IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction)

FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND EIGHT

PRESENT THE HON'BLE MS JUSTICE G.ROHINI

WRIT PETITION NO : 13202 of 2008

Between:

1 Buddanna S/o. Yenkanna

R/o. Chintha Reddy Pally Village, Narva Mandal, Mahabubnagar District.

2 Damodar Reddy S/o. Yenkanna

R/o. Chintha Reddy Pally Village, Narva Mandal, Mahabubnagar District.

3 Smt. Tayamma W/o. Venkatanna

R/o. Chintha Reddy Pally Village, Narva Mandal, Mahabubnagar District.

4 Smt. Laxmamma W/o. Chinna Venkanna

R/o. Chintha Reddy Pally Village, Narva Mandal, Mahabubnagar District.

..... PETITIONERS

AND

1 The Government of Andhra Pradesh, Rep. by its Secretary, Irrigation and Command Area

(Projects Wing) Department, Secretariat, Hyderabad.

2 The Special Collector, Srisailam Project, Kurnool, Kurnool District.

3 The Special Deputy Collector, Priyadarshini Jurala Project,

Gadwal, Mahabubnagar District.

4 The Engineer-in-Chief, Irrigation Wing, Erramanzil, Somajiguda, Hyderabad.

.....RESPONDENTS

Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more one in the nature of Writ of Mandamus directing the respondents 1 to 4 herein to deposit the compensation amount to the Credit of E.P.no. 1140 of 2007 in O.P No. 339/95 dt. 8-1-2004 on the file of the Court of the Learned Senior Civil Judge, Gadwal, Mahabubnagar District.

Counsel for the Petitioner: MR.G.BUCHAIAH GOUD

Counsel for the Respondent No.: GP FOR LAND ACQUISITION

The Court made the following :

THE HON'BLE Ms. JUSTICE G. ROHINI

WRIT PETITION No. 13202 of 2008

O R D E R:

Heard both sides.

The land belonging to the petitioners herein situated in Chintha Reddy Pally Village, Narva Mandal, Mahbubnagar District was acquired for the purpose of Priyadarshini Jurala Project under the provisions of the Land Acquisition Act, 1894 (for short 'the Act'). It is not in dispute that the Land Acquisition Officer passed an award on 30- 10-1993 fixing the compensation payable to the petitioners. Subsequently, at the instance of the petitioners, the matter was referred to the civil Court under Section 18 of the Act. The civil Court disposed of O.P.No.339 of 2005 by order dated

08-11-2004, granting enhancement as claimed by the petitioners. Though the Government preferred an appeal being A.S.No.244 of 2007, the same was dismissed by this Court by order dated

19-04-2007. Thereafter, the petitioners preferred E.P.No.1140 of 2007 for realization of the amounts as per the decree granted by the civil Court, however, the E.P. is still pending. Aggrieved by the action of the respondents in not depositing the compensation amount, the present writ petition is filed.

In the counter affidavit filed on behalf of the respondents, the only plea raised is that the file was submitted to the Special Collector, Srisailam on 21-05-2008 for preparation of the budget proposals and the decretal amount would be paid as soon as the necessary orders are received from the Government.

Admittedly, the award was passed in the year 1993 and the petitioners were dispossessed long back in the year 1993. Even the civil Court disposed of the O.P.339 of 1995 in the year 2004.

In the circumstances, I deem it appropriate to dispose of the writ

petition with a direction to the respondents to finalize the proceedings and to deposit the amount payable to the petitioners to the credit of E.P.No.1140 of 2007 within a period of three months from the date of receipt of a copy of this order. No costs.

G. ROHINI,J

______________

Date: 18-07-2008 KLP