High Court · 2025

2. Smt. Nlunawar Sultan Khatoon, W/o Abdul lVloiz Khan, aged about 60 years, Occ Household, Rl/o Jillellapad Village, Alampur Mandal, [/lahabubnagar District. ...PETITIONERS AND 1 2 3 The State of Telangana, represented by Principal Secretary, Revenue (LA) Department, Telangana Secretariat, Hyderabad-500 022. The State of Telgnana, Rep. by Principal Secretary, lrrigation and CAD Department, Telangana Secretariat, Hyderabad-500 022. The Special Deputy Collector - cum Land Acquisition, Officer, SSP, Wanaparthy, lvlahatiubnagar District. ...RESPONDENTS 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 lssue a Writ, Order, Order or direction more particuiarly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in not paying the compensation of Rs.88,92,199/- in pursuance of the Judgment and decree dated 6.3.1995 passed in O.P. No. 19 of 1985 and O.P. No. 14 of 1985 on the file of the Court of Principal Senior Civil Judge, Gadwal, as illegal, arbitrary and unjust and contrary to the principles of Natural Justice. l.A. NO: 1 OF 2016(WPMP. NO: 46016 OF 2016) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court tnay be pleased direct the Respondents herein to pay the compensation of Rs.BB 92,1991- in pursuance of the Judgment and decree dated 6.3.1995 passed in O.F). No. 'l 9 of 1985 and O.P. No. 14 of 1985 on the file of the Court of Principal Senior Civil Judge, Gadwal, pending disposal of the above Writ Petition. Counsel for the Petitioner : SRI M.R.S.SRINIVAS Counsel for the Respondents No.1&3 : GP FOR LAND ACQUISITION Counsel for the Respondent No.2 : GP FOR lRRl AND Col1il M AREA DEV The Court made the following: ORDER THE HONOURABLE SRI WSTICE N.V. SHRAVAN KUMAR ORDER: Writ Petition No.3734O of 2OL6 Heard, learned counsel for the petitioner and learned Assistant Government Pleader for Land Acquisition appearing for respondent Nos.1 and 3; learned Assistant Government Pleader for Irrigation appearing on behalf of respondent No.2. With their consent this writ petition is taken up for disposal.

2. This writ petition has been filed seeking the following prayer:- "declaing the action of the Respondents in not paging the compensation of Rs.88,92,199/- in pursuance of the Judgment and decree dated O6.03.1995 passed in O.P.No.19 of 1985 and O.P.No.14 of 1985 on the file of the Court of Principal Senior Ciuil Judge, Gadwal as illegal, arbitrary and unjust and contrary to the principles of natural justice.'

3. Brief facts stated in this writ petition are that petitioners claims to be absolute owners and possessors of land to an extent of Ac.7-62 Vz cents in Sy.No.7O, situated in Jillellapad Village, Alampur Mandal, Mahabubnagar District. The said land was acquired by way of Section 4(1) notification dated 30.05.1974 and an award was passed uide Award No.SO of 1979 dated 1 ) 2

14.11.1979. Thereafter, the matter was referred under Section 18 of the Land Acquisition Act and the sarne \,! as numbered as O.P.No.19 of 1985. The said O.P was allowecl enhancing the compensation. Thereafter, decree in O. P. No. 1 9 of 1 985 was modified by order dated 20.12.1995 in I.A.No 827 of 1993 in terms of G.O.Ms.No.234 I&CAD Department cle:ted 15.10.1993. When the said compensation was not paid, petitioners have filed E.P.No.1002 of 2OO7 on the file of Senior Civil Judge, Gadwal The other lands of petitioners were acquired and award was passed uide Award no.59 of 1979 dated 07.09.1979 which was subject matter of O.P.No. 14 of 1985 and the said O.P. was also decreed on 06.03.1995 and was amended uide order dated

20.12.1995 in I.A.No.825 of 1995. The main ;prevance of the petitioners is that their substantial rights in the land have gone by virtue of Land Acquisition and they are deprived of compensation for the last 42 years as the notification was issued on 30.05.1974. Questioning the same, the presr:nt writ petition is filed.

4. A counter affidavit has been filed by respondent No.3 i.e., Special Deputy Collector, Land Acquisition, Jogulamba Gadwal District stating that as per E.P.No. IOOI l2OO7 O.P.No. 14 I 1985, the decree holders are entitled with 1n 3 compensation of Rs.2,80,944/- and as per E.P.No.1O02l2OOZ ln O.P.No.19/1985, the decree holders therein are entitled to I I Rs.66,85, 139/-. After cross verification with reference to the award proceedings ald calculation statement made as per the order passed by the Reference Court, the decree hold'ers in E.P.No.lOOl/2OO7 are entitled with an amount of Rs.3,73,683/- I I and the decree holders in E.P.No.IOO2 l2OO7 are entitled with an amount of Rs.40,03,751/-. As such the proposals are submitted to the Special Deputy Collector, Bheema Project, Mahabubnagar District uideletter dated 23.1I.2016 for onward transmission to the Government for release of compensation.

5. Recording the submission made by learned counsel appearing on either side, this writ petition is disposed of directing the respondent authorities to deposit the decreetal amount in terms of the order and decree, passed in O.P No.14 of 1985 and 19 of 1985, by the Senior Civil Judge at Gadwal, to the credit of E.P No.1OO1 of 2OO7 and E.P.No.1OO2 of 2007 respectively at any rate within a period of three (3) months from the date of receipt of .:&t atcopy of this order. .li 4

6. With the above directions, this writ petition is disposed of Miscellaneous applications, if any pending, shall stald closed. No l order as to costs. //TRUE COPY// SD/. AH ED BDULLA KHAN ASI\l T NT REGISTRAR CTION OFFICER To, 2 l) 4 t) 7 1 The Princioal Secretary, Revenue (LA) Department, Telangana Secretariat' State of T6langana, Hyderabad-500 022' The Principal Secretary, lrrigation and CAD D-ep^artme nt Telangana Secretariai, State of Telangana. Hyderabad-suu uzz The Special Deputy Collector - cum Land Acquisition Officer' SSP' Wanaiarthy, Mahatiubnagar District' One CC to SRI M.R.S.SRINIVAS, Advocate. [OPUC] TwoCCstoGPFoRLANDACQUlSlTloN,HighColrrtfortheStateof Telangana at HYderabad. [OUT] TwoCCstoGPFoRlRRlANDCoMIMAREADEV,llighCourtfortheState of Telangana at HYderabad- [OUT] Two CD Copies. BSK GJP HIGH COURT DATED:03;10712025 ) o\- -:t \ 2 3 st't nrq t)tl.q r ORDER WP.No.37340 of 2016 DISPOSING OF THE WRIT PETITION WITHOUT COSTS