✦ High Court of India · 24 Jun 2025

1. Gunda Rama Murthy v. The State of Telangana

Case Details High Court of India · 24 Jun 2025
Court
High Court of India
Decided
24 Jun 2025
Length
1,410 words

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 a writ order or direction more particularly one in the nature of writ of mandamus, declaring the action of the respondents in not depositing compensation amounts to the Petitioners as per Judgment and Decree in LAOP No. 16 of 2O2O dt. 111512013 and E.P.No. 13 of 2023 on the file of the R1 and Acquisition Rehabilitation, Resettlement Authority as arllitrary, illegal and rn violation of Article 300-A Constitution of lndia and ccnsequently direct the respondents 1 to 5 herein to deposit the Decreetar amounts as per the Judgment and Decree in LAOp No- 16 0f 2020. Dt- 11to5r2023 and i:.p.No. 13 0f 2023 0n the file of the Rland Acquisition Rehabiritation, Resetilernent Authority and in pursuance of the conditionar orders dt. o5to1t2o24 made i1 rA No. 2 0f 2024 in LAAS No.2 of 2024 by declaring the a&on of the respondents in not making the payment of the determined compensation amount IANO:1OF2 025 Petition under section 1s1 cpc praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High coi.rrt ma]/ be preased to direct the respondents 1 to 5 herein to deposit the decreetiir amounts as per the Judgment and Decree in LAop No. 'r6 of zo2o Dt. 11ro5t2c,23 ancr E.p.No. 13 of 2023 on the file of the Rland Acquisition Rehabiritation, Resetilemenr Authority pending disposal of the writ petition. Counsel for the Petitioners: SRI LOKIREV pRE ETHAM RET}DY Counsel for the Respondent No.1 and 6: Mr.Ru RURAL bhi AGP FOR PANCHAYAT RAJ DEVELOPMENT Counsel for the Respondent No.2: SRt POOL SINGH NAtK, ASp FOR ROADS AND BUILDINGS . Counsel for the Respondent No.3 to S: SRI SOMU SRINIVAS REDDy, AGP FOR LAND AC,eUtSlTtON The Court made the following: ORDER 1 THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.17626 of 2025 ORDER: Heard learned counsel the petitioners and Mr. Rubhi, "\ learned Assistant Government Pleader for Palchayat Raj appearing for respondent Nos. 1 and 6; Mr.Pool Singh Naik, learned Assistant Government Pleader for Roads and Buildings appearing on behalf of respondent No.2 and Mr.Somu Srinivas Reddy, learned Assistalt Government Pleader for Land acquisition appearing for respondent Nos.3 to 5. With the consent of ttre parties, the writ petition is being taken up for disposal at the admission stage itself.

2. The petitioners a-re aggrieved by the action of respondents in not depositing compensation amounts to the petitioners as per judgment and decree of the Land Acquisition, Rehabilitation and Resettlement Authority, CCLA, Nampally, Hyderabad in LAOP No. 16 of 2O2O dated 11.05.2023 and a consequential prayer is sought to deposit the decreetal amounts as per the judgment and decree in LAOP No.16 of 16 of 2O2O dated 11.O5.2O23 and E.P.No.13 of 2023. \ 2

3. Brref facts in this writ petition are that the respondent authorities had acquired the petitioners' land ,along with other Iands for the purpose of formation of road from 'venkertadripalem \hereafter, to Dilawarpur via Chintapallf. resporrdent authorities under Section l1(1) of the Land Acquisition lrct, issuetl draft notihcation dated 20.03.2016 and subsequentll , al Award was passed on 16.09.2017. Aggrieved by the award drrted 16.09.2017, petitioner rnade application under Section 6.1 of the Land Acquisition Act and the same was numbered as l_.A.O.p.No.16 of 2O2O. The said LAOP was allowed by enhancing the compensation uide judgment and decree dated 11.05.2023. Challenging the Judgment and Decree datr:d ll.OS.2023, respondents preferred appeal bearing L.A.A.S.No.t2 of 2024 before this Court, and this Court uide order dated e5.01.2024 in I.A.No.2 of 2024 in L.A.A.S.No.2 of 2024, directed the respondents to deposit 5Oo/o of the amount, witl-rin a period of eight (08) weeks. It is further submitted that fc,r realization of decreetal amounts, the petitioners herein filed E.I:,.No. 13 of 2023 before CCLA, Nampally, Hyderabad. However, cor.rpensation was not paid to the petitioners. Aggrieved by the s ame, this writ petition is file:d. / _/ J

4. Learned cor.rnsel for the petitioners had drawn attention of this Court to Judgment passed in Abimid,lpatl Anndpoorna Bhauani 7s. Land. Acqulsltlon Officer, yelunt Reseraotr Project Ped.d.apuram, East Qod.auari., A.p. and othersr, \ 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.I242S of 2O2S uid.e order dated 24.O4.2025, passed the following order:- "Recording the submission made bg learned. counsel appeaing on either side and in terms of the ord,er dated 10.01.2024 passed in W.p.No.887 of 202a, this writ petition is disposed of directing the respondent autharities to deposit S0o/o of d ecreetal amount in terms of the order dated 24.01.2024 passed. in LA.No.3 of 2024 in L.A.A.S.No.4 ol ZtZn, to the credit of E.P No.56 of 2023 in L.A.O.p.No.37 of 2016, on the file of the Principal District Judge at Gadu.tal, as expeditiously as possible, at any rate within a peiod of ttwee (03) months from the date of receipt of a copg of this order and communicate the same to the petitioners."

5. Learned counsel for the petitioners submits that inspite of the interim order dated OS.OL.2O24 in I.A.No.2 of 2024 in ' 200s(3)Aft>33 (LB) L.A.A.S.No.2 of 2024, t,r.r respondent authorities have not deposited 50% the decreetal amount till toda'/ and pray this Court to direct the respondent authorities herein to deposit the decreetal amount in E.P.No.1\ of 2023 on the file of Land Acquisition, Rehabilitation and Resettlement I'uthority, CCLA, Nampally, Ftyderabad in a time bound period.

6. l,ezrrned Assistant Government Pleader appearing for respondents submits that appropriate orders be passed in this writ petition

7. Recording the submission made by learned counsel appearing on either side and in terms of t.he order dated

24.O4.2025 passed in W.P.No.12425 of 2025, thjs writ. petition is I disposed of directing the respondent authorities 1o dbposit 50% of decreetal arlount in terms of the order dated 05.01.2024 passed in I.A.No.2 of 2024 in L.A.A.S.No.2 of 2024, to the credit of E.P.No.13 rrf 2023 on the file of the Land Acquisition, Rehabilitatic,n and Resettlement Authority, CCLA, Narnpally, 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 communicate the same to the petitioners. / 5

8. Accordingly, this writ petition is disposed of Miscellaneor.rs applications, if any pending, shall stand closed' No order as to costs. To, 1 2 The PrinciPal Secretary Telangana, HYderabad. The Principal Secretary Telangana, Hyderabad. The Chief Commissione Hvderabad. //rRU\COPY// SD/. L.VIJAYA LAXMI ISTANT REGISTRAR SECTION OFFIC ER (Panchayat R4), Secretari a ilding, The State of (RandB), Secretariat Building, The State of District. District r, Land Administration, Station Road, Nampally' 3 + ifiebistiict Collector, Nalgonda at Nalgonda District' 6. iil; Rijoiiri".".'trv 5ub-6ollector)/ LAo, Miryalasuda Mandal' Nalsonda o. in" Eiecrtive Engineer, Panchayat Raj Department, Miryalaguda' Nalgonda 7. il; Cb to Sri Lokirev Preetham Reddy, Advocate [OPUC] - B. i;; CCsio Op for Panchayat Rai fuqt Developm6nt' High Court for the - s. i;i"ct io inE-cp'ro, R6ios ano buildihgs, High Court for the State of 1o r;;'tst'id ii ;'cF f-G"d A6quisition, High Courtforthe state of Telanqana, at HYderabadlOUTl Telangana, at HYderabad[OUT] State of Telangana, at Hyderabad [OUTI \

11.Two CD CoPies T T J K B t HIGH COURT DATED:2410612025 \ I ORDER WP.No.17626 of 2025 (a' : / arE SEP 2ffi \. ,7 \- --r-/ I - _ DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,{

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