1. Dakya v. 1. The State of Telangana

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 toto 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 the compensation as per the Judgment and Decree in L.A.O.P.No.6'l of 2018 daled 6t6t2023 and E.P.No.45 of 2023 on the file of the Principal Senior civil Judge court at wanaparthy as illegal, arbitrary and violative of Article 3004 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.6'1 ot 2018 dated 61612023 and E.P.No.45 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 Judgment and decree in L.A.O.P.No.61 of 2018 dated 6/6/2023 and E.P.No.45 of 2023 Counsel for the Petitioners : SRl. V MANOHAR RAO Counsel for the Respondent No 1 : GP FOR lRRl AND COMM AREA DEV Counsel for the Respondent No 2 :GP FOR FINANCE AND PLANNING Counsel for the Respondent No 3 to 5 :GP FOR LAND ACQUISITION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.13289 of 2025 ORDER HcardlcarnedcounsclforthePetitionersancLearncdAssistant Governmcttt Pleader for Irrigation appearing for respondent No'1, Sri Mohd Naveecl khan, learned Assistant Government for Finance and Planning appcaring for respondent No.2 and Sri.Somu Srinivas Reddy' learncd Assistant Govcrment Pleacler for Land acquisition appearing for respondent Nos.3 to 5. With the conserrl of the parties, the writ petition is being takcn up for disposal at the admission stage itself.

2. This writ petition is filed seeking foilowing prayer: "to rleclnre the nction of the Resporulents in not depositing the compensntion as per thz ludgment and Decree in L'A'O'P No'61 of ZOIS datetl 6.6.2023 and E.P No.45 of 2023 on the fle of tlrc Principtl Senior Cittil ludge Court at Wanaptrthy, as illegal, nrbitrary tnd aiolatitte of Article 300A of the Constitution of [rulia mtl cotisequently rlirect tfu Respondents No.1 Io 5 lrcrein to tleposit thc tlcL:t'eetal amouttts os per tfu ludgment and riecree in L.A'O'P No.6'l of 2018 dttad 6.6.2023 nnd E P No.45 of 2023 "

3. Brief facts in this u,r.it petition are that the rcsponclent authorities had acquired the petitioners' Iand for the purpose of constructions of excavation of I)14 frorn KM 54.155 to KM 54.814 left main canal from Shankara Samudram Balancing Rescrvoir. Thcreafter, respondent authorities under Section 4(1) of the Lancl Acquisition Act, issued draft notification dated 27 '12'2012 and subsequently, an Award clated 28.06.2013 was passed, fixing the market value at Rs.55,000;!- Pcr acrc. Aggrieved by the award clatcd 28 06 2013, petitioner 2 --\s*Tffiil -.*'a*t& 1 -_' made application under section 1g of the Land Acquisition Act ancl the same was numbered as L.A.O.p.No.67 of 207g. The principal Scnior Civil Judge at Warnaparthy, z;lde Judgment and Decrec dated 06.06.2023, enhanced the compensation. Challcnging the Judgmcnt and Decree dated 06.06.2023, rcspondents preferrcd appeal bearing L.A.A.s.No.123 of 2024, and this Court aide order dated 77.'12.2024 in LA.No.3 of 2024 in L.A.A.S.No .723 of 2024, directed the respondents to deposit 50% of the amount, within a period of eight (08) weeks

4. Learned counscl for the petitioners submits that the petitioncrs for realization of decreetal amounts, filcd E.p.No.45 oi 2023 before the sc'ior Civir judge at Warnaparthr'. Llowc'er, till clatc the samc is,ot depositccl by thc respondent No.5. Aggrieved by the Same, this writ petition is filed. 5 Learned counscl for the pctitioners had drawn attention of this Court to Judgmcnt passccl in Abimidipati Annapoorna Bhavani Vs. Land Acquisition Officer, yeluru Reservoir project peddapuram, East Godavari, A'P' and othersl, whcrc'in directi.^ was gi'en to trre respondent authorities therein to cleposit thc compensation arrount. i_ca.rec.l counsel for the petitioners further subrnits that wh e dcaring witrr thc similar circumstance this Court in W.P.No.12425 ot 2025 ztitle or<iter dated 24.04.2025, passed thc following order:- ,2005(3)ALT _233 (LB) *_;F-ry \ J " Recording the submission made by Leorned counsel appeaing on eitlrr side and in terms of the order dated 70.01.2024 passed in W.P.No.887 of 2024, this rurit petition is disposed of rlirecting the respondent authoritrcs to deposit 50% of decreetal amount in terms of the order diled 24.07.2024 passed in l.A.No.3 of 2024 in 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 2016, on tfu file of the Principal District ludge at GadtuaL as experlitiously as possible, at tny rate within n peiod of three (03) montlu lronr the date of receipt of a copy of tltis order and contnnmicate tlt sune to the petitioners." I

6. Lcarned counsel for the pbtitioners submits that inspite of the interim order clatcd 17.12.2024 in LA.No.3 of 2024 in L.A.A.S.No.723 ol 2021, the responclent authorities have not deposited 50% the decreetal amount till today and prav this Court to direct the rcspondent authorities herein to deposit thc decreetal amount in E.P.No-45 of 2023 in L.A.O.P.No.61 of 2018 on the file of the Senior Civil Judge at Warnaparthy, in a time bound period

7. Learned Assistant Government Pleader appearing for respondents submits that appropriate orders be passed in this writ petition. tl. Rccording the subnrission rnadc by learned counsel appearing on cithcr side and in terms of the order dated 24.04.2025 passed in W.P.No.12425 o12025, this writ petition is disposed of directing the respondent authorities to deposit 50% of clecreetal amount in terms of the order dated 77.12.2024 passed in I.A.No.3 of 2024 in L.A.A.S.No.123 of 2024, to the credit of E.P No.45 of 2023 in L.A.O.P.No.61 of 2018 on the file of the the Senior Civil Judge at Warnaparthy, as expeditiously as possible, at any rate within a period of three (03) months from the date of receipt of a copy of this order and comrnunicate thc same to the petitioners. e-- 4

9. Accordingly, this writ petition is disposed of. Misccllaneous applications, if any pending, shall stantl closed. No order as to costs. x To, SD/.P.CH.N AGABHUSHAMBA PUTY REGISTRAR /ffRUE COPY// ECTION OFFICER

1. The Principal Secretary, lrrigation and CAD Department' Secretariat' State of Telangaria, Saifabad, Hyderabad'

2. The Principal Secretary, Finance Department' State of Telangana' Secretariat Buildings, Saifabad, HYderabad'

3.TheChiefCommissionerLandAcquisition'Nampally'Hyderabad' 4. The District Collector, Wanaparthy District' 5. The Special Deputy Collector (LA)/ Land Acquisition Officer' RLISP-ll' Pebbdir, WanaParthY District'

6. One CC to SRl. V MANOHAR RAO Advocate [OPUC] T.TwoCCstoGPFoRlRRlANDCoMMAREADEV,HighCourtfortheState of Telangana at HYderabad [OUT] 8,TwoCCstoGPFoRFlNANCEANDPLANNlNG,HighCourtfortheStateof Telangana at HYderabad [OUT] g.TwoCCstoGPFoRLANDACQU|SlTloN,HighCourtfortheStateof Telangana at Hyderabad [OUT]

10.Two CD CoPies 1 1 . One SPare CoPY cHS/BSK ( t HIGH COURT DATED:2910412025 1r IhE \' c, o * 2 E .lurv 2gg -\ \\ P4rcn Eo * ORDER WP.No.13289 of 2025 DISPOSING OF THE WIRT PETITION WITHOUT COSTS