Telangana High Court
Aluvula Sathyam vs The State Of Telangana on 2 May, 2025
THE HON'BLE SRI JUSTICE N.V. SHRAVAN KUMAR
WRIT PETITION No.14408 of 2025
ORDER:
Heard Sri Pingali Lakshmi, learned counsel for the petitioners and learned Assistant Government Pleader for Irrigation and Command Area Development 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. Perused the record.
2. This writ petition is filed seeking following prayer:
"declaring the action of the Respondents in not depositing the compensation as per the Judgment and Decree in LAOP No.567 of 2017 dated 12.04.2024 and EP.No.7 of 2024 on the file of the Principal District Judge at Mahabubabad as illegal arbitrary and NVSK,J W.P.No.14408 of 2025 2 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 LAOP.No.567 of 2017 dated 12.04.2024 and EP.No.7 of 2024."
3. Brief facts in this writ petition are that the respondent authorities had acquired the petitioners' land for the purpose of excavation of SRSP Canal of 21/R of DBM-60 from KM 3000 to 8015 on KC Main under SRSP Stage-II, situated within the limits of Maripeda village. Thereafter, respondent authorities under Section 4(1) of the Land Acquisition Act, issued draft notification dated 04.01.2007 and subsequently, an Award No.40/2008- 2009 dated 26.02.2009 was passed, wherein the compensation was fixed to Rs.60/- per Sq. yard for category-I and Rs.48/- per Sq. yard for Category-II lands. Aggrieved by the award dated 26.02.2009, petitioners made application under Section 18 of the Land Acquisition Act and the same was numbered as L.A.O.P.No.567 of 2017. The Principal District and NVSK,J W.P.No.14408 of 2025 3 Sessions Judge at Mahabubabad, vide Judgment and Decree dated 12.04.2024, enhanced the compensation by fixing Rs.350/- per Sq.yard for all category of lands fixed by the Land Acquisition Officer. Challenging the Judgment and Decree dated 12.04.2024, respondent No.5 preferred appeal bearing L.A.A.S.No.98 of 2024, and this Court vide order dated 26.12.2024 in I.A.No.2 of 2024 in L.A.A.S.No.98 of 2024, passed the following interim order:-
"There shall be stay of the order and decree dated 12.04.2024 passed by the learned Reference Court in L.A.O.P.No.567 of 2017, subject to the condition of the appellant depositing 50% of the amount awarded by the Reference Court within a period of eight weeks from the date of receipt of a copy of this order. On such deposit, the respondents are at liberty to withdraw the same."
4. Learned counsel for the petitioners submits that the petitioners for realization of decreetal amounts, filed E.P.No.7 of 2024 before the Principal District Judge at Mahabubabad. However, till date the same is not NVSK,J W.P.No.14408 of 2025 4 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 the Full Bench Judgment dated 04.03.2005 passed in Bhamidipati Annapoorna Bhavani vs Land Acquisition Officer, Yeleru 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.887 of 2024 vide order dated 10.01.2024, passed the following order:-
"5. Having regard to the same, the Writ petition is disposed of and the respondent No.5 is directed to deposit the decretal amount in terms of the order and decree, dated 15.02.2023, passed in L.A.O.P.No.81 of 2015 on the file of Additional Senior Civil Judge, Gadwal, to the credit of E.P.No.11 of 2023 in L.A.O.P.No.81 of 2015 on the file of the Additional Senior Civil Judge, Gadwal, as expeditiously as possible, at any rate within a 1 2005(3)ALT -233 (LB) NVSK,J W.P.No.14408 of 2025 5 period of four (4) months from the date of receipt of a copy of this order. There shall be no order as to costs."
6. Learned counsel for the petitioners submits that inspite of the interim order dated 26.12.2024 in I.A.No.2 of 2024 in L.A.A.S.No.98 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.7 of 2024 in L.A.O.P.No.567 of 2017 on the file of the Principal District Judge at Mahabubabad, 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 10.01.2024 passed in W.P.No.887 of 2024, this writ petition is disposed of directing the respondent authorities NVSK,J W.P.No.14408 of 2025 6 to deposit 50% of decreetal amount in terms of the order dated 26.12.2024 in I.A.No.2 of 2024 in L.A.A.S.No.98 of 2024, to the credit of E.P No.7 of 2024 in L.A.O.P.No.567 of 2017, 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 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 May 02, 2025 PN