Kistanna, And 4 Others vs The State Of Telangana, And 4 ...
2021 Latest Caselaw 3345 Tel

           HONOURABLE SRI JUSTICE T.VINOD KUMAR

                     WRIT PETITION No.27913 of 2021
ORDER:

This Writ Petition is filed for a Writ of Mandamus declaring the

action of respondents in not depositing the entire decretal amount to

the credit of E.P.No.28 of 2020 against O.P.No.34 of 2016 on the file

of Senior Civil Judge Court, Gadwal, Mahabubnagar District,

Telangana State, as arbitrary, illegal, unconstitutional and contrary to

the judgment of Larger Bench reported in 2005(3) ALD 233 and

consequently direct the respondents to deposit the same to the credit

of the said E.P.

2. Heard learned counsel for petitioners, learned Government

Pleader for Irrigation and CAD appearing for 1st respondent, learned

Government Pleader for Finance and Planning appearing for

2nd respondent, and learned Government Pleader for Land Acquisition

appearing for respondent Nos.3 to 5.

3. With the consent of all the counsel appearing for the parties, the

Writ Petition is taken up for hearing and disposal at the stage of

admission.

4. Learned counsel on either side did not dispute that in similar

circumstances, by following a decision of the Larger Bench in

Bhimidipati Annapoorna Bhavani Vs. Land Acquisition Officer1,

this Court in W.P.No.18867 of 2021, disposed of the said Writ

Petition directing the respondents therein to deposit the enhanced

2005(3) ALD 223 (LB) ::2::

compensation amount, in terms of the order and decree, dt.19-09-2018

passed in O.P.No.25 of 2015 by the learned Senior Civil Judge,

Gadwal, to the credit of E.P.No.84 of 2019, as expeditiously as

possible, preferably, within a period of two months from the date of

receipt of a copy of the said order.

5. Therefore, in view of the decision of the Larger Bench in

Bhimidipati Annapoorna Bhavani (supra) and order

dt.18-08-2021 in W.P.No.18867 of 2021 and for reasons alike, the

official respondents are directed to deposit the compensation amount

in terms of order and decree dt.12-03-2020 passed in O.P.No.34 of

2016 of the Senior Civil Judge, Gadwal to the credit of E.P.No.28 of

2020 as expeditiously as possible, preferably within a period of two

(02) months from the date of receipt of a copy of this order.

6. Accordingly, the Writ Petition is disposed as noted above. No

costs.

7. The miscellaneous petitions pending, if any, shall stand

closed.

___________________ T.VINOD KUMAR, J Date : 10-11-2021.

GJ