THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.13316 of 2025

ORDER

Heard learned counsel for the petitioners and Learned Assistant Government Pleader for Irrigation appearing for respondent No.1, Sri.Mohd Naveed khan, learned Assistant Government for Finance and Planning appearing for respondent No.2 and Sri.Somu Srinivas 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 the compensation as per the Judgment and Decree in LAOP No.56 of 2015 dated 6.6.2023 and E.P No.48 of 2023 on the file of the Principal Senior Civil Judge Court at Wanaparthy, as illegal, arbitrary and violative of Article 300A of the Constitution of India and consequently direct the Respondents No.1 to 5 herein to deposit the decreetal amounts as per the Judgment and decree in L.A.O.P No.56 of 2015 dated 6.6.2023 and E.P.No.48 of 2023.”

3. Brief facts in this writ petition are that the respondent authorities had acquired the petitioners’ land for the purpose of constructions of excavation of of Shankara Samudram Balancing Reservoir. Thereafter, respondent authorities under Section 4(1) of the Land Acquisition Act, issued draft notification dated 22.07.2013 and subsequently, an Award dated 28.12.2013 was passed, fixing the market value at Rs.90,000/- per acre. Aggrieved by the award dated 28.12.2013, petitioner made application under Section 18 of the Land Acquisition Act and the same was numbered as L.A.O.P.No.56 of 2015. The Principal Senior Civil Judge at Warnaparthy, vide Judgment and Decree dated 06.06.2023, enhanced the compensation. Challenging the Judgment and Decree dated 06.06.2023, respondents preferred appeal bearing L.A.A.S.No.120 of 2024, and this Court vide order dated 18.12.2024 in I.A.No.3 of 2024 in L.A.A.S.No.120 of 2024, directed the respondents to deposit 50% of the amount, within a period of eight (08) weeks.

4. Learned counsel for the petitioners submits that the petitioners for realization of decreetal amounts, filed E.P.No.48 of 2023 before the Senior Civil Judge at Warnaparthy. However, till date the same is not deposited by the respondent No.5. Aggrieved by the Same, this writ petition is filed.

5. 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 others1, 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.12425 of 2025 vide order dated 24.04.2025, passed the following order:-

“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 2024, this writ petition is disposed of directing the

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respondent authorities to deposit 50% of decreetal amount in terms of the order dated 24.01.2024 passed in I.A.No.3 of 2024 in L.A.A.S.No.4 of 2024, to the credit of E.P No.56 of 2023 in L.A.O.P.No.37 of 2016, on the file of the Principal District Judge at Gadwal, as expeditiously as possible, at any rate within a period of three (03) months from the date of receipt of a copy of this order and communicate the same to the petitioners.”

6. Learned counsel for the petitioners submits that inspite of the interim order dated 18.12.2024 in I.A.No.3 of 2024 in L.A.A.S.No.120 of 2024, the respondent authorities have not deposited 50% the decreetal amount till today and pray this Court to direct the respondent authorities herein to deposit the decreetal amount in E.P.No.48 of 2023 in L.A.O.P.No.56 of 2015 on the file of the Senior Civil Judge