✦ High Court of India · 29 Apr 2025

1. Pedda Golla Kurmaiah (Died) per LRs v. '1 . The State of Telangana

Case Details High Court of India · 29 Apr 2025
Court
High Court of India
Decided
29 Apr 2025
Length
1,465 words

Petition under Article 226 of the Constitution of lndia praying that in the aircumstances stated in the affidavit file.d th6rewith, 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 the compensation as per the Judgment and Decree in L.A.O.P.No.56 of 2015 dated 6-6-2023 and E.P.No.48 of 2023 on the file of the Principal Senior Civil Judge Court at Wanaparthy as illegal, arbitrary and violative 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.56 ot 2O15 dated 6-6-2023 and E.P.No.48'of 2023 lA NO: 'f 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.56 of 2015 dated 6-6-2023 and E.P.No.48 of 2023 Counsel for the Petitioners: SRI. V MANOHAR RAO Counsel for the Respondent No.1: GP FOR IRRI AND COMM AREA DEV Counsel for the Respondent No.2: SRI MOHD NAVEED KHAN AGP FOR FINANCE AND PLANNING Counsel for the Respondent Nos.3 to 5: SRI SOMU SRINIVAS REDDY AGP FOR LAND ACQUISITION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.13315 of 2025 ORDER: Heard learned counsel for the petitioners and Learned Assistant Government Pleader for Irrigation appearing for respondent No.1, Sri.Mohd Naveed khary learned Assistant Government for Finance and Planning appearing for respondent No.2 hnd Sri.Somu Srinivas Reddy, 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. 'i-his writ petition is filed seeking following prayer "to declare the action of the Responclents in not depositittg tlte anpensation as per tlu ludgment and Decree in- LAOP No.56 of 2015 dnted 6.6.2023 mrd E.P No.48 of 2023 on the file of tlr P rincipal Senior CioiL Judge Court at Wanapnrthy, ns iLLegaL, nrbitrary and aiolatioe of Article 300A of tlu Constiltrttotr oi lndit nnd consequently direct the Respondents No.7 to 5 lerein to deposit tlrc decreetal amounts ns per the ludgment and decrce in L.A.O.P No.56 of 2075 tuted6.6.2023 and E.P.No.48 of 2023."

3. Brief facts in this writ petition are that the respondent authorities had acquirecl the petitioners' land for the purpose of constructions of excavation of of Shankara Samudram Balalcing Reservoir. Thereafter, respondent authorities under Section a(1) of the I-and Acquisition Act, issuecl draft notificaiion dated 22.07.2013 and subsequently, an Awarcl clatecl 28.72.2073 rvas passecl, fixing the market value at Rs.90,000/- per acrc. Aggrieved bv the arvarrl tlatecl 28.12.n73, petitioner made application uuder Section 18 of the 2 tand Acquisition Act and the same was numbered as L.A.o.p.No.56 of 2015. The Principal senior Civil Judge at warnaparthy, oide Judgr;rent and Decrce dated 06.06.2023, enhanced the compensation. Challenging the judgment and Decree dated 06.06.2023, respo^dents preferred appeal bearing L.A.A.s.No.120 of 2024, and this Court oide order dated rg.1z.zo24 in I.A.No.3 of 2024 in L.A.A.S.No.120 of 2024, directed the respondents to deposit 50% of the amount, within a period of eight (08) weeks.

4. Learned counsel for the petitioners submits that the petitio^ers for realization of decreetal amounts, filed E.p.No.4g ol 2023 betore the senior Civil |udge at Warnaparthy. Howe'er, till date the same is not deposited by the respondent No.5. Aggrieved by the Same, this writ petition is filed.

5. Lcarned counsel for the petitioners had drawn attention of this Court to Juclgment passed in Abimidipati Annapoorna Bhavani Vs. Land Acquisition officer, Yeluru Reservoir proiect peddapuram, East Godavari, A.P. and othersr, wherein direction was given to the respondent authorities therei^ to deposit the compc^sation amount. Learned counsel for thc petitioners further submits that while dealing with the similar circumstance this Court in w.P.No.12rr25 of 2025 uide order dated 24.04.2025, passed thc following order:- "Recording tlrc suhrnission nmde by leamerl counsel appearing on either side nnd in tcrms of tht ord.er dnted. 70.01.20i4 pnrri,i i, W.P.No.887 of 2024. tlus it,rtt pctition is disposerl of dnecting thtt ,2005(3)ALT -233 (LB) J respondent authorities to deposit 50% of decreetnl amount in terms of the order dated 24.01.2024 pasxd in I.A.No.3 of 2024 in L.A.A.S.No.4 of 2024, to the credit of E.P No.56 of 202j in L.A.O.P.No.37 of 2015, on the fle of the Pincipal Distict ludge at Cadzoal, as expeditiously as possible, at any rate zuithin a peiod of three (03) months from the date of receigt of a copy of this order qnd communicate the same to the petitbners." {

6. Learned counsel for the petitioners submits that inspite of the interim order dated 78.72.2024 in I.A.No.3 of 2024 in L.A.A.S.No.720 of 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.48 of 2O'23 tn L.A.O.P.No.56 of 2015 on the file of the Scnior Civil Judge at Warnaparthy, in a time bound period.

7. l.carned Assistant Government Pleader appearing for respondents submits that appropriate orders be passed in this writ petition. iJ. Recorcling the submission made by learned counsel appearing on either side and in terms of the order dated 24.04.20'25 passed in W.P.No.t2425 o( ?025, this writ petitior-r is disposed of directing the respondent authorities to tlcposit 5096 of clecreetal amount in terms of the order dated 18.12.2024 passed in LA.No.3 of 202.1 in L.A.A.S.No.120 of 2024, to the credit of E.P No.48 of 2023 in L.A.O.['.No.56 of 2015 on tl-re file of the the Senior Civil Juclge at Warnaparthy, as expcclitiouslv as possible, at any rate within a period of tfuee (03) months from the date of receipt of a copy of this order and communicate the samc to the petitioners- 4

9. Accordingly, this writ petition is disposed of. Miscellaneous applications, if any pending, shalI stand closccl No order as to costs. //TRUE COPYII To, W1,,r* SD/.A.V.S.PRASAD REGISTRAR IECTION OFFICER

1. The Principal Secretary lrrigation and CAD Department, Secretariat, Saifabad, Hyderabad

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

3. The Chief Commissioner Land Acquisition, Nampally, Hyderabad. 4. The District Collector, Wanaparthy District. 5. The Special Deputy Collector, (LA)i Land Acquisition Officer RLISP-Il, Pebbair, Wanaparthy District.

6. One CC to SRI V MANOHAR RAO Advocate [OPUC] 7. Ttvo CCs to GP FOR lRRl AND COMM AREA DEV ,High Court forthe State of Telangana. [OUT]

8. Two CCs to GP for Finance and Planning, High Court for the State of Telangana at Hyderabad. [OUT]

9. Two CCs to GP for Land Acquisition, High Court for the State of Telangana at Hyderabad. [OUT] 1 0. Two CD Copies e b KK GJ .. --:-,::=:.-\ r_ -- J.-l ,^. -.a1 .,1 .t' ( 26N8M ,.,. i ,'. / ._,,, HIGH COURT , DATED:2910412025 ..: ORDER WP.No.13316 of 2025 {'1 .*jr. ,l DISPOSING THE WRIT PETITION WITHOUT COSTS \

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