Telangana High Court

Smt. Pokala Pushpalatha vs The State Of Telangana on 1 July, 2025

     THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

                     WRIT PETITION No.18247 of 2025

ORDER:

Heard learned counsel for the petitioners and Sri.Naveed Khan,

learned Assistant Government Pleader for Finance appearing for respondent

No.1, Sri.Daravath Ravi, learned Assistant Government for Irrigation

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 their consent, 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 the compensation amount as per the Judgment and Decree in L.A.O.P No.109 of 2013 dated 12.01.2024 on the file of the Honourable Senior Civil Judge at Jagtial to the credit of E.P No.12 of 2024 on the file of the Honourable Senior Civil Judge at Jagtial as illegal and violative of Article 14, 21 and 300-A of the Constitution of India and consequently direct the Respondents No.1 to 5 herein, to forthwith deposit the decretal amounts as per the Judgment and decree in L.A.O.P No.109 of 2013 dated 12.01.2024 to the credit of E.P No.12 of 2024 on the file of the Senior Civil Judge at Jagtial."

3. Brief facts in this writ petition are that the respondent authorities had

acquired the petitioners' land for the purpose of excavation of flood flow canal

at K.M.No.78.000 to 79.000 at Muthyampet village of Mallial Mandal of

Karimnagar District under the provisions of the Land Acquisition Act, 1984.

Thereafter, respondent authorities passed an Award in proceeding No.C/198

of 2005 dated 17.02.2009. Aggrieved by the award dated 17.02.2009, petitioners

made application under Section 18 of the Land Acquisition Act and the same

was numbered as L.A.O.P.No.109 of 2013. The Senior Civil Judge at Jagtial,

vide Decree dated 12.01.2024, enhanced the compensation.

4. Learned counsel for the petitioners submits that the petitioners for

realization of decreetal amounts, filed E.P.No.12 of 2024 before the competent

authority. Subsequently, respondents had filed L.A.A.S. No.132 of 2024 and

this Court vide order dated 19.12.2024, granted stay on award dated 12.01.2024,

on a condition to pay 50% of the decretal amount, within a period of eight (8)

weeks. However, till today the same is not paid by the respondents. Aggrieved

by the Same, this writ petition is filed.

5. Learned counsel for the petitioners submits that while dealing with the

similar circumstance this Court in W.P.No.14290 of 2025 vide order dated

02.05.2025, passed the following order:-

"8. 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 writ petition is disposed of directing the respondent authorities to deposit 50% of decreetal amount in terms of the order dated 25.11.2024 in I.A.No.2 of 2024 in L.A.A.S.No.96 of 2024, to the credit of E.P.No.6 of 2024 in L.A.O.P.No.624 of 2015, on the file of the principal District Judge at Mahabubabad, as expeditiously as possible, at any rate within a period of three (03) months from thedate 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 order

dated 19.12.2024 in L.A.A.S. No.132 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 50% the decreetal amount in

E.P.No.12 of 2024 in L.A.O.P.No.109 of 2013 on the file of the Senior Civil

Judge at Jagtial, 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 02.05.2025 passed in W.P.No.14290 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