Telangana High Court
C.S.Ramulu vs The State Of Telangana on 25 April, 2025
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.12703 of 2025
ORDER:
Heard learned counsel for the petitioners and Learned Assistant
Government Pleader for Irrigation and Command Area Development
appearing for respondent No.1, Learned Assistant Government for Finance
and Planning appearing for respondent No.2 and learned Assistant
Government Pleader for Land acquisition appearing for respondent Nos.3 to
5. With the consent of the parties, the 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 Respondents in not depositing
compensation amounts to the Petitioners as per Judgment and
Decree in O.P No.160/1987, 196/1986, 47/1985, 39/1985, 37/1985,
52/198, 255/1987, 46/1985 dated 29.8.1992, 26.4.1990, 24.3.1995
and E.P Nos.30/2016, 31/2016, 32/2016, 33/2016, 34/2016,
35/2016, 36/2016 and 37/2016 on the file of the Senior Civil Judge at
Jogulamba, Gadwal, as arbitrary, illegal and in violation of Article
300-A of the Constitution of India and consequently direct the
Respondents No.1 to 5 herein to deposit the balance decreetal
amounts as per the Judgment and decree in O.P No.160/1987,
196/1986, 47/1985, 39/1985, 37/1985, 52/198, 255/1987, 46/1985
dated 29.8.1992, 26.4.1990, 24.3.1995 and E.P Nos.39/2016,
31/2016, 32/2016, 33/2016, 34/2016, 35/2016, 36/2016 and
37/2016."
3. Brief facts in this writ petition are that the respondent authorities had
acquired the petitioners' land situated at Nandimalla Village for the purpose
of construction of submergence in PJP. Thereafter, respondent authorities
under Section 4(1) of the Land Acquisition Act, issued draft notification dated
26.09.1981 and subsequently, an Award dated 31.08.1982 was passed, wherein
the compensation was fixed to Rs.2,000/- per acre for dry land and Rs.5,000/-
per acre for wet lands. Aggrieved by the award dated 31.08.1982, petitioners
made applications under Section 18 of the Land Acquisition Act and the
matter was referred to Civil Court and numbered as O.P.Nos.47, 39, 37, 52
and, 46 of 1985, 196 of 1986, 160 and 255 of 1987. The Senior Civil Judge at
Jogulamba, Gadwal, vide Judgments and Decree dated 26.04.1990, 29.08.1992,
and 24.03.1995 respectively, enhanced the compensation. Challenging the
Judgments and Decree dated 26.04.1990, 29.08.1992, and 24.03.1995,
respondent authorities preferred appeal bearing A.S.Nos.1958, 1669, 2191, 1599
and 1968 of 1991, 705, 10, 325, 68, 308 and 309 of 1992, 372 and 215 of 1994, and
1058 of 1996 and this Court vide order dated 16.02.1995, 17.03.1994, 09.03.1994,
10.06.1996 and 02.11.1993 in I.A.No.3 of 2024 in A.S.Nos.1958, 1669, 2191, 1599
and 1968 of 1991, 705, 10, 325 68, and 309 of 1992, 372 and 215 of 1994
respectively, directed the respondents therein to deposit the balance decretal
amount.
4. Learned counsel for the petitioners submits that the petitioners for
realization of decreetal amounts, filed E.P.Nos.30, 31, 32, 33, 34, 35, 36 and 37
of 2016 before the Senior Civil Judge at Jogulamba, Gadwal. However, till date
the same is not deposited by the respondent No.5. Aggrieved by the Same, this
writ petition is filed.
5. Learned counsel for the petitioners had drawn attention of this Court
to Judgment passed in Abimidipati Annapoorna Bhavani Vs. Land
Acquisition Officer, Yeluru Reservoir Project Peddapuram, East Godavari,
A.P. and others 1, wherein direction was given to the respondent authorities
therein to deposit the compensation amount. Learned counsel for the
petitioners further submits that while dealing with the similar circumstance
this Court in W.P.No.887 of 2024 vide order dated 10.01.2024, passed the
following order:-
"5. Having regard to the same, the Writ petition is disposed of and
the respondent No.5 is directed to deposit the decretal amount in
terms of the order and decree, dated 15.02.2023, passed in
L.A.O.P.No.81 of 2015 on the file of Additional Senior Civil Judge,
Gadwal, to the credit of E.P.No.11 of 2023 in L.A.O.P.No.81 of 2015
on the file of the Additional 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."
6. Learned counsel for the petitioners submits that inspite of the order
dated 16.02.1995, 17.03.1994, 09.03.1994, 10.06.1996 and 02.11.1993 in I.A.No.3
of 2024 in A.S.Nos.1958, 1669, 2191, 1599 and 1968 of 1991, 705, 10, 325 68, and
309 of 1992, 372 and 215 of 1994, the respondent authorities have not deposited
balance decreetal amount till today and pray this Court to direct the
respondent authorities herein to deposit the decreetal amount in E.P.Nos.30,
31, 32, 33, 34, 35, 36 and 37 of 2016, on the file of the Senior Civil Judge at
Jogulamba, Gadwal, in a time bound period.
2005(3)ALT -233 (LB)
7. Learned Assistant Government Pleader appearing for respondents
submits that appropriate orders be passed in this writ petition.
8. Recording the submission made by learned counsel appearing on either
side and in terms of the order dated 10.01.2024 passed in W.P.No.887 of 2024,
this writ petition is disposed of directing the respondent authorities to deposit
balance decreetal amount in terms of the Judgement and decree dated
29.8.1992, 26.04.1990, 24.03.1995, passed in O.P No.160/1987, 196/1986,
47/1985, 39/1985, 37/1985, 52/198, 255/1987, 46/1985, to the credit of
E.P.Nos.30, 31, 32, 33, 34, 35, 36 and 37 of 2016, on the file of the Senior Civil
Judge at Jogulamba, Gadwal, as expeditiously as possible, at any rate within a
period of four (04) months from the date of receipt of a copy of this order and
communicate the same to the petitioners.
9. 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: 25.04.2025
SU
