The Spl. Collector, Hyd., ... vs Padamatiniti Mahesh, Another,
2022 Latest Caselaw 2698 Tel

THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                      AND
    THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI



                WRIT APPEAL No.1286 of 2016

JUDGMENT:       (Per the Hon'ble the Chief Justice Satish Chandra Sharma)


     The present writ appeal is arising out of an order

dated 08.09.2016 passed by the learned Single Judge in

W.P.No.30362 of 2016.

     The undisputed facts of the case reveal that an award

was passed by the Land Acquisition Officer on 30.05.2011

under     the     Land       Acquisition         Act,     1894,       awarding

compensation to the landowner. A reference was made by

the landowner under Section 18 of the said Act and the

amount was enhanced. The landowner thereafter preferred

an appeal before this Court i.e., L.A.A.S.No.371 of 2014 for

further   enhancement            of    the     compensation            and   an

execution petition was preferred i.e., E.P.No.172 of 2014

before the Court of Senior Civil Judge, Karimnagar. At the

same time, a writ petition was also preferred for issuance

of a direction to the State Government to pay the decretal

amount in spite of the fact that execution petition was
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pending i.e., E.P.No.172 of 2014 and the learned Single

Judge has directed payment of the entire amount as per

the judgment and decree passed by the reference Court

along with costs of Rs.25,000/-.

     Learned Government Advocate has argued before this

Court that the State Government was not heard by the

learned Single Judge and the State Government has also

preferred L.A.A.S.No.381 of 2016 and both the appeals i.e.,

L.A.A.S.No.371 of 2014 and L.A.A.S.No.381 of 2016 are

pending before this Court.   The said fact was not brought

to the notice of the learned Single Judge.

     In the considered opinion of this Court, the execution

could not have been done in the writ petition, that too

without hearing the State and therefore, the order passed

by the learned Single Judge is hereby set aside and the

matter is remanded back to the learned Single Judge to

hear the parties afresh and to pass an appropriate order in

accordance with law.

     Registry is directed to list W.P.No.30362 of 2016

before   the   learned   Single   Judge   having   roster   on

04.07.2022

.

As the matter is a very old matter, Office is also

directed to list L.A.A.S.No.371 of 2014 and L.A.A.S.No.381

of 2016 before the Bench having roster on 11.07.2022.

The writ appeal is accordingly allowed.

The miscellaneous applications pending, if any, shall

stand closed. There shall be no order as to costs.

______________________________________ SATISH CHANDRA SHARMA, CJ

______________________________________ ABHINAND KUMAR SHAVILI, J

14.06.2022 vs