Citation : 2025 Latest Caselaw 5125 Tel
Judgement Date : 28 April, 2025
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.12979 of 2025
ORDER:
Heard learned counsel for the petitioners and Learned Government
Pleader for Land Acquisition appearing for respondent Nos.1, 3, 4 and 5,
Learned Government for Finance and Planning appearing for respondent
No.2. 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 Respondent authorities in not depositing the entire decretal amount to the credit of the E.P No.10 of 2025 in L.A.O.P No.2 of 2014 on the file of the Senior Civil Judge at Narayanpet, as illegal, arbitrary and contrary to the Judgment of Larger Bench reported in 2005 (3) ALD 233."
3. Brief facts in this writ petition are that petitioners claims that the
respondent authorities for the purpose of Excavation of Minor-11 on
Distributory-5 of Link Canal Kolisagar Lift Irrigation Scheme Stage-II from
Km.0-000 to HM.1-087, had acquired the petitioners' lands situated at
Ibrahimpatnam, Marikal Village, Makthal Mandal, Narayanpet District.
Thereafter, notification under Section 4(1) and draft declaration under Section
6 of the Land Acquisition Act, 1894 (hereinafter referred as 'the Act') was
published in the Gazette No.92/12 dated 10.10.2012 and after due enquiry, the
respondent authorities has categorized the acquired lands as dry lands and ID
lands and fixed the market value as Rs.75,000/- and Rs.95,000/-. Challenging
the same, petitioners under Section 18 of the Act, filed applications for
enhancement of compensation and the same was numbered as L.A.O.P.No.2
of 2014. The Senior Civil Judge at Narayanpet vide common order and decree
dated 10.01.2023 in L.A.O.P.No.2 of 2014 and batch , fixed the market value at
Rs.149.34 paisa per square meter. Thereafter, the petitioners for realization of
the decretal amount, filed E.P.No.10 of 2025 in L.A.O.P.No.2 of 2014. However,
till date decretal amount is not deposited. Aggrieved by the same, this writ
petition is filed.
4. Learned counsel for the petitioners submits that in similar circumstance
this Court in W.P.No.9394 of 2025 dated 28.03.2025, passed the following
order:-
"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 O.P No.4 of 2020, by the Senior Civil Judge at Gadwal, to the credit of E.P No.10 of 2023 in O.P No.4 of 2020 on the file of Senior Civil 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.."
5. Learned counsel for the petitioners further pray this Court to pass
similar orders as passed in W.P.No.9394 of 2025 dated 28.03.2025.
6. Learned Government Pleader 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.9394 of 2025 dated
28.03.2025, this writ petition is disposed of directing the respondent authorities
to deposit the decreetal amount in terms of the common order and decree,
dated 10.01.2023 passed in L.A.O.P.No.2 of 2014 and batch, by the Senior Civil
Judge at Narayanpet, to the credit of E.P No.10 of 2025 in L.A.O.P.No.2 of 2014
on the file of the Senior Civil Judge at Narayanpet, 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: 28.04.2025 SU
Publish Your Article
Campus Ambassador
Media Partner
Campus Buzz
LatestLaws.com presents: Lexidem Offline Internship Program, 2026
LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!