Telangana High Court
Boya Rangamma vs The State Of Telangana on 3 February, 2025
HON'BLE SRI JUSTICE J. SREENIVAS RAO
WRIT PETITION No.2942 of 2025
ORDER:
This Writ Petition is filed seeking the following relief:-
"to issue a Writ order or Direction more particularly one
in the nature of Writ of Mandamus the action of
respondents in not depositing the decreetal amounts as
per the Judgment and Decree passed in LAOP No.24 of
2017, dated 12.12.2022 on the file of the Senior Civil
Judge, Narayanpet and G.O.Rt.No.291, Irrigation and
CAD (LA) Department, dated 05.11.2024 inspite of G.O.,
issued by respondent No.1 till not depositing the same
by Stating as illegal, arbitrary and violative of the
principles of natural justice."
2. Heard Sri S.Venkateshwar Reddy, learned
counsel for the petitioner and learned Assistant
Government Pleader for Irrigation for respondent No.1,
learned Assistant Government Pleader for Finance and
Planning for respondent No.2 and learned Assistant
Government Pleader for Land Acquisition for
respondent Nos.3 to 5.
3. Learned counsel for the petitioner submits that
petitioners are the owners and possessors of the land
in Sy.Nos.33 and 34 to an extent of Ac.6-11 cents,
situated at Panchalingala Village, Makthal Mandal,
Narayanapet District and the same was acquired by
respondent No.5 through Notification dated
01.03.2008 for formation of Samgambanda Balancing
Reservoir from KM 5.2000 to KM 9.900. By virtue of
the acquisition, petitioners were displaced from
Panchalingala Village. He further submits that
respondent No.5 has taken possession in the year
2008, by fixing the market value @ Rs.51,000/- per
acre. He further submits petitioners without satisfying
with the same, made application under Section 18 of
the Land Acquisition Act, 1894, seeking reference and
respondent No.5 referred the same to the Civil Court,
Narayanpet and the same was numbered as LAOP
No.24 of 2017, on the file of the learned Senior Civil
Judge, Narayanpet. The reference Court after hearing
both sides, vide its judgment dated 12.12.2022,
awarded Rs.1,90,000/- per acre for Irrigable Dry Land
and Rs.1.33.000/- per acre for Dry Land, and the
same has become final. Pursuant to the same,
petitioners requested the respondent authorities for
payment of the said amount. Accordingly, respondent
No.1 issued G.O.Rt.No.291, Irrigation & C.A.D (LA)
Department, dated 05.11.2024, sanctioning the
awarded amount. However, respondents have not
taken any steps to pay the said amount. Hence, the
action of respondents is contrary to the principle laid
down by the Larger Bench of erstwhile High Court of
Andhra Pradesh at Hyderabad in Bhimidipati
Annapoorna Bhavani v. The Land Acquisition
Officer, Peddapuram1.
4. Learned Assistant Government Pleader for Land
and Acquisition, basing upon the instructions
furnished by the Special Deputy Collector (LA) RLISP
Unit-I, Makthal, Narayanapet, submits that three (3)
months time is required to deposit the amount,
pursuant to the judgment passed by the learned
Senior Civil Judge, Narayanpet in LAOP No.24 of 2017
2005 (3) ALD 233
and requested this Court to grant the time as
requested by respondent No.5.
5. The submissions made by the learned Assistant
Government Pleader for Land Acquisition were not
disputed by the learned Assistant Government Pleader
for Irrigation, learned Assistant Government Pleader
for Finance and Planning and learned counsel for the
petitioners.
6. Taking into consideration of the facts and
circumstances of the case and the submissions made
by the respective parties, this Court deems it
appropriate to dispose of the writ petition, directing the
respondents to pay/deposit the amount awarded by
the learned Senior Civil Judge, Narayanpet in LAOP
No.24 of 2017, within a period of three (3) months from
the date of receipt of a copy of this order.
7. With the above direction, the Writ Petition is
disposed of. No costs.
Pending miscellaneous applications, if any, shall
stand closed.
______________________________
JUSTICE J. SREENIVAS RAO
Date: 03.02.2025
Note: Issue CC in a week
b/o
vsl
