THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.13222 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 compensation amounts to the Petitioners as per Judgment and Decree in L.A.O.P No.2 of 2023 dated 15.03.2024 and EP No.14 of 2024 on the file of the Additional Senior Civil Judge at Jogulamba Gadwal 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 the decreetal amounts as per the Judgment and decree in L.A.O.P No.2 of 2023 dated 15.03.2024 and EP No.14 of

2024.”

3. Brief facts in this writ petition are that the respondent authorities had acquired the petitioners’ land for the purpose of Ryalampadu Balancing Reservoir. Thereafter, respondent authorities under Section 4(1) of the Land Acquisition Act, issued draft notification dated 03.03.2013 and subsequently, an Award bearing No.31 of 2013 dated 14.12.2013 was passed, fixing the compensation to Rs.70,476/- per acre for dry lands and Rs.85,476 per acre for ID lands. Aggrieved by the award dated 14.12.2013, petitioner made application under Section 18 of the Land Acquisition Act and the same was numbered as L.A.O.P.No.2 of 2023. The Additional Senior Civil Judge at Jogulamba, Gadwal, vide Judgment and Decree dated 15.03.2024, enhanced the compensation. Challenging the Judgment and Decree dated 15.03.2024, respondents preferred appeal bearing L.A.A.S.No.72 of 2024, and this Court vide order dated 22.10.2024 in I.A.No.2 of 2024 in L.A.A.S.No.72 of 2024, directed the respondents to deposit 50% of the amount, within a period of eight (08) weeks from today.

4. Learned counsel for the petitioners submits that the petitioners for realization of decreetal amounts, filed E.P.No.14 of 2024 before the Principal Senior Civil Judge at Gadwal. 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:-

1 2005(3)ALT -233 (LB)

“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 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 22.10.2024 in I.A.No.2 of 2024 in L.A.A.S.No.72 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.N