Karanthapu Shankar v. The RDO/Sub- Collector cum Land Acquisition Officer

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 nature of writ of lt/andamus Declaring die action of the Respondent No. 1 and 2 in not depositing Decretal amount amorded by Honourable Principal Senior civil Judge, Asifabad, in LAOP No.25 of 2011 as modified by Honourable High court Hyderabad in LAAS No. 68 of 2019 dated 2211112024 into the credit of E.P No 33 in LAOP No. 25 of 2O11 on the file of Honourable senior civil Judge, t\/ancherial, Mancherial District as bad in law and violative of the Ratio laid down by this Honourable court in Bhamidipati Annapoorna Bhavani vs Land Acquisition officer, Yeleru reported in AIR 2005AP365 and consequently direct Respondents 1 to 4 to deposit the Decretal amount as per the Judgment and Decree awarded by Honourable Principar senior civir Judge, Asifabad, in LAop N.o25 of 201r as modified by Honourabre High court Hyderabad in LAAS N.o 68 of 2019 dated 2211112024 into the credit of E.p No 33 in LAop N.o 25 of 2o11 on the fire of Honourable senior civir Judge, Mancheriar, Mancheriar District, rn view, of proceeding No. c2l1 7712018 dated 29-09-20.r 9 on the fire of 2nd Respondent in the lnterest of Justice. lA NO: 1 OF 202s Petition uncer section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondenrs 1 to 4 to deposit the Decretar amount as per the Judgment and Decree awarded by Honourabre principar Senior civit Judge, Asifabad, in LAOp No 25 of 2011 as modified by Honourable High Court Hyderabad in LAAS No. 68 0f 2019 dated 22r1112024 into the credit of E.p No 33 in LAOP N.o 25 0f 201'1 0n the fire of Honourabre Senror crvir Judge, Mancheriar, Mancheriar District, rn pursuance of proceeding No. c2l 177t2018 dated 29logl2o19 on the file of 2nd Respondent in the lnterest of Justice. Counsel for the petitioner : SRI BOKARO LOKESHWAR REDDY counsel for the Respondents No.1&2 : Gp FoR LAND AceursriloN Counsel for the Respondents No.3 : AGp FOR IRRIGATION Counsel for the Respondents No.4 : AGp FOR FINANCE The Court made the following: ORDER i a THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR I,!'RIT PETITION No.23381 of 2025 OI{DEI{ Heard learned counsel for the petitioner and learned Assistant Govetnment Pleader for Land Acquisition appearing for respondent Nos.1 and 2, lcarned Assistant Governtnent Pleader for Irrigation appearing for respondent No.3 and iearned Assistant Government Pleader for Finance appealing for respondent No.4. With the consent of the parties, the writ petition is being taken up for disposal at the admission stage itself.

2. T liis writ petition is filcd seeking following prayer: "to declare action of the Respondent No.1 and 2 in not depositing Decretal nmount oruarded bt1 Llonouruble Pincipal Senior Ciail ludge, Asit'abnd, in LAOP No.25 of 2011 as modified by Honourabb Iligh Court Hydercrbd in LAAS No.68 of 2019 dntud 22.11.2024 rnto the cretlit of E.P No.33 in LAOP No.25 of 201.1 on the file of Honourttble Senior Guil lttdge, Manclerinl, Mancherial DistricL, cts had in hto ntd aiolatiue of the Ratio laid (lort'tt by this HonourabLe CourL in tshnntidipnti Annapoonn Bhmtttni os Land Acquisition OfJicer, YeLeru, reported in AIR 2005AP365 and consequently direct Respondents 1to 4 to deposit the Decretal amount as per tlrc ludgnrcnt nnd Decree arunrdedby Honourtble Principttl Senior Ciail Judge, Astfnbnd, in LAOP No.25 of 2011 as modifed by Honournble ITigh Court Hyfurabatl in L,AAS No.58 of 2019 dated 22.-11.2024 bio the credit of E.P No.33 in LAOP No.25 of 2011 on the .file of Honourable Senior Cioil ludge, Mancherinl, Manclrcrinl Districl In ttieto of proceeding No.C2/177/2.018 datetl 29.09.2019 on the fle of 2"d Respondenl ."

3. Brief facts stated in this writ petition are that petitioner along with others claims to be the owner and possessor of lands admeasuring about Ac.39-20 guntas ot'Pedha Thimmapur Village. It is further subrnitted that the respondc'nt authorities, without following due procedure, had acquired the \-r t ;l 2 petitioner's land for the purpose of restoration of ,,pr:dda Chervu,,. Later, respondent authorities under section 4(1) of the Land Acquisition Act, issued notification datecl 10.11.2009 and subsequcntly, an Aw-ard dated 0g.04.2011 was passed, fi;<ing tl-re market value of the acquired lar.rd to Rs.42,500/_ per acre. Aggrieve-1 by the award clatcd 0g,04.2071, petitioner made application under section -8 tlf the La.d Acquisition Act and the same was numbered as L.A.O.P.No.25 of 2077. The Senior Civil Judge, Asifabacl, zrlde Judgme^t and Decree datcd 2+.01.201,8, cnl-ranced the market value to Rs.1,75,000/_ per acre_ Challenging thr: Judgment and Decree <iatecl 24.01.2018, rr:spondents prefcrred appeal bearing L.A.A.S.No.6B of 2019, and this Court pirle ordcr dated 11.03.2020 i. t.A.No.3 c.i 201() in L.A.A.S.No.68 of 2019, ciirected the respondent autr-rorities to cleposit 50% of the amount, within a period of four (04) weeks. Th,:reafter, 50% of the dccreial amount wiis dcposited by the respondent authorities and thc petitioner lrad withdrawn the same. 4' Learnecl :ounscr for the petitioner fairry submits that this Court aide orde. datecl 22.71.2024 has alorvcd the L.A.A.S.No .6g of 2,7g,rele,ant portion is cxhacted hcreunder:- ' la. lcconlin€:ly, this Appeal i.\ ullowed and the impugtted order oJ the Reference Court i.\ sel aside, uoclifying the marku vaTue of t,1te subiect acquired land @ Rs.1,00,000/_ per acre (ls against Rs.1,75,000/_ per acre fxctl hy the Reference Court. [r is niedless n'si tiat the clainunt; ure entilled to all the benefts under the ,lct-i.i., rnterest, solqtiwrt attd udditional mqrket i,alui on the motlified ,_i*"i' ltrther, i1 the light of the ratitt. laid tlLtwn by thi gor.ii"'iurr"*" "rtu". Court in Bdwan Singh v. LAO. an(t Taheri Kho,oo,, "."-t)6,'','i7 claimqnts are entitled to additional interest by -"y o7 a"nrogp;- ii), tSU per annun Ji.om the date of their tlispossession frim"the orq'ri,i tond" ' lzoto; '1zot+1 12 SCC 412 t3 scc 61,: :i 3 in the year 1971 tilt the date of issuance of 4(l) notification on t0.I 1.2009. " Learned counsel for the petitioner submits that the Petitioner had filed 5. E.P.No.33 of 2022in LAAS No 68 of 2019 in L.A'O'P'No'25 of 2011 on the file of Senior Civil Judge, Mancherial and further submits that inspite of the fact that tlris Court zride order dated 2211' 2024 in L A A'S'No 68 of 2019 ' reduced the markct value from Rs'1,75'000/ - Per acre to Rs.1,00,000/ - Per acre/ responclentauthoritiesfailedtodepositedthecompensation.Aggrievedbythe Same, this writ Pctition is filed Learncd Assistant Governrnent Pleader for Land Acquisition placed on 6. record instructiorrs issued by the resporrdent No.1, wherein it iS Stated that pursuant to the ordel datecl 11 03'2020 in I'A No'3 of 2019 in L'A'A S'No 68 of 2019, 50% of decretal amount was deposited at Civil Court' Asifabad' Thereafter, on verification of the E'P sanction order bearing Proc.No.C2/ 17 7 12018, dated 03 12 2019' it was revealed that the District Coilector, Mancherial, has sanctioned and released total enhanced compensation i.e , Rs'5,47,63'9801- in LAOP No'25 of 2017 and aftcr depositing 50% with the Civil Court' Asifabad' a sum of Rs'2'73'8L'990I- remained in the LAO Bank account' which was considered sub-iudice' Meanwhile, this Court pitle order dated 22'112024 in L'A'A'S No 68 of 2019 reduced the market value from Rs 1'75'000/- per acre to Rs 1'00'000/- per acre. It is further submitted that Smt'shyamala Devi' the then LAO/RDO' Bellmapalii, improperly diverted EP funds to the other project payments and ' I 4 the same n as done without Coliector, Manher.ial. obtaining prior permission from tl_re District T Lear,ecl Assistant Go'ernment preacrer for Land Acquisition further submits that scrrerar proposals and reminders have beer.L sent to requisition department to release the funds for payment of cornpensation to the petitioner and submits that upon cleposit of thc funcls by the irrigation department, the amount would be deposited before the Civil Court, Mancherial 8' At this stage' learned counser fo. thc pctitio.er pray this Court to direct the respondent authorities to deposit the compensation amount to the credit of E.P.No.33 of 2022 inLAAS No.68 of 2079 inL.A.O.I,.No.25 of 2011, on the fije of Senior Civil fucrge, Mancheriar. in a time bouncr perio,J. 9' Having corsicrered the abo'e facts and circumstance and recor.cling the subrnissions mad'3 [ry rearnecr cou^ser appearing on either side, trris writ petition IS c{isposed of directing the respondent authorities compensation amount in terms of the order dated 22.77.202,1 in L.A.A.s.No.6g of 2079, to the creclit of E.p.No.33 oI 2022 in LAAS No.68 of 2019 in L.A.O.p.No.25 of 2077, on the file of Senior Civil Judge, Mancherial, as expeditiously as possible, at any rate, within a period of six (0i) weeks from the date of receipt of a copy of this order and communicate the same to the deposit petitioner 5

10. Accordingly, this writ petitlon applications, if any pending' shali stand ciosed' No order as to costs 1S disposed of . Miscelianeous //TRUE COPY// sD/-P. PoNNA KR]9Iryl ASSISTANT REGISTRAR a (/ SECTION OFFICER To, 1 TheRDo/Sub-CollectorcumLandAcquisitionofficer,Bellampallv. Mancherial District'

2. The District Collector, Mancherial District 3 4 5 b. 7 8 Hyderabad. The Principal Secretary, lrrigation and CAD' Secretariat State of Telangana' The Principal Secretary, Finance and Planning Secretariat' State of Telangana, HYderabad' One CC to SRI BOKARO LOKESHWAR REDDY' Advocate' IOPUCI Two CCs to GP FOR LAND ACQUISITION' High Court for the State of . Two CCs to GP FoR lRRlGATloN, High Court for the State of Telangana at uvi"ir*-r,:"0. fourt Two CCs to GP FOR FINANCE & PLANNING' High Court for the State of i"fr"gi"u at HYderabad [OUT] Telangana. [OUT]

9. Two CD CoPies GJP (F BSK :I t I I )1 4" HIGH COURT DATED:1810912025 ..::: . ..., . ; .:\- ' '"r'i.s). ,1 ,.i- ./. .-' r '!.: Y< ".. .,- ',. 2 5 sEP 20fr o.. ORDER WP.No.23381 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS (s >1 q 1 \