Citation : 2025 Latest Caselaw 5179 Tel
Judgement Date : 29 April, 2025
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.13360 of 2025
ORDER:
Heard learned counsel for the petitioners and Sri.Somu Srinivasa
Reddy, learned Assistant Government Pleader for Land acquisition appearing
for respondent Nos.1 to 3, learned Assistant Government Pleader for
Irrigation and Command Area Development appearing for respondent No.4
and learned Assistant Government for Finance and Planning appearing for
respondent No.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 amount for the acquired structures of the Petitioners situated at Paladugu Village, Vatpally Mandal (earlier Regode Mandal), Sangareddy District (earlier Medak District), Telangana State, as per the order/decree dated 30.06.2004 passed by the Honble Senior Civil Judge at Medak, Medak District, as illegal, arbitrary and violation of Article 300A of the Constitution of India and consequently direct the respondents to deposit enhanced compensation amount together with interest on solatium and additional market value payable to the Petitioners in respect of total acquired houses covered by E.P No.32 of 2024 in LA.OP.No.46 of 2004 on the file of Honble Senior Civil Judge, at Sangareddy, Sangareddy District (after bifurcation of judicial District, the Paladugu village Vatpally Mandal comes under Jurisdiction of Sangareddy District Court, hence Ep filed in the Senior Civil Judge Court at Sangareddy)."
3. Brief facts in this writ petition are that the respondent authorities had
acquired the petitioners' properties situated at Paladugu Village for the
purpose of Singoor Project. Thereafter, respondent authorities under Section
4(1) of the Land Acquisition Act, issued notification dated 26.03.1984 and
subsequently, an Award dated 10.06.1988 was passed, fixing the market value
of the land at Rs.6/- per Sq.meter. Aggrieved by the award dated 10.06.1988,
petitioners made applications under Section 18 of the Land Acquisition Act
and the matter was referred to Civil Court and numbered as L.A.O.P.No.46 of
2004. The Senior Civil Judge at Medak, vide Judgment and Decree dated
30.06.2020, enhanced the compensation. Thereafter, the petitioners for
realization of decretal amount, filed E.P.No.32 of 2024, before the Senior Civil
Judge, at Sangareddy. However, till date the same is not deposited by the
respondent No.1. Aggrieved by the Same, this writ petition is filed.
4. Learned counsel for the petitioners submits that while dealing with the
similar circumstance this Court in W.P.No.24645 of 2022 vide order dated
10.06.2022, passed the following order:-
"Therefore in view of the decision of the Larger Bench in Bhimidipati Annapoorna Bhaaani (2005(3) ALD 223 (LB) and order dt.18.08.2021 in W.P.No.18867 of 2021, and for reasons alike, the official respondents are directed to deposit the compensation amount in terms of order/decree dated 01.08.2016 and 18.08.2016 in L.A.O.P. No.1 of 2013 and L.A.O.P.No.2 of 2013 of the VII Additional District Judge, at Sangareddy, to the creclit of EP No.157 of 2020 and EP No.159 of 2020 on the file of the said Court, as expeditiously as possible, preferably within a period of two (02) months from the date of receipt of a copy of this order."
5. Learned counsel for the petitioners submits that inspite of the Judgment
and Decree dated 30.06.2020 in L.A.O.P.No.46 of 2004, the respondent
authorities have not deposited decretal amount till today and pray this Court
to direct the respondent authorities herein to deposit decretal amount in
E.P.No.32 of 2024 in L.A.O.P.No.46 of 2004, on the file of the Senior Civil Judge
Sangareddy, in a time bound period.
6. Learned Assistant Government Pleader appearing for respondents
submits that appropriate orders be passed in this writ petition.
7. Recording the submission made by learned counsel appearing on either
side and in terms of the order dated 10.06.2022 passed in W.P.No.24645 of 2022,
this writ petition is disposed of directing the respondent authorities to deposit
decretal amount in terms of the Judgement and decree dated 30.06.2020 in
L.A.O.P.No.46 of 2004, to the credit of E.P.No.32 of 2024 in L.A.O.P.No.46 of
2004, on the file of the Senior Civil Judge at Sangareddy, as expeditiously as
possible, at any rate within a period of two (02) months from the date of receipt
of a copy of this order and communicate the same to the petitioners.
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: 29.04.2025 SU
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