High Court · 2025

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 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.567 of 2017 dated 12-04-2024 and E.P.No.7 of 2024 on the rile of the Principal / District Judge at Mahabubabad as iilegar, arbitrary and viorative of Articre 300-4 of the constitution of rndia and consequenfly direct the Respondents No..r to S herein to deposit the decreetar amounts as per the Judgment and decree in L.A.O.P.No.567 of 201T dated 12-04-2024 and E.p.No.7 of 2024. ! 1A NO: 1 OF 2O2s Petition under section r 51 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased to direct the Respondents No.1 to s herein to deposit the decreetar amounts as per the Judgment and decree in L.A.o.p.No.567 of 2017 dated 12-04-2024 and E.P.No.7 of 2024. Counsel for the Petitioners: M/s. plNGALl LAKSHMT counsel for the Respondent No.1: Gp FoR rRRl AND coMM AREA DEV Counsel for the Respondent No.2: SRI MOHD. NAVEED KHAN, AGp FbR counser ror the Respondent Nos.3 r"l ii}St SJliil}'X8nr,r,r,o* The Court made the following: ORDER THE HON'BLE SRI JUSTICE N.V. SHRAVAN KUMAR WRIT PETITION No.14 4O8 of 2o25 ORDER: Heard Sri Pingali Lakshmi, learned counsel for the petitioners and learned Assistalt Government pleader for Irrigation and Command Area Development appearing for respondent No. 1, Sri Mohd. Naveed Khan, iearned Assistant Government for Finance and planning appearing for respondent No.2 and Sri Somu Srinivas Reddy, learned Assistant Governmenl_ 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 Iiled seekr'ng following prayer: "declaring the action of the l?espond-ents in not depositing the compensation as per the Judgtment and Decree in LAOp No.567 of 2017 dated 12.04.2024 and EP.No.7 of 2024 on the .file of the Principal District Jud"ge at Mahabubabad os illegal arbitrary and NVSK,J W.P.No. I 44OB oI2O25 2 uiolqtiue of Article 3O0A of the Constitution of India rind consequentllt direct the Respondents No.l to 5 herein to deposit the decreetal amounts as per the Judgment ond decree in LAOP.No.567 of 2017 dated 12.04.2024 and EP.No.7 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 Calal of 21 lR of DBM-60 from KM 3000 to 8015 on KC Main under SRSP Stage-ll, situated within the limits of Maripeda village Thereafter, respondent authorities under Section a(1) oi the Lald Acquisition Act, issued draft notification dated O4.OL.2OO7 and subsequently, an Award No.4O/2008 2OO9 dated 26.O2.2OO9 was passed, wherein the compensation was fixed to Rs.6O/- per Sq. yard for category-I and Rs.48/- per Sq. yard for Category-Il lands. Aggrieved by the award dated 26.02.2009, petitioners made application under Section 18 of the Land Acquisition Act and the salne was numbered as L.A.O.P.No.567 of 2077. The Principal District and t NVSK,J W.P.No. 14408 ot 2025 ) Sessions Judge at Mahabubabad, uide Judgment and Decree dated 12.04.2024, enhanced the compensation by fixing Rs.35Ol- per Sq.yard for all category of lands hxed by the Land Acquisition Ofhcer. Challenging the Judgment and Decree dated 12.04.2024, respondent No.5 preferred appeal bearing L.A.A.S.No.98 of 2024, and this Court uide order dated 26.12.2024 in LA.No.2 of 2024 in L.A.A.S.No.98 of 2024, passed the following interim order:- "There shallbe stay ofthe order and decree dated 12.04.2024 passed by the learned Reference Court in L.A.O.P.No.567 of 2017, subject to the condition of the appellant depositing 50% of the amount awarded by the Reference Court tuithin a peiod of eight weeks from the date of receipt of a copA of thls order. On such deposit, the respondents are at libertg to withdrau the same."

4. Learned counsel for the petitioners submits that the petitioners for realization of decreeta-l amounts, liled E.P.No.7 of 2024 before the Principal District Judge at Mahabubabad. However, till date the salne is not NVSI(,.' W.P.No I44ofl of 2025 4 deposited by the respondent No.5. Aggrieved by the Same, ! this writ petition is filed.

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, yelerul, wherein direction was given to the respondent authorities therein to deposit the compensation amount. Learned counsel for the petitioners further submits that while dealing with the similar circumstance this Court in W.p.No.gg7 of 2024 vrde order dated 1O.O1.2024, passed the following order:- "5. Hauing regard to the same, the Writ petition is disposed of and the respond.ent No.S is directed to deposit the d,ecretal amount in terms of the order and d.ecree, d.ated. 15.02.2023, passed in L.A.O.p.No.S1 of 2O1S on the file of Addition.al Senior Ciuil Jud.ge, Gadutal, to the credit of E.p.No.11 of 2023 in L.A.O.P.No.81 of 2O1S on the fi.ie of the Additional Senior CiuiL Judge, GaduLal, as expeditiously as posslb le, at ang rate tuithin a '408(3)ALr -233 (LB) / NVSK.J W.P.No.l4408 of 2025 ) period of four (4) months from the date of receipt of a copg of this order. There shctll be no order as to costs."

6. Learned counsel for the petitioners submits that inspite of the interim order dated 26.12.2024 in I.A.No.2 of 2024 in L.A.A.S.No.98 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.7 of 2024 in L.A.O.p.No.567 of 2OlT on the file of the Principal District Judge at Mahabubabad, in a time bound period.

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

8. Recording the submission made by learned counsel appearing on either side and in terms of the order dated lO.Ol.2O24 passed in W.p.No.887 of 2024, this writ petition is disposed of directing the respondent authorities NVSI(,.' W P.No.14408 of 202 5 6 to deposit 50% of decreetal amount in terms of the order dated 26.12.2024 in I.A.No.2 of 2024 in L.A.A.S.No.98 of 2024, to the credit of tr.p No.7 of ZOb+ in L.A.O.p.No.567 of 2017, on the file of the principal District Judge at Mahabubabad, as expeditiously as possible, at aly rate within a period of three (03) months from the date of receipt of a copy of this ordcr anci communicate the same to the petitioners.

9. Accordingly, this writ petition IS disposed of. Miscellaneous applicatior-rs, if any penciing, shall stancl closed. No order as to costs. .r,-,,a?Ho{.iEA,Sr=RiI //rRUE coPYtt To 1 2 sEcTdN OFFTCER illii!:["38?iflig,i[!*io n a nd cAD Depa rtment, secreta riat, sa ira bad, l,l!iii{i13?S:llg,fl?:H Department Secretariat Buirdinss, Sairabad, 3 4 '6ifltJtrfl,*,5*x,iffi 5. l*flin'n$I,*fr-,*,,-,ffi?nx*,

6. 7. B. \9. 10 PSK. KV F;ii"flmp#ffi [tTrx::r j"j,::]." 1piffi':f +#S&i3;,ili3[i3]',63ffursrrroN' Hish court ror the state or HIGH GOURT DATED:0210512025 I ORDER WP.No.14408 of 2025 i I I I o,:" r'Ii:i,-1 :. I :',.\\s t. ,'j.l $* <a /./ ,] 4+ Ft a, a) ' 1!.1 1 I aa: :) rt- \1, ..) DISPOSING OF THE WRIT PETITION WITHOUT COSTS { l'