S.Venkat Reddy v. 1. The State of Telangana

Petition under Article 226 of lhe Constitution of lnd ia 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, to declare the action of the respondents in not depositing the decreetal amount pursuant to the decree passed in O P No' 251 of 2O11 dl. 17-4-2012 to ttrc credit of E'P No 4Ol2O13 in O'P No. 25112o11 on the file of the Senior Civil Judge' Gadwal' Mahaboobnaqar District' as being illegal, arbitrary and unjust' l.A. NO: 1 oF 201 PMP. NO: 33181 oF 2015 PetitionunderSectionl5lcPCprayingthatinthecircumstancesstated in the affidavit filed in support of the petition' the High Court may be pleased to pass orders directing the respondent authorities to forthwith deposit the decreetal amount to lf e ;"edit of E.P.No.40/2013 in o.p.No.2s1l2o11 on the file of the Senior civil Juri(re, Gadwal, Mahaboobnagar District, p€nding disposal of the Writ Petiticn ir lre interest of justice. Counsel for rthr: Petitioner: SRI J.JANAKIRAMI REDDy (NCrT pREsENT) counsel for l:h(l Respondent No.1 & 2: AGp FoR IRRI AND corvlM AREA DEV Counsel for r:he Respondent No.3 & 4: AGp FOR LAND A()eu151116p The Court m;rde the following: ORDER l THE HONOURABLE SRI .TUSTICE J.SREENryAS RAO WRIT PETITION No.2557E OF 2OI5 ORDER: This writ petition is filed seeking the following relief '... to issue an appropriate Writ, Order or direction, more particularly one in the nature of Writ of Mandamus to declare the action of the respondents in not depositing the decreetal amount pursuant to [he decree passed in O. P. No. 251 of 2O 1 I dt. 17 .O4.2O12 to the credit of E.P. No. 4Ol2O13 in O. P. No. 251l2O11 on the Iile of the Senior Civil Judge, Gadwal, Mahaboobnagar District, as being illegal, arbitrary and unjust and to grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case."

2. No representation on behalf of the petitioncr

3. Heard the learned Assistant Government Pleader lor lrngation appearing on behalf of respondent Nos.l and 2 and the Iearned Assistant Government Pleader for Land Acquisitiort appearing on behalf of respondent Nos.3 and 4.

4. The grievance of the petitioner is that he, his lamil1'' members and others are having land to an extent o[ Ac.9 OO in S1'.No.699/2, 69812, 697 12, 696, 54/2, 54/3, 5612 and 6L)61'2 (hcreinafter relerrcd Lo as the subject propertyJ situated at Kamballalpalli Viltage, Pebbair Mandal, Mahaboobnagar District. Rcspondent No.4 acquired the subject property for construction of B.T- & U.T. of Priyadarshini Jurala Project NTR Canal and passed an Arvard dated 2O.O6.2CO I erlnling compensation @ Rs.2a,000/- per acre. Not satisfying 'r,it r lhe same, the matter was referred tl th: reference Court urdc rl . P.No.251 of 2O11 under Section 18(12) or' the Land Acquisitior \.t, 1894 and the learned Senior C vil Judge, Wanapartlrl rrllor,,,,.ed the O.P. and enhanced the corrpen:;ation from Rs.24,0CO, [,or acre to Rs.94,34O/- per acre by its o'der and decree dated 1?.( 4 . ()t l. Thereafter, the petitioner filed E,l'>.No 40 of 2O13 on the file ol S cnior Civil Judge at Gadwal. During t he l rendency ol the said F.l). rcspondent No.4 filed appeal uide L.A.A.S No.601 of 2013 and '.1r,: Division Bench of the erstwhile Higl't Court of Judicatlrrr' ,r - Andhra Pradesh at Hyderabad disrrLisse d the said appeal cn l1 I O.2O13 and the said judgment and dt:cret: passed by thc learrt'] :icnior Civil Judge, Wanaparthy has becorre final. [n spite o[ r'r, ;arnc. rcspondents have not depositr:d the amount pursuar.rt o rrr'order and decree passed by the reference Court.

5. Fror n 1 r msal of the record, it reveals that this t lourt while ordcring n,'11,:e bcfore admission on 22.09.201'5, d.rected the respond,:r is L r deposit the compensation amount J)urs -lant to the order pas:,:,:l l,\'thc Senior Civil Judge, Wanaparthy in O P.No.251 of 2011 to rl,t r reclit ol E.P.No.4O of 2O13 on or before 31' December, 20 L 5. l.:. s ronclcnts have not filed counter ncr ltlaced any I I ! I I l I I I I t i ! i t ! . I :. 3 instructions whether, respondents deposited the compensation amount or not, pursuant to the interim order dated 22.09.2015.

6. The Larger Bench of the erstwhile High Court of Andhra Pradesh in Bhamidipati Annapoorna Bhavani vs. Land Acquisition oflicer, Yelerur, held that even if the execurion petition is pending before the execution Court, the parties are entitled to invoke jurisdiction under Article 226 of the Constitution of [ndia I I seeking direction to deposit the awarded compensation amount.

7. Taking into consideration the facts and circumstances of the case as wcll as the principle laid down by the Larger Bench o[ the erst',vhile High Court of Andhra Pradesh in the above decision, rhe rcspondents are directed to deposit the compensation amounL pursuant to the order and decree d,ated, 17.O4.2012 in O.P.No.25l of 2022 passed by the learned Senior Civil Judge, Wanaparthv, to the credit of E-P.No.40 of 2013, within a period of four (4) weeks from the date of rcceipt of a copy of this order, if not already deposited pursuant to Lhe interim order granted by the erstwhile High Court o[ JudicaLure at Hyderabad for the State of Telangana and the Srate of Andhra Prarlesh. | 2005(3)Ar-D 233 [ LB) 4

8. With t r 3 above direction, the Writ Petition is dispo,sed of. No costs. l i I Misc,:ll: r)eous petitions, if any, pending in this u rit petition shall starcL r:1,r.;ed. There shall be order as to costs. To, //TRUE COPY// SD/. K. AMMAJI ASSISTI,NT REGISTRAR secrrJll OFFICER The Princ.f,al Secretaty, lnigation and Command Arr:a Development Uepartr'rert Secretariat, Hyderabad. The .Ch ei. E:ngineer, I and CAD (T) Major lrrigation, 3rd .floor, Jalasoudha Buildinc s ",.'rramanzil. Hyderabad. The Dislrir;, (lollector, Mahaboobnagar District, Mahabo,)bna gar. !he. 1919 .,\cquisition Officer/Revenue Divisional OlTicer LA Unit, pJp, Gadwal Ma haboobnagar District One OC tc, :1Rl J.JANAKTRAI\,1| REDDY, Advocate tOpLCl Two ,l(.:s c GP FOR LAND ACeUtStTlON, Hiqh Cou( for the State of Telan 3a r; I Hyderabad [OUT] Two CCs .r GP FOR tRRt AND COMM AREA DEV, Hiqh Court forthe State of Telln,la r i at Hyderabad [OUT] Two OD Cc cies 1 2 3 4 5 7 o. BSR GJP {) } \\ ) l l I i i i I I I i HIGH C()I.IRT DATED: 20n2tZO2S \ i I I I t, ; : : ORDER WP.No.25578 of 2015 .'j ^'

1.CY r E .,!4r€ ,( o o ( il 1 JUl,l 2m J \1 r) i- -.11 -T t DISPOSII{(:i OF THE WRIT PETITION, WITHOI.,,I' (:OSTS 1' r,\ -1-ll,i