Telangana High Court
B. Balaswamy vs The State Of Telangana on 29 April, 2025
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.13285 of 2025
ORDER:
Heard learned counsel for the petitioners and Learned Assistant
Government Pleader for Irrigation appearing for respondent No.1, Sri.Mohd
Naveed khan, learned Assistant Government for Finance and Planning
appearing for respondent No.2 and Sri.Somu Srinivas Reddy, 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 L.A.O.P No.62 of 2018 dated 15.6.2023 on the file of the
Principal Senior Civil Judge Court at Wanaparthy, as illegal,
arbitrary and violative of Article 300A of the Constitution of India
and consequently direct the Respondents No.1 to 5 herein to deposit
the decreetal amounts as per the Judgment and decree in L.A.O.P
No.62 of 2018 dated 15.6.2023 and E P No.46 of 2023."
3. Brief facts in this writ petition are that the respondent authorities had
acquired the petitioners' land for the purpose of excavation of canal No.D-23
from Km 0.000 to Km 3.670 from Shankara Samudram Balancing Reservoir.
Thereafter, respondent authorities under Section 4(1) of the Land Acquisition
Act, issued draft notification dated 04.02.2013 and subsequently, an Award
dated 04.11.2013 was passed, fixing the market value at Rs.55,000/- per acre
for dry lands and Rs.60,000/- per acre for jalu thari lands and irrigated land.
Aggrieved by the award dated 04.11.2023, petitioner made application under
Section 18 of the Land Acquisition Act and the same was numbered as
L.A.O.P.No.62 of 2018. The Principal Senior Civil Judge at Warnaparthy, vide
Judgment and Decree dated 15.06.2023, enhanced the compensation.
Challenging the Judgment and Decree dated 15.06.2023, respondents preferred
appeal bearing L.A.A.S.No.129 of 2024, and this Court vide order dated
19.12.2024 in I.A.No.3 of 2024 in L.A.A.S.No.129 of 2024, directed the
respondents to deposit 50% of the amount, within a period of eight (08) weeks
from today.
4. Learned counsel for the petitioners submits that the petitioners for
realization of decreetal amounts, filed E.P.No.46 of 2023 before the Senior Civil
Judge at Warnaparthy. 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.12425 of 2025 vide order dated 24.04.2025, passed the
following order:-
2005(3)ALT -233 (LB)
"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 50% of decreetal amount in terms
of the order dated 24.01.2024 passed in I.A.No.3 of 2024 in
L.A.A.S.No.4 of 2024, to the credit of E.P No.56 of 2023 in
L.A.O.P.No.37 of 2016, on the file of the Principal District Judge at
Gadwal, as expeditiously as possible, at any rate within a period of
three (03) months from the date of receipt of a copy of this order and
communicate the same to the petitioners."
6. Learned counsel for the petitioners submits that inspite of the interim
order dated 19.12.2024 in I.A.No.3 of 2024 in L.A.A.S.No.129 of 2024, the
respondent authorities have not deposited 50% the decreetal amount till today
and pray this Court to direct the respondent authorities herein to deposit the
decreetal amount in E.P.No.46 of 2023 in L.A.O.P.No.62 of 2018 on the file of
the Senior Civil Judge at Warnaparthy, in a time bound period.
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 24.04.2025 passed in W.P.No.12425 of 2025,
this writ petition is disposed of directing the respondent authorities to deposit
50% of decreetal amount in terms of the order dated 19.12.2024 passed in
I.A.No.3 of 2024 in L.A.A.S.No.129 of 2024, to the credit of E.P No.46 of 2023 in
L.A.O.P.No.62 of 2018 on the file of the the Senior Civil Judge at Warnaparthy,
as expeditiously as possible, at any rate within a period of three (03) 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: 29.04.2025
SU
