High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavlt filed therewith, the High Court may be ...RESPONDENTS pleased to issue an ap,propriate writ, order or direction, more padicularly one in the nature of Writ of lt/andamus, declaring the action of the Respondents in not depositing the compensation amount as per the Judgment and Decree in L.A.O.P.No.'109 of 20 13 dated 1210112024 on lhe file of the Hcn'ble Senior Civil Judge at Jagtial to tl-e credit of E.P.No. 12 of 2024 on the f ile of the Hon'ble Senior Civil Judge at.lagtial as illegal and violative of Article 1t\,21 and 300-A of the Constitution of lrdia and consequently direct the Respondents No.1 to 5 herein, to forthwith deposit the decretal amounts as per the Judgment and decree in L.A.O.P.No.109 of 2013 dated 1210112024 to the credit of E.P No.12 of 2024, on the file of the Senior Civil Judge at Jagtial. lA NO: 'f OF 2025 Petition under S,ection 151 CPC praying that in the circurnstances stated in the affidavit filed in sugrport of the petition, the High Court may br: pleased to direct the Respondents No.1 to 5 herein, to forthwith deposit the decretal amounts as'per the Judgment and decree in L.A,O.P.No.109 of 2013 dated 121O112024 to the credit of E.P.No12 of 2024, on the file of the Senior Civil Judge ;at Jagtial, pending disposal of the writ pet,tion. Counsel for the Petitioners: SRI LAKSHMAN KUMAR KASUGANTI Counsel for the Respondent No.1: AGP FOR FINANCE PLANNING Counsel for the Respondent No.2: SRt DARAVATH RAVI, AGP FOR IRRIGATION Counsel for the Respondent Nos.3 to 5: SRI SOMU SRINIVAS REDDY, AGP FOR LAND ACQIJISITION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.18247 of 2025 RDER Heard learned counsel for the petitioners and Sri.Naveed Khan, learned Assistant Governmcnt Pleadcr for Finance appearing for respondent No.1, Sri.Daravath Ravi, learned Assistant Government for Irrigation appearing for respondent Nrt.2 and Sri.Somu Srinivas Reddy, learned Assistant Governmcnt Pleader for Land acquisition appearing for respondent Nos.3 to 5. With their consent, the writ petition is being taken up for disposal at the admission stage itself.

2. This writ petition is filcd seeking following prayer: "to declare tlu nction of the Respondtnts in not depositing the compensation amouni as per the ludgrlent and Dectee in I'.A.O.P N0.109 of 2013 daterl 12.01.2024 on tle file of the Honourable Senior Cirtil ludge at [agtial to the credit of E.P No.12 of 2024 on the t'ite of tht HottotLrable Senior Ciail ludge at lagtial as illegal and oiolatioe of Articte 14,21 and 300-4 of the Constitution of India md consequently direct the Respondents No.1 to 5 herein, to fortfuoith deposit the dccretnl nmounts as per tfu Judgment tnd dectee in L.A.O.P No.109 of 20L3 dated12.07.2024to the creditof E.P No.12 of 2024 on the fle of the Senior Cbil ludge at Jagtial."

3. Brief facts in this writ petition are that the respondent authorities had acquired the petitioners' land for the purpose of excavation of flood flow canal at K.M.No.78.000 to 79.000 at Muthyampet village of Mallial Mandal of Karimnagar District under the provisions of the Land Acquisition Act, 1984- Thereafter, respondent authorities passed an Award in proceeding No'C/198 of 2005 dated 17.02.2009. Aggrieved by the award datedl7.02.2009. petitioners 2 made application under Section 1g of the Land Acquisition Act and the same was numbered as _, A.O.p.No.109 of 2013. Thc Senior Ci'il .ludge at ]agtial, aide Decree dated 1i1.01.2024, enhanced the compensation. 4 Learned counsel for the petitioners submits tl-rat the petitioners for realization of decre:tal amounts, filed E.p.No.12 of 2024 befor: the competent authority. Subscquu.tly, respondents had filed L.A.A.S. No.|32 of 2024 and this Court aide orcler dated 19.72.2024, granted stay on award d ated 12.07.2024, on a condition to pzrv 50% of the decrctal amount, within a period of eight (g) wceks. However, till today the same is not paid by the respondents. Aggrieved by the Same, thrs rvrit petition is fiicd. 5 Learned courLsel for the petitioners submirs that wh e clealing with the similar circumstance this Court in w.p.No.r+iso of 2025 z.ridr: order dated

02.05.2025, passed ttre following order:- "8. Recordirry thc submtssion made by learnerl counsel nppenring on eitlyr lde imtl in terms of the order datei '10.01.2024 pnssed in W.P.No.887 oj 2024, this utit torit petition is tlisposeLl oj rltrecting the responden ' authoities to fuposit S0% of decreetnl amtntnt in terms of tlrc order dated 25.11.2024 in I.A.No.2 of 2024 in L.A.A.S.No.96 o[ 2024, to ttu credit of E.p.No.6 o1 ZOZ+ i" L.A O.P.No 624 of 2015, on the file of the principal Distrtct Judge at Mahnbubabad, as expeditiously ns possible, atty rak: utithin a (03) months from tlrdate ol receipt of a coptl of this period of order and comt'utnicate the same to the petitioners..,, .thrrte

6. Learned coursel for the petitioners submits that inspitc of the order dated '19.12.2024 in l.A.A.s. No.132 of 2024, the respondent authorities have not deposited 50% the decreetal amount till today and pray this Court to direct the respondent autlrorities herein to deposit 50% the decreetar amount in l 1 I I I I i I I i I ! I i 'I t ; i I I I I I I I I J E.P.No.12 of 2024 in L.A.O.P.No.709 of 2013 on the file of the Senior Civil Judge at Jagtial, 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 terrns of the order dated 02.05.2025 passed in w.p.No.14290 of 2025, this writ petition is disposed of directing the respondent authorities to deposit 50% of decreetal amount in terms of the order dated. 79.T2.2024 passed in L.A.A.S. No.132 of 2024, to rhe credit of E.p.No.12 of 2024 in L.A.O.p.No.109 of 2013 on the file of the Senior Civil judge at Jagtial, as expeditiousiy 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.

9. Accordingly, this writ petition iS disposed of. Miscellaneous applications, if any pending, shall stand closed. No orde,r as tojg9'lr, //TRUE COPY// SD/.A. JAYASREE R GI ASSISTANT SECTI o tcE R To, 1 2 J 4 5 6 7 The Principal Secretary' Finance Department, Dr' B R Ambedkar Secretariat Buildinqs. The State of Telanqana' Hyderabad' iil"."pil;iJ"iGtillarv, rrrigition ino'cno Department' Dr' B R Ambedkar $;r;i;;iBrilo,ngs, flr" s-tate of relangana, Hlderabad ;h;'cil;ib;mri."Sion., ot GnJnominiitration, telangana state' Nampallv Station Road, Abids' HYderabad ih" Oittri"t Collector, Jagtial, Jagtial District' iiiE Si,tiir'r G;;[;;;;. P;6."i trv xno*n as rne sbeciatDepu^tv collector' LA RandR lrrioation Proiect, Dharoor Uamp, Jagtial, Jagtial Disrtict-5050327 ' ir"%-iE'tl'Eri Gk.hr; Kumai Kaiuganti, Advo-cate [oPUC] -- . i;; Ca. i" at Hvderabad [OUT] -o.iffi iorrdctoil La"nd Acquisition officer LMD colonv-' for Financ" eiinning "High Court for tha State of Telangana'

8. iil'Cc i;il 6-dC ior. Land Acquisition' High Court for the State of e. r;;'EC'i; iil'cP f* ri,igrlibh, High court for the state of relansana' at Telanqana, at HYderabadlOUT] -dP Hyderabad[OUTI 10.Two CD CoPies TJ BS (t-- 1 t I t ) HIGH COURT DATED:01 10712025 ORDER WP.No.18247 of 2025 sErl t () t x 61 ?LU 025 g * I CH -..1 DISPOSING OF THE WRIT PETITION WITHOUT COSTS s dq"h Y6, *c\