High Court · 2025

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 failure to pay the compensation with interest till the date of final payment in accordance with the provisions of L,and Acquisition Act 1894 as highly arbitrary, illegal and violative of the said act and Art. 300A of the Constitution of lndia and principles of natural justice and consequently direct the respondents to deposit the balance amount payable to the petitioners in the E.P.Nos.81 , 82,83,84 and 85 of 2019 pending before the lower court for payment of amount in terms of the judgment and decree of the Court of Learned Senior Civil Judge, Wanaparthy dated 14.06.2018. by way of common judgmbnt in O.P.Nos.27,28,29,30 and 114 ot 2016 as confirmed by a division bench of the Hon'ble Court by a common judgment dated 15.09.2022 in LAAS Nos.11'l , 117,118, 119 and 120 ot 2019, with interest till the date of final payment to the satisfaction of the E.Ps. Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct respondents to deposit the balance amount payable to the petitioners in the E.P.Nos.81,82,83,84 and 85 of 2019 pending before the lower court for payment of amount in terms of the judgment and decree of the Court of Learned Senior Civil Judge, Wanaparthy dated 14.06.2018, by way of common judgment in O.P.Nos.27,28,29,30 and 114 ot 2016 as confirmed by a division bench of the Hon'ble Court by a common judgment dated 15.09.2022 in LAAS Nos.111, 117,118, 119and 12Oof 2019, withinteresttill thedateof final paymenttothe satisfaction of the E.Ps., pending disposal of this writ petition. Counsel for the Petitioner: SRI G.PURUSHOTHAM REDDY Counsel for the Respondent No.l: GP FOR GENERAL ADMINISTRATION Counsel for the Respondent No.2: GP FOR IRRIGATION Counsel forthe Respondent No.3: GP l:ll Counsel for the Respondent No.4 & 5: AGP FOR LAND ACQUISITION The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.3692L of 2o.25, DATE OF ORDER: 1O.12.20.25. Between: Smt. G.Padma, W/o. Chandrakanth AND ...Petitioners The State of Telangana, Itep. by its Chief Secretary, Secretariat Building Hyderabad and 4 Others .Respondents ORDER: Aggrieved by the action of respondents in failing to pay the compensation with interest till the date of final payment in accordance with the provisions of Land Acquisition Act, 1894, the present writ petition is filed. A consequential prayer is sought to direct the respondents to deposit the balance amount payable to the petitioners in E.P.Nos.8l to 85 of 2019 before the lower Court 2 \r for payrnent of amount in terms of judgment and decree passed by the learned Senior Civil Judge, Wanaparthy on 14.O6.2OL8 by way of commorr judgment passed in O.P.Nos.27, 28, 29, 30 and 114 of 2016, as confirmed by the Division Bench of this Court by a common judgment dated 15.09.2022 in LAAS.Nos. 1ll, 117, 118, 119 and 12A of 20 19, with interest till the date of final payment to the satisfaction of the E.P.s.

2. Fleard learned counsel for the petitioner and learned Assistant Government Pleader for Land Acquisition.

3. The facts of the case in brief are that the petitioner had earlier filed W.P.No.84l6 of 2023 before this Court seeking Writ of Mandamus questioning the action of respondents in not paying the compensation for the lands situated in Kethepally Village, Panagal Mandal, Wanaparthy District, which rvere acquired by the State for public purpose of Rajiv Bhima Lift Irrigation Scheme Project (for short "RLISP"I uide Award No. 19 of 2013 dated 2O.O3.2O13 in terms of the judgment and decree of the court of Learned Senior Civil Judge Wanaparthy dated 14.O6.2018 by way of common judgment in O.P.Nos.27,2a,29,3O and 114 of 2016 as confirmed by a Division Bench of this Court by a common judgment dated 3

15.09.2022 in LAAS.Nos.111, ll7, 118, 119 and l2O of 2019. A consequential prayer was sought to direct the respondents to deposit the compensation to the credit of E.P.Nos.81 to 85 of 2Ol9 pending on the file of the learned Senior Civil Judge, Wanaparthy. Thereafter, the said W.P.No.8416 of 2023 was disposed of by this Court uide its order dated 28.03.2023. The operative portion of the said order reads as follows: "Hauing regard to the sqme, the writ petition is disposed of and respondent iVo.S is directed to deposit the enhanced compensation amount, in terms of the common order and decree, dated 14.06.2018, passed in O.P.Nos.27, 28, 29, 30 and 114 of 2016 on the ftle of the Senior Ciuil Judge, Wanaparthg, to the credit of E-P.Nos.87, 82, 83, 84 and 85 of 2019, as expeditiously as possible, at ang rate uttthin a period of four months from the date of receipt of a copg of this order. There slnll be no order as to costs." It is further submitted that the said order was received by the respondents in the l"t week of May, 2023. But the respondents did not implement the order dated 28.03.2023 passed by this Court. Thereafter, aggrieved by the inaction of respondents therein, the petitioner filed Contempt Case uide C.C.No.2116 of 2023 before this Court and during the pendency of the Contempt Case, the respondents approached the Hon'ble Apex Court by filing an S.L.P. \ 4 i) against the order passed by the DMsion Bench of this Court in LAAS.Nos. 111 of 2O19 and batch and the said S.L.P. was dismissed by the Hon'ble Apex Court in S.L.P. Diary No. 11273 of 2024 on

15.04.2024 and thus, the order passed by the Division Bench of this Court attained frnality. Thereafter, the respondents submitted before this Court that a C.O. was issued sanctioning the amounts for deposit of the decreetal amount to the credit of E.P.s before the trial court. Recording the said contention, C.C.No.21 16 of 2023 was closed by this Court by order dated 28.06.2024. It is further submitted that an amount of Rs.3,59,4O,486/- was deposited before the trial court, which was insullicient to discharge the liability of the respondents to the full satisfaction of the E.P.s. Thereafter, the petitioner filed calculation rnemos and the trial court passed an order dated 12.O3.2025 in E.A.No. 196 to 200 of 2024 in E.P.Nos.8l to 85 of 2019 directing the respondents to deposit the difference amounts to the credit of the E.P.s. within a period of two (02) months from the date of the said order. Questioning the non-implementation of the said order, the present writ petition is frled. 5

4. Learned counsel for the petitioner draws attention of this court to the orders passed on 12.03.2o2s. on perusing the sarne, it is noticed that the trial court allowed all the applications uide its order dated L2.03.2o25 directing the respondent - J.Dr. to deposit the balance compensation amount within a period of two (o2) months from the date of that order. I t

5. Learned counsel for the petitioner further draws attention of this Court to the calculation memo in continuation of the revised calculation dated 05.09.2023, which was allowed by the trial court and would further submit that respondents would deposit the balance amount as on 10.06.2024 in E.p.Nos.8l to 85 to 2ol9 to the satisfaction of the said E.P.s.

6. Learned Assistant Government Pleader for Land Acquisition prayed this Court to pass appropriate orderS.

7. Recording the submissions of learned counsel for the petitioner and learned Assistant Government pleader for Land Acquisition and since the trial court has already allowed the application directing to deposit in Two (O2l months, the respondents are hereby directed to deposit the balance differential amount of compensation as on 10.06.2024 in E.P.Nos.S1 to 85 of I I { 6 a.) 2Ol9 pending on the frle of the learned Principal Senior Civil Judge, Wanaparthy within a period of two months from the date of receipt of a copy of this order.

8. With the above directions, this writ petition is disposed of. There shall be no order as to costs. //TRUE COPY// SD/. B. REKHA RANI ASSISTANT OFFICER 1 . The Chief Secretary, Secretariat Building, Hyderabad, State of Telangana. 2. The Principal Secretary, lnigation and CAD, Secretariat Building, Hyderabad, 3. The Principal Secretary, Finance Department, Secretariat Building, State of Telangana.

4. 5. 6. 7. erabad, State of Telangana. Hyd The The One T{Vo of Telangana at Hyderabad [OUTI

8. Two CCs to GP FOR LAND ACQUISITION, High Court for the State of Telangana at Hyderabad [OUTI

9. Two CCs to GP FOR IRRIGATION, High Court for the State of Telangana at

10.Two CCs to GP FOR FINANCE, High Court for the State of Telangana at Hyderabad [OUT] Hyderabad [OUT]

11.Two CD Copies To BS I I STA a l i I C) O $ 5 rtB t$1$ * C,r HIGH COURT DATED: 10/1 212025 ORDER WP.No.36921 of 2025 DISPOSING OF THE WRIT PETITION' WITHOUT COSTS \-L