Telangana High Court
Pentanna vs The Government Of A.P. Rep. By Its ... on 21 June, 2022
Bench: Surepalli Nanda
THE HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.16390 of 2008
ORDER:
On 25.03.2022 and 21.03.2022 there is no
representation on behalf of the counsel for the petitioner.
Even on 20.06.2022 there is no representation on behalf of
the petitioner both in the morning and as well as in the
afternoon. On 21.06.2022 when the matter is called there
is no representation again on behalf of the petitioner. The
learned Government Pleader has filed the counter affidavit
in the present case on 20.06.2022.
2. The Writ Petitioner filed the present writ petition
praying the Court to issue writ of Mandamus directing the
respondent Nos.1 to 5 herein to deposit the balance
compensation amount to the credit of E.P. No. 56 of 2008
in O.P. No. 150 of 1996 and batch on the file of the Senior
Civil Judge, Gadal, Mahabubnagar District.
3. It is the case of the petitioner that the 5th respondent
who is the Land Acquisition Officer acquired his lands and
the other villagers of Motlampally Village nearly Ac.25.00
gts for Priyadarshini Jurala Project and he passed an
Award No. 18/1996 on 29.02.1995, awarding a meager
compensation of Rs.12,000/- per acre. Being aggrieved by
the said award, the petitioner herein along with other
villagers filed O.P. No. 150 of 1996 and batch before the
Court of Senior Civil Judge, Gadwal for enhancement of
compensation. After full-fledged trial the Court of Senior
Civil Judge at Gadwal enhanced the compensation of
Rs.40,000/- per acre instead of Rs.12,000/- per acre
against the Award No. 18/96, dated 29.02.1995 of 5th
respondent.
4. Aggrieved by the said judgment and decree of Senior
Civil Judge at Gadwal the 5th respondent preferred appeal
before the High Court vide LAAS No. 1528/2005 and
batch. Division Bench of the High Court dismissed the
said appeal and batch vide its judgment and decree dated
20.11.2006 and confirmed the Judgment and decree of the
reference Court in OP No. 150/1996 and batch. As per the
orders of the High Court the 5th respondent deposited half
of the decreetal amount to the credit of OP No. 150 of 1996
and batch. The petitioner herein and other claimants filed
EP No. 56/2008 on the file of Senior Civil Judge, Gadwal
for execution of the decree in OP No. 150/1996. As the
subject lands were already attached in several other land
acquisition E.Ps the orders in EP No. 56 of 2008 has
become in executable. The respondents failed to deposit
the compensation amount till today and the petitioners
could not realize the compensation amount.
5. Perused the counter affidavit filed by the Government
Pleader for Land Acquisition dated 15.06.2022 and taking
into consideration the material filed along with the said
counter affidavit this Court opines that the writ petition
could be closed in view of the fact that at Para No.9 of the
counter affidavit it is stated as follows:
" In these cases the copies of the Judgment and
Decrees obtained and gathered all material for preparation
of budget proposals towards balance decretal charges and
the same was submitted to the Special Collector, Srisailam
Project, Kurnool vide this Office Letter No.C/317/2005,
dated 14.09.2007 for sanction. The Special Collector,
Srisailam Project, Kurnool verified the correctness of
budget proposals and submitted the same to the
Government through Chief Commissioner of Land
Administration, Hyderabad vide Letter No. A4/939/2005,
dated 20.09.2007 for sanction. The Government has
sanctioned an amount of Rs.14,37,357/- towards balance
Decretal charges in OP No. 150/1996 and batch vide GO
RT No.985 dated 20.11.2007. The Chief Engineer,
Irrigation (Mahabubnagar) Erramanzil, Jalasoudha,
Hyderabad has provided LOC in respect of OP No.
150/1996 and batch vide letter No. CE/(p)(MBNR/PLAN-
122/2008-09 dated 289.07.2008. The balance decretal
charges to the tune of Rs.14,37,357/- vide cheque bearing
No. 598-92, dated 15.09.2008. Drawer in favour of Senior
Civil Judge was deposited in the Court of Senior Civil
Judge, Gadwal vide SDC (LA) Unit PJP Gadwal
C/317/2005 and obtained acknowledgement from the
Court and accordingly deposited the entire decretal amount
in OP No. 150/1996".
6. As borne on record, the letter dated 15.09.2008
addressed to District Collector, Nalgonda by the Revenue
Divisional Officer, Nalgonda reads as follows:
" I am depositing an amount of Rs.14,37,350-00 by way of
the PAO, Gadwal Cheque bearing No. 598092 dated
15.09.2008 in favour of Senior Civil Judge, Gadwal towards
Balance Decreetal charges in respect of O.P. No. 150 of 1996
and Batch (47) O.Ps pertaining to Motiampally Village of
Atmakur Mandal, Mahbubnagar District along with Calculation
Statement and Form "D" in triplicate".
7. In view of the fact that the respondent authority
deposited the entire decreetal amount vide O.P. No. 150 of
1996 no further orders are necessary. The Writ Petition is
dismissed. No order as to costs.
Miscellaneous petitions, if any, pending in this writ
petition, shall stand dismissed.
_________________________________
MRS JUSTICE SUREPALLI NANDA
June 21st, 2022
skj
HONOURABLE MRS. JUSTICE SUREPALLY NANDA
WRIT PETITION No. 16390 of 2008
June 21st, 2022
skj
