The Special Collector L.A vs Dolu Ayyanna
2022 Latest Caselaw 1369 Tel

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

                                  I.A.No.1 of 2022
                                       IN/AND
                            WRIT APPEAL No.192 OF 2022


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



          I.A.No.1 of 2022 is filed to condone the delay of 1201 days in

filing the present writ appeal.

          The present writ appeal is arising out of common order dated

01.11.2018

passed in W.P.Nos.6621 and 6749 of 2011.

The facts of the case reveal that large number of land owners

have preferred writ petition before this Court claiming the benefit of

the judgment delivered by the Larger Bench of this Court in the case

of LAO-cum-Revenue Divisional Officer, Chevella Division,

Domalaguda, Hyderabad and others vs. Mekala Pandu and others1.

The writ petitioners were granted pattas by the State Government and

the land belonging to them was acquired for the purpose of

Priyadarshini Jurala Project. Applications were preferred by the writ

petitioners under Section 18 of the Land Acquisition Act, 1894 for

enhancement of compensation. However, the said applications were

not forwarded to the civil Court. The learned Single Judge in the light

2004 (2) ALD 451 (LB)

of the judgment delivered in the case of Mekala Pandu (supra) has

allowed the writ petition holding that the writ petitioners are

identically placed persons and therefore, they are entitled for the

similar relief, which has been granted to other identically placed

persons.

The State Government has filed the present writ appeal with a

delay of 1201 days. The affidavit, which has been filed in the matter

of condonation of delay, reveals that the order was delivered in the

writ petition on 01.11.2018 and the order was received by the

authorities on 13.12.2018. The opinion was received from the

Government Advocate on 27.12.2019 for filing the appeal and it is

only when a notice in contempt case was received, the authorities

woke up from slumber and preferred the present writ appeal. The day

to day delay has not been explained in the matter. Otherwise also, the

issue involved in the present case has been decided by a Larger Bench

of this Court in Mekala Pandu's case (supra), wherein the assignees

have been held for compensation and the same compensation has

been awarded to the writ petitioners. The said judgment has been

affirmed by the Hon'ble Supreme Court.

In the light of the aforesaid, this Court does not find any reason

to condone the delay. Accordingly, the application for condonation of

delay is rejected. As a consequence, the appeal fails and is

accordingly dismissed.

Miscellaneous applications pending, if any, shall stand closed.

There shall be no order as to costs.

________________________ SATISH CHANDRA SHARMA, CJ

_______________________ ABHINAND KUMAR SHAVILI, J 22.03.2022 ES