Telangana High Court
S.Venkat Reddy vs The State Of Telangana, on 20 February, 2025
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
WRIT PETITION No.25578 OF 2015
ORDER:
This writ petition is filed seeking the following relief:
" ... to issue an appropriate Writ, Order or
direction, more particularly one in the nature of Writ of
Mandamus to declare the action of the respondents in
not depositing the decreetal amount pursuant to the
decree passed in O. P. No. 251 of 2011 dt. 17.04.2012 to
the credit of E.P. No. 40/2013 in O. P. No. 251/2011 on
the file of the Senior Civil Judge, Gadwal,
Mahaboobnagar District, as being illegal, arbitrary and
unjust and to grant such other relief or reliefs as this
Hon'ble Court deems fit and proper in the circumstances
of the case."
2. No representation on behalf of the petitioner.
3. Heard the learned Assistant Government Pleader for Irrigation
appearing on behalf of respondent Nos.1 and 2 and the learned
Assistant Government Pleader for Land Acquisition appearing on
behalf of respondent Nos.3 and 4.
4. The grievance of the petitioner is that he, his family members
and others are having land to an extent of Ac.9-00 in Sy.No.699/2,
698/2, 697/2, 696, 54/2, 54/3, 56/2 and 696/2 (hereinafter
referred to as 'the subject property') situated at Kamballapalli Village,
Pebbair Mandal, Mahaboobnagar District. Respondent No.4
acquired the subject property for construction of B.T. & U.T. of
Priyadarshini Jurala Project NTR Canal and passed an Award dated
20.06.2001 granting compensation @ Rs.24,000/- per acre. Not
satisfying with the same, the matter was referred to the reference
Court vide O.P.No.251 of 2011 under Section 18(2) of the Land
Acquisition Act, 1894 and the learned Senior Civil Judge,
Wanaparthy allowed the O.P. and enhanced the compensation from
Rs.24,000/- per acre to Rs.94,340/- per acre by its order and decree
dated 17.04.2011. Thereafter, the petitioner filed E.P.No.40 of 2013
on the file of Senior Civil Judge at Gadwal. During the pendency of
the said E.P., respondent No.4 filed appeal vide L.A.A.S. No.601 of
2013 and the Division Bench of the erstwhile High Court of
Judicature of Andhra Pradesh at Hyderabad dismissed the said
appeal on 31.10.2013 and the said judgment and decree passed by
the learned Senior Civil Judge, Wanaparthy has become final. In
spite of the same, respondents have not deposited the amount
pursuant to the order and decree passed by the reference Court.
5. From perusal of the record, it reveals that this Court while
ordering notice before admission on 22.09.2015, directed the
respondents to deposit the compensation amount pursuant to the
order passed by the Senior Civil Judge, Wanaparthy in O.P.No.251 of
2011 to the credit of E.P.No.40 of 2013 on or before 31st December,
2015. Respondents have not filed counter nor placed any
instructions whether, respondents deposited the compensation
amount or not, pursuant to the interim order dated 22.09.2015.
6. The Larger Bench of the erstwhile High Court of Andhra
Pradesh in Bhamidipati Annapoorna Bhavani vs. Land
Acquisition officer, Yeleru 1, held that even if the execution petition
is pending before the execution Court, the parties are entitled to
invoke jurisdiction under Article 226 of the Constitution of India
seeking direction to deposit the awarded compensation amount.
7. Taking into consideration the facts and circumstances of the
case as well as the principle laid down by the Larger Bench of the
erstwhile High Court of Andhra Pradesh in the above decision, the
respondents are directed to deposit the compensation amount
pursuant to the order and decree dated 17.04.2012 in O.P.No.251 of
2022 passed by the learned Senior Civil Judge, Wanaparthy, to the
credit of E.P.No.40 of 2013, within a period of four (4) weeks from the
date of receipt of a copy of this order, if not already deposited
pursuant to the interim order granted by the erstwhile High Court of
Judicature at Hyderabad for the State of Telangana and the State of
Andhra Pradesh.
1 2005(3) ALD 233 (LB)
8. With the above direction, the Writ Petition is disposed of. No
costs.
Miscellaneous petitions, if any, pending in this writ petition
shall stand closed. There shall be order as to costs.
_______________________
J. SREENIVAS RAO, J
Date: 20.02.2025
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