Citation : 2025 Latest Caselaw 3994 Tel
Judgement Date : 17 June, 2025
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.16529 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 and 4. With the consent of the parties, the writ
petition is being taken up for disposal at the admission stage
itself.
2. The petitioners are aggrieved by the action of
respondents in not depositing compensation amounts to the
petitioners as per Order and Decree of the Senior Civil Judge,
Narayanpet in LAOP No.47 of 2016 dated 11.10.2022 and a
consequential prayer is sought to deposit the decreetal amounts
to the credit of LAOP No.47 of 2016.
3. Brief facts in this writ petition are that the respondent
authorities had acquired the petitioners' land for the purpose of
formation of R&R Centre for displaced families in Anugonda
Village of Makthal Mandal. Thereafter, respondent authorities
under Section 4(1) of the Land Acquisition Act, issued draft
notification dated 21.08.2013 and subsequently, an Award
bearing No.47 of 2015 dated 31.08.2015 was passed, fixing the
compensation to Rs.60,000/- per acre. Aggrieved by the award
dated 31.08.2015, petitioner made application under Section 18
of the Land Acquisition Act and the same was numbered as
L.A.O.P.No.47 of 2016 on the file of Senior Civil Judge at
Narayanpet. The Senior Civil Judge vide Judgment and Decree
dated 11.10.2022, enhanced the compensation. Challenging the
Judgment and Decree dated 11.10.2022, respondents preferred
appeal bearing L.A.A.S.No.53 of 2023 before this Court, and this
Court vide order dated 29.09.2023 in I.A.No.3 of 2023 in
L.A.A.S.No.53 of 2023, directed the respondents to deposit 50%
of the amount, within a period of eight (08) weeks. However,
compensation was not paid to the petitioners. Aggrieved by the
same, this writ petition is filed.
4. 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,
2005(3)ALT -233 (LB)
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:-
"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."
5. Learned counsel for the petitioners submits that inspite of
the interim order dated 29.09.2023 in I.A.No.3 of 2023 in
L.A.A.S.No.53 of 2023, 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 L.A.O.P.No.47 of 2016 on the file of the
Senior Civil Judge at Narayanpet, 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
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 29.09.2023 passed
in I.A.No.3 of 2023 in L.A.A.S.No.53 of 2023, to the credit of
L.A.O.P.No.47 of 2016 on the file of the Senior Civil Judge at
Narayanpet, 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: 17.06.2025 mrm
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