THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.13494 of 2025

ORDER

Heard learned counsel for the petitioners and Learned Assistant Government Pleader for Irrigation and Command Area Development appearing for respondent No.1, Learned Assistant Government for Finance and Planning appearing for respondent No.2 and Sri.Somu Srinivasa 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.

2. This writ petition is filed seeking following prayer:

“to declare the action of the Respondents in not depositing compensation amounts to the Petitioners as per Judgment and Decree in L.A.O.P No.1 of 2023 dated 18.10.2023 and EP No.2 of 2024 on the file of the Senior Civil Judge, Narayanpet, as arbitrary, illegal and in violation of Article 300A of the Constitution of India and consequently direct the Respondents No.1 to 5 herein to deposit entire decreetal amounts as per the Judgment and decree in L.A.O.P No.1 of 2023 dated 18.10.2023 and EP No.2 of 2024 on the file of the Senior Civil Judge, Narayanpet.”

3. Brief facts in this writ petition are that the respondent authorities had acquired the petitioners’ properties situated at DadanpallyVillage for the Rajiv Gandhi Lift Irrigations Scheme Project (RLISP) project unit-1. Thereafter, respondent authorities under Section 4(1) of the Land Acquisition Act, issued draft notification dated 11.08.2011 and subsequently, an Award No.2 of 2015 dated 01.06.2015 was passed, fixing one time compensation for houses and structures. Aggrieved by the award dated 01.06.2015, 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.No.1 of 2023. The Senior Civil Judge Narayanpet, vide Judgment and Decree dated 18.10.2023, enhanced the compensation. Thereafter, the petitioners for realization of entire decretal amount, filed E.P.No.2 of 2024, before the Senior Civil Judge, Narayanpet. However, till date the same is not deposited by the respondent No.5. Aggrieved by the Same, this writ petition is filed.

4. Learned counsel for the petitioners had drawn attention of this Court to Judgment passed in Abimidipati Annapoorna Bhavani Vs. Land Acquisition Officer, Yeluru Reservoir Project Peddapuram, East Godavari, A.P. and others, 2005(3)ALT -233 (LB), 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 period of four (4) months from the date of receipt of a copy of this order. There shall be no order as to costs.”

5. Learned counsel for the petitioners submits that inspite of the Judgment and Decree dated 18.10.2023 in L.A.O.P.No.1 of 2023, the respondent authorities have not deposited entire decretal amount till today and pray this Court to direct the respondent authorities herein to deposit entire decretal amount in E.P.No.2 of 2024 in L.A.O.P.No.1 of 2023, on the file of the Senior Civil Judge Narayanpet, in a time bound period.

6. Learned Assistant Government Pleader appearing for respondents submits that appropriate orders be passed in this writ petition.

7. 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 20