Allowed

Sudarshan Reddy v. The State of Telangana

Telangana HC10 Nov 2021WP/27917/2021

Case brief

AI extract

What is this about?

High Court of Telangana, in a writ petition filed under Article 226*, directed official respondents to deposit the enhanced compensation amount to the credit of E.P. No. 26 of 2020 within two months, relying on a Larger Bench judgment and a recent division bench order regarding land acquisition.

What did the court decide?

Directive to deposit the compensation amount to the credit of E.P. No.26 of 2020 within two months of the order.

Sudarshan Reddy Vs The State of Telangana — Land Acquisition | Telangana HC (2021)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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WEDNESDAY, THE TENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HON'BLE SRI JUSTICE T.VINOD KUMAR

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wRlT PET|TTON NO. 27917 0F 2021

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Betwee n:

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Sudarshan Reddy, S/o. Venkatram Reddy, Age.35 years, Occ. Agriculture, Fl/o. Ryalampad Village, Dharur Mandal, Jogulamba-Gadwal District.

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Venkatrami Reddy, S/o. Laxmi Reddy, Age. 50 years, Occ. Agriculture, R/o. Ryalampad Village, Dharur Mandal, Jogulamba-Gadwal District.

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Srinivas Reddy, S/o. Laxmi Reddy, Age. 55 years, Occ. Agriculture, R/o. Ryalampad Village, Dharur Mandal, Jogulamba-Gadwal District.

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Chinna Danaiah @ Danaiah, S/o. Savaranna @ Savarappa, Age.51 years, Occ. Agriculture, R/o. Ryalampad Village, Dharur lvlandal, Jogulamba-Gadwal District.

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Laxmi @ Laxmidevamma, W/o. Vema Reddy, Age. 53^years, Occ. Agriculture,

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R/o. Ryalampad Village, Dharur Mandal, Jogulamba-Gadwal District.

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Khaleel, S/o. late Divan Sab, Age.51^years, Occ. Agriculture, R/o. Ryalampad Village, Dharur Mandal, Jogulamba-Gadwal District.

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Laxmi @ Laxmidevamma, W/o. Vema Reddy, Age. 53 years, Occ. Agriculture, R/o. Ryalampad Village, Dharur Mandal, Jogulamba-Gadwal District.

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..,PETITIONERS

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AND

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The State of Telangana, Rep. by its Principal Secretary, lrrigation Department, Secretariat, Hyderabad.

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The State of Telangana, Rep by its Principal Secretary, Finance AND Planning

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Department, Secretariat, Hyderabad.

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The Chief Commissioner Land Administration, Nampally Station Road, Hyderabad.

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The District Collector (LA), Jogulamba-Gadwal District, Gadwal.

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The Special Deputy Collector (LA), Unit Jawahar Lift lrrigation ProjecU Priyadarshini Jurala Project Jogulamba-Gadwal District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia^praying that in the circumstances stated in ihe affidavit filed therewith, the High Court may be^pleased to issue an appropriate writ or order or direction more^particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of the Respondents in not depositing the entire decreetal amount to the credit of E.P. No. 26 of 2020 against O.P. No. 51 of 2016 on the file of the Hon'ble Senior Civil Judge at Gadwal, Mahabubnagar District are arbitrary, illegal, unconstitutional and contrary to the judgment of Larger Bench reported in 2005(3) ALD P.233 and consequently direct the Respondents to deposit the same to the credit of the said E.P.

IA NO: 1 OF 2021

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents herein to deposit the entire decreetal amount to the credit of E.p. No. 26 of 2020 against O.P. No. 5'l of 2016 on the file of the Hon,ble Senior Civil Judge at Gadwal, Mahabubnagar District.

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Counsel for the Petitioner: SRI P. ANIMI REDDY

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Counsel for the Respondent No.1: GP FOR |RRIGATION AND COMMAND AREA DEVELOPMENT

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Counsel for the Respondent No.2: GP FOR FTNANCE AND PLANNING

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Counsel for the Respondent Nos.3 to 5: GP FOR LAND ACQUISITION

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The Court made the following: ORDER

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HONOURABLE SRI JUSTICE T.VINOD KUMAR WRIT PETITIO N No.27917 of202l

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ORDER:

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This Writ^petition is filed for a Writ of Mandamus declaring the action of respondents in not depositing the entire decretal amount to the credit of E.p.No.26 of 2020 against O.p.No.5l of 2016 on the file of Senior Civil Judge Court, Gadwal, Mahabubnagar District, Telangana State, as arbitr.ary, illegal, unconstitutional and contrary to the judgment of Larger Bench reported in 2005(3) ALD 233 and consequently direct the respondents to deposit the sarne to the cr.edit of the said E.P.

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Heard learned counsel for petitioners, learned Government Pleader for Irrigation and CAD appearing for 1.t respondent, leamed Govemment Pleader for Finance and planning appearing for 2nd respondent, and leamed Government pleader for Land Acquisition appearing for respondent Nos.3 to 5.

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With the consent of all the counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at the stage of admission.

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Learned counsel on either side did not dispute that in sirnilar circumstances, by following a decision of the Larger Bench in Bhimidipati Annapoorna Bhavani Vs. Land Acquisition Officerr, this Court in W.P.No.18867 of 2021, disposed of the said Writ Petition directing the respondents therein to deposit the enhanced

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compensation amount, in terms of the order and decree, dt.19_09_201g passed in O.P.No.25 of 2015 by the leamed Senior Civil Judge, Gadwal, to the credit of E.p.No.g4 of 2019, as expeditiously as possible, prefbrably, within a period of two months from the date of receipt ofa copy ofthe said order.

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Therefore, in view of the decision of the Larger Bench in Bhimidipati Annapoorna Bhavani (supra) and order dt.18-08-2021 in W.p.No.1gg67 of Z02l and for reasons alike, the official respondents are directed to deposit the compensation amount in terms of order and decree dt.l5_11_2019 passed in O.p.No.51 of 2016 of the Senior Civil Judge, Gadwal to the credit of E.p.N o.26 of 2020 as expeditiously as possible, preferably within a period of two (02) months from the date ofreceipt ofa copy ofthis order.

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6 Accordingly, the Writ petition is disposed as noted above. No costs.

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The miscellaneous petitions pending, if any, shall stand closed.

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SD/.K.ONESIM ASSISTANT REGISTRAR //TRUE COPY// _/SECTION OFFICER

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To, 1 The Principal Secretary, lrrigation Department, State of Telangana, Secretariat, Hyderabad. 2 The Principal Secretary, Finance and Planning Department, State of Telangana, Secretariat, Hyderabad.

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