The High Court · 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 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.Nio.624 of 2015 dated 12- 04-2024 and E.P.No.6 of 2024. Counsel for the Petitioner : SRI PINGALI LAKSHMI Counsel for the Respondents No.1 : GP FOR lRRl AND COMM AREA DEV counserrortheRespondentsNo'2'i8f 13[';NlIt"?o*^Jfli*,*n counser for the Respondents No'3tot' isli.SH?3['Hyr[t-tE'*' The Court made the following: ORDER THE HON'BLE SRI JUSTICE N.V. SHRAVAN KUMAR I WRIT PETITION No.1429O of 2o25 ORDER: Heard Sri Pingali Lakshmi, learned counsel for the petitioners and learned Assistant Government Pleader for Irrigation and Command Area Development 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 parties, the writ petition is being taken up for disposal at the admission stage itself. Perused the record.

2. This writ petition is hled seeking following prayer "declaring the action o.f the Respondents in not depositinq the compensation os per the Judgment and Decree in LAOP.No.624 of 2015 dated 12.04.2024 and EP.No.6 of 2024 on the file af the Principal District Judge at Mahabubabad as illegal arbitrarg and &NVSK,J W.P.No 14290 oI2025 2 uiolatiue of Article 3O0A of the Constitution of India and consequentlg direct the Respondents ly'o. I to 5 herein to deposit the decreetaL amounts as per the Judqment and decree in LAOP.No.624 of 2015 dated 12.04.2024 and EP.No.6 of 2024.'

3. Brief facts in this writ petition are that the respondent authorities had acquired the petitioners' land for the purpose of excavation of SRSP Canal of L1 9L of DBI\4-60 from KM 0.000 to 5.065 under SRSP Stage,ll, situated within the iimits of Danthalapally village Thereafter, respondent authorities under Section a(1) of the Land Acquisition Act, issued draft notihcation dated

12.O9.2OO7 and subsequently, an Award No.42 of 2011 dated 29.08.2011was passed, wherein the compensation was fixed to Rs.60/- per Sq. yard for category-I, Rs.45/- per Sq. yard for Category-Il lands and Rs,BO,OOO/- per acre for Category-Ill lands. Aggrieved by the award dated

29.08.2011, petitioners made application under Section 1 of the Land Acquisition Act and the same was 8 numbered as L.A.O.P.No.624 of 2015. The principal 1 NVSK,J W.P.No.14290 or 2O25 3 District and Sessions Judge at Mahabubabad, uide Judgment arld Decree dated 12.04.2024, enhanced the compensation by fixing Rs.40O/- per'Sq.yard for all categories of lands fixed by the Land Ac{uisition Officer Challenging the Judgment and Decree dated 12.04-2024, respondent No.5 preferred appeal bearing L.A.A.S.No.96 of 2024, and this Cotxt uide order dated 25.1I.2024 tn I.A.No.2 of 2024 in L.A.A.S.No.96 of 2024, passed the following interim order:- "There shall be stag ofthe order and decree dated 12.04.2024 passed by the learned Principal District Judge, Mahabubabad (for short, 'reference Courl') itt L.A.O.P.No.624 of 2015, subject to the condition of the petitioner depositing 50% of the amount au.tarded bg the reference Court tttithin a peiod of eight weeks from todag. On such deposit, the resporudents are at liberty to rttithdrau the seme-"

4. Learned counsel for the petitioners sutrmits that the petitioners for realization of decreetal alrrounts, filed tr.P.No.6 of 2024 before the Principal District Judge at Mahabubabad. However, til1 date the salne is not NVSK,J w.P.No.14290 oI2O25 4 deposited by the respondent No.S. Aggrieved bv the Same, this writ petition is frled

5. Learned counsel for the petitioners had drawn attention of this Court to the Full Bench Judgment dated 04.03.2005 passed in Bhamidipati Annapoorna Bhavani vs Land Acquisition Officer, yelerur, wherein direction was given to the respondent authorities therein to deposit the compensation amount. I-earned counsel for the petitioners lurther submits that while dealing with the similar circumstance this Court in W.p.No.ggZ of 2024 vide order dated lO.Ol.2O24, passecl the following order: - "5. Hauing regard to the same, the Writ petition is disposed of and the respondent No..5 is directed to deposit the d.eiretal amount. in terms of the order and d,ecree, d.ctted 15.02.2023, passed in L.A.O.p.No.B1 of 2015 o1 lhe file of Additional Senior Ciuil Judge, GadusaL, to the cred.it of E.p.No.ll of 2023 in ,.+.9.P.N981 of 2015 on the fi[e of the Additional Senior Ciuit Jud.ge, Ga.dll)il, as expeditiouslg as possible, at ang rate within a I200s(3)ALT -233 (LB) NVSK,J W.P.No.14290 ot 2025 5 period of four (4) months from the date of receipt ofa copg ofthis order. There shall be no order as lo cosfs. "

6. Learned counsel for the petitioners submits that inspite of the interim order dated 25.11.2024 in I.A.No.2 of 2024 in L.A.A.S.No.96 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 decreeta-l amount in tr.P.No.6 of 2024 in L.A.O.P.No.624 of 2015 on the file of the Principal District Judge at Mahabubabad, in a time bound period.

7. Learned Assistant Government Pleader appearing for respondents submits that appropriate orders be passed in this writ petition. L Recording the submission made by learned counsel appearing on either side and in terms of the order dated 1O.O1.2O24 passed in W.P.No.887 of 2024, this writ petition is disposed of directing the respondent authorities I I I I NVSI(,.J W.P.No. 14290 of 2025 T 6 to deposit SOoh of decreetal amount in terms of the orcler dated 25.71.2024 in I.A.No.2 ot 2024 in L.A.A.S.No.96 of 2024, to the credit of E.P.No.6 of 2024 in L.A.O.p.No.624 of 2015, on the file of the principal'District Judge at Mahabubabad, as expeditiously as possible, at any rate within a period of three (03) months from the clate of receipt of a copy of this order and communicate the same to the petitioners.

9. Accordingly, this writ petition 1S disposed of Miscellaneous applications, if any pending, shal1 stancl closed. No order as to costs. //TRUE COPY// SD/- P. PONNA KRISHNA ASSTSTANT RE9TSTRAR , SECTIOAI OFFICER To, 1 . The Principal Secretary lrrigation and CAD Department, Secretariat, Saifabad,State of Telangana, Hyderabad

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

3. The Chief Commissioner Land Acquisition, Nampally, Hyderabad. 4. The District Collector, Mahabubabad District 5. The Special Deputy Collector (LA)/ Land Acquisition Officer, SRSP State I and II, Unitl, Warangal Presently the Revenue Divisional Officer, Thorrur, Mahabubabad District.

6. One CC to SRI PINGALI LAKSHM|, Advocate. [OPUC] 7. Two CCs to GP FOR IRRI AND COMM AREA DEV, High Court for the State of Telangana. [OUT]

8. Two CCs to GP FOR FINANCE & PLANN|NG, High Court for the State of Telangana. [OUT]

9. Two CCs to GP FOR LAND ACQUISITION, High Court for the State of Telangana. [OUTI

10.Two CD Copies. ,,i-tl' .g }- .\s l1 (' ,,r - .,/ a\ ^:,..// HIGH COURT DATED:0210512025 \, ir -l !,. a lJ .<. \ ORDER WP.No.14290 of 2025 .-ltr5i,;'r. ' \t-j-=/--./ DISPOSING OF THE WRIT PETITION WITHOUT COSTS b\