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1993 Supreme(AP) 528

B.SUBHASHAN REDDY
Kasani Subbamma – Appellant
Versus
Government Of A. P. – Respondent


B. SUBHASHAN REDDY, J.

( 1 ) HAVING regard to the facts and circumstances of the case, absolutely, I do not see any justification for the respondents in not honouring the decree dated 1-7-1982 rendered by the Court of Subordinate Judge, Kovvur in O. P. No. 45 of 1980 which admittedly, had become final and executable. The petitioner is aged 55 years. Even though the decree was passed more than 11 years back, the same had not been honoured yet. The action of the State in acquiring the property of subject and not paying the compensation for this length of time is highly arbitrary, and atrocious. By this gross inaction of the State to honour the decree which had become final as the decree pertains to payment of compensation in lieu of deprivation of property of the petitioner, the constitutional guarantee under Article 300-A of the Constitution of India is violated. The State should move faster and pay compensation expeditiously.

( 2 ) THE learned Government Pleader resists the grant of relief in the writ petition on the ground that the decree is executable. It is true, that the decree is executable, and in fact, after O. P. No. 45 of 1980, a reference application was answered enhancing




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