IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
Hussain Sab – Appellant
Versus
The Special Deputy Collector – Respondent
WP 6209/2025
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.6209 of 2025
ORDER
Heard learned counsel for the petitioners and Sri.Somu Srinivasa Reddy, learned Assistant Government Pleader for Land acquisition appearing for respondent Nos.1 to 3, learned Assistant Government Pleader for Irrigation and Command Area Development appearing for respondent No.4 and learned Assistant Government for Finance and Planning appearing for respondent No.5. With the consent of the parties, the writ petition is being taken up for disposal at the admission stage itself.
2. This writ petition is filed seeking following prayer:
“to declare the action of the of the Respondents in not depositing compensation amount for the acquired structures of the Petitioners situated at Marnidipally village, Raikode Mandal, Sangareddy District, (earlier Medak District) as per the order/decree dated 02.11.2022, 03.11.2022, 04.11.2022 and 04.11.2022, passed by the Honble Senior Civil Judge at Zaheerabad, Sangareddy, as illegal, arbitrary and violation of Article 300A of the Constitution of India and consequently direct the respondents to deposit enhanced compensation amount together with interest on solatium and additional market value payable to the Petitioners in respect of total acquired houses covered by L.A.O.P No.16 of 2008, LAOP No.17 of 2008, LAOP No.19 of 2008 and LAOP No.29 of 2008 on the file of Honble Senior Civil Judge at Zaheerabad, Sangareddy District, (earlier Medak District) to the credit of E P No.10 of 2024 in LAOP of 2008 on the file of the Honble Senior Civil Judge at Zaheerabad, Sangareddy District.”
3. Brief facts in this writ petition are that the respondent authorities had acquired the petitioners’ properties situated at Mamidipally Village for the purpose of Singoor Project. Thereafter, respondent authorities under Section 4(1) of the Land Acquisition Act, issued notification dated 10.02.1989 and subsequently, an Award dated 03.12.1989 was passed, fixing the market value of the land at Rs.6/- per Sq.meter. Aggrieved by the award dated 03.12.1989, petitioners made applications under Section 18 of the Land Acquisition Act and the matter was referred to Civil Court and numbered as L.A.O.P.Nos.16, 17, 19 and 29 of 2008. The Senior Civil Judge, Zaheerabad, Sangareddy, vide Judgment and Decree dated 02.11.2022, 03.11.2022 and 04.11.2022, enhanced the compensation. Thereafter, the petitioners for realization of decretal amount, filed E.P.Nos.7, 8, 9, and 10 of 2024, before the Senior Civil Judge, Zaheerabad, Sangareddy. However, till date the same is not deposited by the respondent No.1. Aggrieved by the Same, this writ petition is filed.
4. Learned counsel for the petitioners submits that while dealing with the similar circumstance this Court in W.P.No.24645 of 2022 vide order dated
10.06.2022, passed the following order:-
“Therefore in view of the decision of the Larger Bench in Bhimidipati Annapoorna Bhaaani (2005(3) ALD 223 (LB) and order dt.18.08.2021 in W.P.No.18867 of 2021, and for reasons alike, the official respondents are directed to deposit the compensation amount in terms of order/decree dated 01.08.2016 and 18.08.2016 in L.A.O.P. No.1 of 2013 and L.A.O.P.No.2 of 2013 of the VII Additional District Judge, at Sangareddy, to the creclit of EP No.157 of 2020 and EP No.159 of 2020 on the file of the said Court, as expeditiously as possible, preferably within a period of two (02) months from the date of receipt of a copy of this order.”
5. Learned counsel for the petitioners submits that inspite of the Judgment and Decree dated 02.11.2022, 03.11.2022 and 04.11.2022 in L.A.O.P.Nos.16, 17, 19 and 29 of 2008, the respondent authorities have not deposited decretal amount till today and pray this Court to direct the respondent authorities herein to deposit decretal amount in E.P.Nos.7, 8, 9 and 10 of 2024 in L.A.O.P.Nos.16, 17, 19 and 29 of 2008, on the file of the Senior Civil Judge, Zaheerabad, Sangareddy, in a time bound period.
6. Learned Assis
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