents to deposit 50% of the amount, within a period of eight (08) weeks from today. I I 1 Learned counsel for the petitioners submits that the petitioners for

4. realization of dccrcctal arnounts, filed E P'No 46 of 2023 before the Senior Civil ludge at Warnaparthy. However, till date the same is not deposited by thc respondent No.5. Aggrievcd by the Same, this writ petition is filed' Learned counsel Ior the Petitioners had drawn attention of this Court 5. to |udgment passctl in Abimidipati AnnaPoorna Bhavani Vs' Land Acquisition O(ficer, Yelttru Reservoir Project Peddapuram' East Godavari' A.P. and othersr, r.r'hcreit.t tlirection was given to the respondent authorities therein to cleposit thc compensation amount' Learned counsel for the petitioncrs furthcr subrnits that while dealing with the similar circumstancc this Court in W P.,\-o.l1121 of 2025 tide order dated 24'04'2025, passed the followir-rg orcler:- '2005(3)ALT -233 (LB) 3 _made " Recording the submission by lmrned counsel appening on either side and in terms of the order dated 10.0L.20i4 poruh i, W.P.No.887 of 2O24, this zorit ytition is disposed of directing the respondcnt authoities to deposit 50% of decreetal amount in terms of the order dated 24.07.N24 passed in l.A.No.3 of 2021 in L.A.A.S.No.4 of 2024, to ttu credit of E.p No.S6 oy ZOZS i" L.A.O.P.No.37 of 2016, on thc fb of the pincipal Distict ludge at Gadual, as expeditbusly_as at any rate within a p"n6d oy ,possible, three (03) months from the fute of receipt of a copy of this order and communicate the same to the petitioners.,,

6. Learned counsel for the petitioners submits that irspite of the interim order dated 79.12.2024 in I.A.No.3 of 2024 in L.A.A.S.No.129 ot 2024, the respontlent authorities have not deposited 50% the decreetal amount tilt today and prav this Court to direct the respondent authorities herein to c.leposit the decreetal amount in E.P.No.46 of N2i in L.A.o.p.No.62 of 201g on the file of the Senior Civil Judge at Warnaparthp in a time bound period.

7. Learned Assistant Government pleader appearing for respondents submits that appropriate orders be passed in this writ petition.

8. Rccorc{i^g the submission made by learned counser appearing on either sir'le:rntl i. terms of the order dated 2414.2025 passed in w-p.N..12{2i oi 202s, this r'rit petition is disposed of directing the respondent authorities to deposit 50 % ot tlccreetal amount in terms of the order dated '19.12.2024 passed in t.A-No l itf 2024 in L.A.A.s.No.129 ot 2024, to the credit of E.p No.46 of 2023 in L.A.O.l'].No.62 of 2018 on the file of the the Senior Civil Judge at Warnaparthy, .rs expcditiously as possible, at any rate within a periocl of tfuee (03) months frorn thc clate of receipt of a copy of this order a.cl communicate the same to the petrtioners- -t- i I I I I I I I I ,. ; I I I t t aI I ! I I I t I I i i i 1 4

9. AccordinglY, this writ Petitton applications, if any pending, shall stand closed No order as to costs' disposed of. Miscellaneous //TRUE COPY'/ SD/. A. JAYASREE ASSTSTANT REGISTRAR I It SECTION OFFICER To, ;ffitrmfrtrffifr#ffiuln*, *** e ?.*t *"H;Ssi fs{iH?+ in $3 #*liFlxtBEV ?'l'n^ cou rt ror the state *'** li$$$gi*''$l6;'*'**u*''*fir#'ft DD bm (v HIGH COURT DATED:2910412025 ORDER WP.No.13285 of 2025 R i t1la S;4 F4: o^ </ + t) 31 JUI 2M : : * 9e ,s -t' DISPOSING OF THE WRIT PETITION WTHOUT COSTS 16cop(4 g- --tilt' ' , I I I I I I I I I