One CC to SRI v. MANOHAR RAO

Petition under A(icle 226 ot 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 compensation amounts to the Petitioners as per Judgment and Decree in O.P.Nos.212, 207,218,210,217,185, 198, 191, 199, 192,203,213, 221 and 193 of 20.13 dated 03_06_2014and E.p.Nor . 37, 138, 143, 145, 235, 267,352,364. 367, 368, 376, 389 of 2024,215 and 2ti of 2O2Son the fite of the Senior Civil Judge at Wanaparthy as modified tr, this Hon,ble Court in L A.A S.Nos.329. 34g, jg2. 254, 273, 313, 427, 24g t.l 9, 285, 178, 333, 2t4 and 307 0f 2016 dated 27-9-2022 as,regar, arbitrary ar i viorative of A,,icre 300- A of the constitution of rndia and consequentry direct tr ) Respondents No.1 to 5 herein to deposit the decreetal amounts to the credit o O.p.Nos.212 , 2O7, 21g, 210,217,185, 198, 19.t , i99, 1g2,20g,213,221 and I )3 of 2O13dated 03-06-

2014. lA NO:'l oF 202s Petition under section '1 51 cPC praying that in t e circumstances stated in the affidavit filed in support of the petition, the High ( lurt may be pleased to direct to the Respondents No.1 to 5 herein o deposit t I r 6s61.a1a, amounts as per the Judgment and decree in O.p.Nos. 212,2O7,2.3,210,211, 1gS, 1g8, 191, '199, 192,203,213,221 and 193 of 2013 dated 0: 06_2014 and E.p.Nos. 137,138, 143,.145, 235.261 , 352, 364,367,368, 376,389 c " 2024, 215 and 287 of 2025 on the file of the Senior Civil Judge at Wanaparthy ,ending disposal of the main writ petition. Counsel for the petitioners: SRl. V. MANOHAR RAO Counsel for the Respondent No.1: Gp FOR IRRIGATION Counsel for the Respondent No.2: AGp FOR FINANCE t,t lD pLANNtNG Counsel for the Respondent Nos. 3to5: SRI SOMU SRIN|\ AS REDDY. AGP FOR LI.J ID ACQUISiTION The Court made the following: ORDER I I I I THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.29532 of 2025 ORDER Heard learned counsel for the petitioner and learned Assistant Government Pleader for lrrigation appearing for responder,t No. 1, learned Assistant Government for Fir-rance and Planning appearing for respondent No.2 and Mr.Somu Srinivas Reddy, learned Assistant Government Pleader for Land Acquisitiotr appearing for respondent Nos.3 to 5. With the consent o[ the parties, the lr,rit petition is being taken up for disposal at the admission stage itself.

2. The petitioners are aggrieved by the action of the respondent authorities in not depositing the compensation amount to the petitioners as per judgment and decree in O.P.Nos.212, 2O7,218,27O,217, 185, 198, 191, 199, t92,2O3, 213, 221 and 193 of 2013 clated 03.06.2O14and E.P.Nos. 137, r38, 143, 145, 235, 267,352,364,367,368,376,389 0l 2024; 215 and 287 of 2025 on the file of the Senior Civil Judge at Wanaparthy and a consequential prayer was sought to direct the respondent authorities to deposit the decreetal amounts to the credit of the E.Ps 1 -II\---'

3. Today rvl-ren the mzrttcr has been takcr up for hearing' learned counsel for the petitioner submit:; that in similar circumstanr:e this Court in W' P' No' 1283 i of 2023 dated 2a.O4.2023. passed the follou'ing order:- "5.Hauing regarcl to the same, the l)' t dispo:;ei of and resy>on'dent No'S is dirac' thi d-ecretal amount in' terms of the ord<: dated. 30.03.2O11, passed in O'P'No 65 rt' Senior Ciuit Judge, Gadwa| to the credit 2O23 in O.P.No.65 of 2OO9 on the file ' Judge', Cadutal, as expeditiouslg as po: rati uLithin a peiod of four (4) months fr'' receipt of a copA of this order' TLLere shalL t to costs. " t petttton. ts :d to dePosit and decree, 2009 b11 the f E.P.No.s of ' Senior Ciuil ;ible, at ang n the date of e no order as Lcarned counsel for the pe titioner furthcr pray this Court to 4. pass simil:u orders as passed in W P'No' 1 2t \7 of 2023 dated

28.O4.202?,. 5 I-earned counsel appearing for responde r -s did not dispute the same. 6 . Recordir-rg the submission made b t learned counsel appearing on either sidc ancl in terns o[ o r ler passed by this Court in W.P.No. 12a37 of 2023 dated' 2t \4'2023' this writ petitior-r is disposed of directing the respotr lent authorities tr' deposit the enhanced compensation in terrr I of the order ancl decree, passod.-jn O.P.Nos.2l2,2O7,218' '''' O' 217' 185' 198' =--=-------- J 191, 199, rs2,2O3,21s,221 and 193 of 2013 dated 03'06'2014 and to the credit of E.P.Nos.137, 138, 143, 145,235,267,352, 364, 367 , 368, 376,389 of 2024', 215 and 287 of 2025 on the file of the Senior Civil Judge at Wanaparthy, as expeditiously as possible, at arry rate within a period o[ four (4) months from the date of receipt of a copy of this order. 7 . Accordingly, this writ petition is disposed of' Miscellaneous applications, if any pending, shall stand closed' No order as to costs. To //TRUE COPY// sd/- SISTAN M. NA NI ISTRAR SECTION OFFICER

1. The Principat Secretary lrrigation and CAD'-Department, Secretariat, Z. ine erincipal Se'cretary Finance Department Secretariat Buildings, Saifabad, Saifabad, T.S.,Hyderabad Hvderabad

3. i6e Chief Commissioner Land Acquisition, Nampally, Hyderabad. 4. The District Collector, Wanaparthy District. S. ffre Special Deputy Collect6r (LA)i Land Acquisition Officer, P J.P. Gadweal now RLISP-ll, Pebbair, Wanaparthy District. Court for the State of Telangana at Hyderabad [OUT]

6. One CC to SRI V. MANOHAR RAO, Advocate [OPUC] 7. fwo CCs to GP for IRRIGATION & COMMAND AREA DEVELOPMENT' High e. iwo CCs to GP for LAN-D ACQUISITION, High Court for the State of 9. T;; dcs to cp for FINANCE & PLANNING, High Court for the State of Telangana, at Hyderabad [OUTI Telangana, at Hyderabad [OUT] '10. Two CD Copies (Along with a copy of the order dated 2.04.2023 in W.P No. 1 2837 ot 2023) B M/MP tr^c.. --- 10 itB ?u2'E C) O 5 n r SPAT Jt I HIGH COURT DATED:2510912025 ORDER WP.No.29532 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS .S\c,', ,{1"6 TIIE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.12837 of 2023 ORDER: Heard learned counsel for the petitioner, learned Government pleader for Irrigation Department, appearing for respondent No.1, learned Government pleader for Finance and Planning appearing for respondent No.2 and learned Assistant Government pleader for Land Acquisition appearing for respondent Nos.3 to 5.

2. This Writ petition is filed seeking a writ of Mandamus to declare the action of the respondents in not depositing the entire decretal amount to the credit of E.p.No.5 of 2023 in O.p.No.65 of 2OO9 on the file of Senior Civil Judge, Gadwal, Telangana State, as arbitrary and illegal. 3 rt is the case of the petitioner herein that his rand was acquired by the respondents and an Award bearing No.2/2OO9, dated 1O.O9.20O9, was passed under Section l t of the Land Acquisition Act, I 894 (for short, .the Act, 1g94J and aggrieved thereby, the petitioner herein sought for reference under Section l g of the Act, t g94, and the same was referred to the Court of Senior Civil Judge, Gadwal, and the same was taken on file as O.p.No .65 of 2OO9 ald finally, the same was disposed of by an order, dated 30.03.2011 enhancing the -- compensati,ln. Aggrieved thereby, the responde I State herein filcd an appcal before this Court in LAAS No.131 o 2012 and the same was dismissecl by a Division Bench oi -ris Court by Jr-rdgment, clated 16.O9.2022. In spite of t- ) saffre, the respondents; have not paid compensation arnotLr. as enhanced by the refercnce Court. Therefore, the pctitioncr; lilecl E.P.No.5 of 2023 in ,f.P.No.65 of 2OO9 on thc {lle of Senic ' Civrl Juclge, Gadwal, seeking execution of the decree passed b1 the reference Court. At that stage, the petitioner approachecl his Court by frlrng thc pr(-'sent Writ Pctitron seeking a direction t respondcnts to deposit the decretal amount into the credil r - tr.p.No.5 of

4. Having regard to the above backdrol of the case, this Court i.; of the considered vierv that the autlt rities cannot take their o,r,rtt time to deposit the amounts, r,r'hi: r are already enhanced l>y the competent Court. T[-re inlL tion of the respondcnts in paying the cnhanced compenszrtio antoun(s in time to the 1>etitioner, u,ho are already suffering h r n the loss of their lands, ';vould make them to also suffer trntotc rarclship and misery and run from pillar to post for getting 1re enhanced compensation deposited and incur expenscs for t L r same. 1'hey rvill also harre to incur additional expenditure for approacl-ring the Court f,tr seeking the required relief. Wil l the raising I 3 inflation, the value of the money will also go down and the delayed payment of the enhanced compensation wilt result in the compensation amount itself losing all the charm ancl utility. If the petitioner or similarly situated persons receive the enhanced compensation within the time, they will be in a position to use that amount in some other investments and get some returns over the same.

5. Having regard to the same, the Writ petition is disposed of and respondent No.5 is directed to deposit the decretal amount in terms of the order and decree, dated

30.03.2011, passed in O.P.No.65 of 20O9 by the Senior Civil Judge, Gadwal, to the credit of tr.p.No.S of 2023 in O.p.No.65 of 2OO9 on the file of Senior Civil Judge, Gadwal, as expeditiously as possible, at any rate within a period of four (4) months from the date of receipt of a copy of this order. There shall be no order as lo cosls. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. Date:28.O4.2023 WL MUMMINENI SUDHEER KUMAR, J