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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

FRIDAY, THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO

:PRESENT: THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO: 41533 OF 2022

Between:

• 1. Kurva Mallaiah, S/o.Peddaiah, age 54 years
• 2. Yellamma, D/o.Peddaiah, age 51 years
• 3. Shankaramma, W/o.Ramudu, age 46 years
• 4. Sheshamma, W/o.Yadaiah, age 42 years
• 5. V.Chinna Chinnamma, W/o.Yerranna, age 75 years
• 6. V.Beeeraiah, S/o.Yerranna, age 52 years
• 7. V.Savaramma, W/o.K.Savaraiah, age 66 years
• 8. V.Yellamma, W/o.K.Savaraiah, age 54 years
• 9. V.Mallamma, W/o.Ramudu, age 42 years
• 10. V.Renuka, D/o.K.Savaraiah, age 30 years
• 11.K.V.Shyamalamma, W/o.Giraiah, age 52 years
• 12.K.V.Boja Raju, S/o.Beeraiah, age 42 years
• 13.K.Sayamma, W/o.K.Venkataiah, age 66 years
• 14.K.Mallamma, W/o.Late Kurva Balaiah, age 64 years All are Agriculturists and Residents of Jataprole Village, Nagarkurnool District.

...Petitioners

AND

• 1. The State of Telangana, Rep. by its Principal Secretary, Irrigation and CAD. Department (R & R) Secretariat, Hyderabad.
• 2. The Collector, Nagarkunrool District
• 3. The Special Deputy Collector, LA SSP at PJP Gadwal, Now merged with JLIP Gadwal, Gadwal.
• 4. The Special Deputy Collector, MGLISP, Nagarkurnool.

...Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in not depositing the decretal amounts as per the Judgment and Decree in 0.P.No.173 of 2003 dated 24/2/2005 on the file of the Senior Civil Judge, Wanaparthy, as modified by this Hon'ble Court in L.A.A.S.No.1229 of 2005 dated 7/8/2014 as illegal, arbitrary and violative of Article 300-A of the Constitution of India and consequently direct the respondents to deposit the decretal amounts as per the Judgment and Decree in O.P.No.173 of 2003 dated 24/2/2005 on the file of the Senior Civil Judge, Wanaparthy, as modified by this Hon'ble Court in L.A.A.S.No.1229 of 2005 dated 7/8/2014 forthwith.

IA NO: 1 OF 2022

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to deposit the decretal amount as per the Judgment and Decree in O.P.No.173 of 2003 dated 24-2-2005 on the file of the Senior Civil Judge, Wanaparthy, as modified by this Honble Court in L.A.A.S.No.1229 of 2005 dated 7-8-2014 forthwith.

Counsel for the Petitioners: SRI, V MANOHAR RAO

Counsel for the Respondent No.1 to 4: AGP FOR LAND ACQUISITION

The Court made the following: ORDER

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.41533 of 2022

ORDER:

Heard learned counsel for the petitioners and learned Assistant Government Pleader for Land Acquisition appearing for the respondents.

2. The grievance of ttre pelitioners in this writ petition is that in spite of the competent Civil Court passing a judgment and decree, d,ated, 24.02.2005 in O.P.No. 173 of 2003 as modified in LAAS No.1229 of 2005, dated 07.08.2014 on the file of this Court and the petitioners filing E.P- No.08 of 20 15 on the file o[ Court of Senior Civil Judge, Wanaparthy, the judgment debtor i.e., respondent No.3 failed to deposit the decretal amount even after lapse of more than seventeen years and the said E.P is being adjourned from time to time.

3. The facts of the case are that the land in Survey No.382, situated at Jataprole Village was acquired by passing an Award, dated 02.09.1976 and on the request made by the petitioners herein, the same was referred to the Court of Senior Civil Judge, Wanaparthy under Section 18 of the Land Acquisition Act, 1894 (for short, the Act, 1894J. Considering the said reference, the Civil Court passed a judgment and decree, dated 24.02.20O5, enhancing the compensation and the

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same was rnodilied in LAAS No. i229 oi 20O5. Seeking execution of the said judgment and decree as modified, the petitionerr; herein filed E.P.No.8 of 2015 on the file of Court of Senior Ci.,il Judge, Wanaparthy. In the se.id E.P., respondent No.3 hcrein stated to have entered appearalce and thc said execution proceedings are being dragged on liom time to time and are still pending. Respondent No.3 hereirL failed to deposit the decretal amount in spite of thc said judgrnent and decree has becomc final. Aggrievcd by the said inactirn on the part of respondenr. No.3 and the action of respondcnt Nos.1 and 2 in making avzrjlable the required funds for compl; ing rvith the said judgment and decree, the present writ petition is hled.

4. Having taken note of the facts and circumstances of the case, e:;pecially, the fact that the property rrf the petitioners was acquired, as early as, in the year 1975 and they are deprived of their property without fixirLg the proper compensati()n and though proper compensation was hxed by the competr:nt Civil Court on reference under Section 18 of the Act, 1894, rs early as on 24.02.20O5, the petitioners are not being paid $,ith said compensation as of date i.e., even after lapse of more than ""r"ri"". years, and in the light of law laid down by this Court in the case of Bhamidipati Annaporna

2

Bhavani v. Land Acquisition Officerl holding that the writ petition is maintainable even when execution proceedings are pending seeking a direction for payment of compensation as frxed by the reference Court, this Court is left with no other option except to declare that the action on the part of the respondents is totally arbitrary, illegal and violative of Article 2 i and 300-A of the Constitution of India.

5. In the circumstances, the Writ Petition is allowed directing respondent Nos.l to 3 to deposit the entire decretal amount covered by judgment and decree in O.P.No.l73 of 2OO3, dated 24.O2.2015 into ttre credit of the E.P. No.B of 2O15 on the file of Court of Senior Civil Judge, Wanaparthy, within a period of three months from the date of receipt of a copy of this order.

6. It is made clear that any negligence on the part of the respondents in complying with this order within the time stipulated will be viewed seriously and in such an event, the respondents would be liable to pay heavy costs.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs.

Date: 09.12.2o.22 YVL

//TRUE COPY'

ASSISTANT REGTST

I

SD/. C. PRAVEEN KUMAR

' lzoos 1:y aLn 233;

SECTION OFFICER

/

l

To,

• 1. The Principal Secretary, Irrigation and CAD., Department (R and R), State of Telangana, Secretariat, Hyderabad.
• 2. The Collector, Nagarkunrool District
• 3. The Special Deputy Collector, LA SSP at PJP Gadwal, Now merged with JLIP Gadwal, Gadwal.
• 4. The Special Deputy Collector, MGLISP, Nagarkurnool.
• 5. One CC to SRI. V MANOHAR RAO Advocate [OPUC]
• 6. Two CCs to GP FOR LAND ACQUISITION, High Court for the State of Telangana. [OUT]
• 7. Two CD Copies

MSK.J

$\overline{1}$ ١

DATED:09/12/2022

ORDER

WRIT PETITION IS ALLOWED WITHOUT COST

WP.No.41533 of 2022