Telangana High Court
A.Mallikarjun Gouda vs The State Of Telangana on 23 April, 2025
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.12188 of 2025
ORDER:
Heard learned counsel for the petitioner and Mohd.Naveed
Khan, learned Assistant Government Pleader for Finance
appearing for respondent No.2 and Ms.Radha Sandeepti Reddy,
learned Assistant Government Pleader for Land Acquisition
appearing for respondent Nos.3, 4 and 5. With the consent of the
parties, this writ petition is being taken up for disposal at the
admission stage itself.
2. This writ petition is filed seeking following prayer:
"to declare the action of the respondent authorities in
not depositing the entire decreetal amount to the
credit of the E.P No.36 of 2025 in L.A.O.P No.1 of
2012 on the file of the Principal District Judge at
Gadwal, as illegal, arbitrary and contrary to the
Judgment of Larger Bench reported in 2005 (3) ALD
233 and consequently direct respondents to deposit
the same to the credit of E.P.No.36 of 2025 in LAOP
No.1 of 2012 on the file of Principal District Judge at
Gadwal."
3. It is the case of petitioners that they are the
agriculturists and eking out their livelihood out of the income
derived from agriculture produce. The respondent authorities in
order to provide irrigation facilities for agriculture lands in Aloor
Village, Gattu mandal, Jogulamba Gadwal District, has planned
for construction of Ryalampad Balancing Reservoir under
Jawahar Lift Irrigation Scheme at Aloor Village. For the said
purpose the respondents acquired the lands of the petitioners
while initiating proceedings under Land Acquisition Act, 1894
and fixed an amount of Rs.165/- per sq.mtr., and passed an
award in Award No.34/2010 dated 02.06.2010. Being not
satisfied over the said quantum in the Award, the petitioners filed
L.A.O.P.No.1 of 2012 before Principal District Judge, Gadwal
which was allowed on 15.04.2014. Being not satisfied over the
same, petitioners have filed LAAS.No.125 of 2015 before this
Court and the same was allowed on 27.09.2022. Challenging the
same, respondent/State preferred SLP before the Hon'ble
Supreme Court which was dismissed on 17.09.2024. Thereafter,
petitioners filed E.P.No.36 of 2025 in L.A.O.P.No.1 of 2012 for
payment of enhanced compensation, which is pending for
consideration. Challenging the same, the present writ petition is
filed.
4. Today when the matter has been taken up for hearing,
learned counsel for the petitioner submits that in similar
circumstances this Court in W.P.No.12837 of 2023 dated
28.04.2023, passed the following order:-
"5.Having regard to the same, the Writ petition is
disposed of and respondent No.5 is directed to deposit
the decretal amount in terms of the order and decree,
dated 30.03.2011, passed in O.P.No.65 of 2009 by the
Senior Civil Judge, Gadwal, to the credit of E.P.No.5 of
2023 in O.P.No.65 of 2009 on the file of Senior Civil
Judge, Gadwal, as expeditiously as possible, at any
rate within a period of four (4) months from the date of
receipt of a copy of this order. There shall be no order as
to costs."
5. Learned counsel for the petitioner further pray this Court
to pass similar orders as passed in W.P.No.12837 of 2023 dated
28.04.2023.
6. Learned Government Pleaders appearing for respondents
did not dispute the same.
7. Recording the submission made by learned counsel
appearing on either side and in terms of order passed by this
Court in W.P.No.12837 of 2023 dated 28.04.2023, this writ
petition is disposed of directing the respondent authorities to
deposit the decreetal amount in terms of the order and decree,
passed in L.A.O.P No.1 of 2012, on the file of Principal District
Judge at Gadwal, to the credit of E.P No.36 of 2025 in L.A.O.P
No.1 of 2012 on the file of Principal District Judge at Gadwal, as
expeditiously as possible, at any rate within a period of four (4)
months from the date of receipt of a copy of this order.
8. Accordingly, this writ petition is disposed of.
Miscellaneous applications, if any pending, shall stand closed.
No order as to costs.
_________________________________
JUSTICE N.V.SHRAVAN KUMAR
Date: 23.04.2025
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