The High Court · 2025
Case Details
Acts & Sections
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 amount in E.p. No. 39 of 2oz3 as per the Judgment and Decree in L.A.o.P.No.91 of 2010 dated 28-4-2o22 on the file of the Senior civil Judge court, Miryalaguda, as illegal, arbitrary and violative of Article 300-4 of the constituiion cf lndia and consequenfly direct the Responcents No..l to S herein to deposit 50 r)rsrcentage of the decreetal amount in L.A.o.F, No.91 of 2010 dated 28-4-2022 as per the orders of this Hon'ble court passed in l.A.No. 3 of 2023 in L.A.A.S. N o. 3 7 of 2023 dated 26-1 2-2023. lA NO: 1 OF 2o2s Petition unde,r' S ection 151 cpc praying that in the stated in the affidavit filed in support of the petition, the High court rnay be pleased to deposit 50% of the decreetar amount in E.p.No. 39 of 2023 in t-.r\.o.p.No.91 of 20'10 dated 21-a.-i::-c12'2. as per the orders of this Hon'bre cc,urt [rass,-.d in r.A.No. 3 of 2023 in L.A.A.S.l\().67 of 2o23 dated 26-12-2023 on the fite of tre Senior civit Judge Court, Miryalagrrrda, pending disposal of the main writ petitior. 'ircumsti,rnces Counsel for the Petitioner : Ms.plNGALl LAKSHMI Counsel for the Respondent No.1 : ASST. Gp FOR ROADS BL[LDtNGS c o u n s e I f o r th e Re s o o n d e n t N o. 2, iE f iB1r;,Iil..?r**Jrfli *, * o counsel for the Reslrcndent No.3Tos : ASST. Gp FoR LAND AceurslroN The Court made the following: ORDER THE HONOURABLE SRIIUSTICE N.V.SHRAVAN KUMAR WRITPETITION No.77776 of 2025 ORDER Heard learned counsel for the petitioners and Sri_R.pool Singh Naik, learned Assistant Government pleader for Road and Building 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.
2. This writ petition is filed seeking foliowing prayer: "to dtclare the action of the Respondents in not tlepositing the compensation amount in E.P No.39 of 2023 ns per the ludgment and Decree in L.A.O.P N0.91 of 2070 rtated 28.04.2022 on the fte of the Sen_ior Ciztil ludge Court, Miryalaguda, as illegal, arbiirary antt aiolatiae of Article 300-A of the Constitutiin of lnilii and co_nsequently direct the Respondents No.1 to 5 herein to deposit 50% of the decretal amount in L.A.O.p No.91 of 2010 datetl 28:.4.2022 as per thz orders of this Hon'bLe Cnurt passed in LA No.3 of 2023 in L.A.A.S No.67 of 2023 dnted 26.12.2023 ." 3 Brief facts in this writ petition are that the respondent authorities had acquired the petitioners' land for the purpose of formation of Ayacut road, Miryalguda to Takkelapahad Village from KM 0.000 to 0.9g0. Thereafter, respondent authorities under section 4(1) of the r-and Acquisition Act, issued draft notification dated 29.Ob.1992 and subsequently, an Award bearing No.37 of 7993 dated 01.12.1993 was passed. Aggrieved by the award dated
01.-12.7993, petitioners made applications under section 1g of the Land 2 .l Acquisition Act :rrl the same was numbered as L A'O ['No 91 c'l' 2010 The learned Senicr Cir i Judge, Miryala gtda, ztide Judgrnent and D rcrce dated
28.04.2022, ennanccd the compensation. Challenging the Judgrnent and Decree dated 28.04.2tr21), ft spondents preferred appeal bearing L.A.A S.No.67 of 2023 ' and this Court I irl,: crcler dated 26.12.2023 in I.A.No 3 of 2023 in L \'A S No'67 of 2023, direr:tt'd the respondents to deposit 50% of the arnourrt, rvithin a period of eight ,0t) rvecks from the date of order.
4. Learnecl corr,rsel for the petitioners submits that tht: Pclitioners fol realization of tl,rclce tal amounts, filed E.P.trlo.39 of 2023 bcfore: thc Senior Civil Judge at Miryela'1rda. However, till date the same is rLot elepo rited by the respondent N o 5 l';lgrieved by the Same, this writ petition is l'iled Learne d ci r.Lrrsel for the petitioners had drawn atlenti()n ol: this Court 5. to ludgmenr pa ss:d in Abimidipati Annapoorna Bhavani Vs' Land Acquisition l]l f i,:er', Yeluru Reservoir Project Peddapuram, Eas': Godavari, A.P, and othersr, a herein direction was given to the respondenl authorities therein to clerro;rt the compensation amount. Learned <:ounr;el for the petitioners frtrlhe r ";ubmits that while dealing with the similar c lcumstance this Court ir lV I1.1o.12425 of 2025 aide otder dated 24.04 11025, passed the following ortle ': "Re;o amg tlte submission made by leatned counsel aplentiltg on eithtt' s,rl,' and in terms of the order dated 10.01.11024 passtd ttt W.t'.1!c..t97 of 2024, this uit petition is disposed of tlilectir g the respot d.ttt ortthoities to deposit 50% of decreetaL atnount in ierms ,2005(3)ALT -it33 l.B) t_ 7 J of the order dated 24.07.2024 passed in l.A.No.3 of 2024 in L.A.A.S.No.4 of 2024, to the credtt of E.p No.S6 if ZOZS i, L.A.O.P.No.37 of 2016, on the fle of the-pincipal Distict [udge at at any ra'te within a perioa o1 ,",r0*:1,-!t .possible, lhree (03) months from the dale o[ receipt ol a copy of this order and communicate tht same to the petitioners.,, expedi tiously. as I I 6 Learned counsel for the petitioners submits that inspite of the interim order datecl 26.72.2023 in I.A.No.3 of 2023 in L.A.A.S.No.67 of 2023, tne respondent authorities have not deposited 50% the decreetal amount ti today and pray this Court to direct the respondent authoribies herein to deposit the decreetal amount in E.p.No.39 of 2023 in L.A.o.p.No.91 of 2010 on the f e of the Senior Civil Judge at M iryalagtda, in a time bound period.
7. Learned Assistant Government pleader appearing for respondents submits that appropriate orders be passed in this writ petition.
8. Recording the submission made by learned counsel appearing on either side and in terms of the order d,ated 24.04.2025 passed in w.p.No.1242s of 2025, this writ petition is disposed of directing the respondent authorities to deposit 50% of decreetal amount in terms of the order dated 26.12.2023 in I.A.No.3 of 2023 in L.A.A.S.No.67 of 2023, to the credir of E.p.No.39 oI 2023 in L.A.O.P.No.91 of 2010 on the file of the the Senior Civil Judge at Miryalaguda, 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. 4 1
9. Accor,In1;,r-, this writ petition is dispose,d of. \4iscellaneous applicatiors, i1 ant, pending, shall stand closed. No order as to (osts. To, //TRUE COPY// SD/. N. CHAI\IDRA SEKHAR DEPUTYRTISTRAR SECIPNOFF|CER
1. The Print:ipal lir:cretary Roads and Buildings Secretariat Sa fabad, State of Telangana, F1'7rii:rabad
2. The Principa S;ocretary (Finance Department) Secrelariat Bui ding, Saifabad, State of Tela,rc a na. Hyderabad
3. The Com'nis:;i()ner of Land Revenue, C.C.L.A., Nampally, Hydr;rabad. 4. The District ct() lector, Nalgonda, Nalgonda District. 5. The .Land Ar;rpuisition Otficer I Special Deputy Collector. AMRp Unit l Gandamavar t;udem Nalgonda, Nalgonda Distiict.- 6. One CC to l'r/s. rlNGAL| LAKSHMt, Advocate. tOpUCl 7. Two CCs to (;r FOR ROADS BUILDINGS, High Court fcr the State of Telangana [OLl--]
8. Two CCs kr (13 FOR FINANCE & PLANNING, High Courl fcr the State of Telangana irt l-lyCerabad. [OUT]
9. Two CCs tr C;t, FOR LAND ACQUISITION, Telangana :rt ll yJerabad. [OUT] High Court fc r the State of
10.Two CD C opie s. BSK HIGH COURT DATED:25106t2025 CO TODAY ORDER WP.No.17776 of 2025 --'-:.7 r-\ lr l:: :; ,4 (-( tl - lir I 20z5 z --Y(, 1'-) . ..1 .;/ DISPOSING OF THE WRIT PETITION WITHOUT CCISTS \ U kT"'