Allowed

T. Thirupathaiah v. The State of Telangana

Telangana HC19 Jul 2023WP/18861/2023

Case brief

AI extract

What is this about?

The High Court allowed a writ petition challenging the State authorities' failure to deposit land acquisition compensation fixed by a 2013 High Court judgment. The Court held the delay arbitrary and directed payment to pending execution proceedings.

What did the court decide?

Direct respondents to deposit the entire decretal amount to the credit of the Writ Petition cases on the file of Senior Civil Judge, Wanaparthy, within three months.

T. Thirupathaiah Vs The State of Telangana — Property and Title | Telangana HC (2023)

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132s2 |

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IN THE HIGH COURT FOR^{THE STATE OF TELANGANA} AT HYDERABAD (Special Original Jurisdiction)

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WEDNESDAY, THE NINETEENTH DAY OF JULY TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE MRS JUSTICE SUREPALLI^NANDA

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WRIT PETITIO N NO: 18851 OF²⁰²³

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Between:

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T. Thirupathaiah, S/o Ranganna.^{Age 52 ye-arsare agriculturists, R/ o.} Janamp6t Village, Pebber^{Mandal.Wanaparthy District}

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Smt. Gangaram Subadramma^{(Died),per LR KonduruBal Reddy, Sio Smt} G. Subadramma, Age⁴⁷ Years

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Chinna Bagaradamma^{(Died), per LR Gone Venkateshwar Reddy,S/olate} Chinna Bagiradamma, age⁵² Yeats

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Golla Venkataiah, S/o. Narsimha,^{age 35 years}

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Golla Bakkanna @ M.^{Pedda Bakkanna (Died, per LR Madugoni Venkatiah,} S/o. late Pedda BEktanna,^{age 58 years All are agriculturists,R/ o Janampet} Village, Pebber Mandal,^{Wanaparthy District}

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...PETITIONERS

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AND

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1 The State of Telangana, Rep^{by its PrincipalSec.r-efary (lrrigation,and} Command Area Deveiopment)^{Secr6tariat Buildings, Saifabad, Hyderabad}

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2 The State of Telangana,^{Rep. by its Principal Secretary (Finance Department)} Secretariat Buildings,^{Saifabad,Hyderabad}

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The Chief Commissioner^{LandAcquisition, Nampally, Hyderabad'}

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The District Collector,^{Wanaparthy, At Wanaparthy.}

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6 The Land Acquisition^{Officer and S?ecial Deputy} .Collector'^{LA Unit, PJP} Ciart, tlo-mergeO^{with Specail Deputy Cblldctor,RLISP-Il,Pebberat} wana,arth,

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..RESP.NDENTS

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Petition under^{Article 226 of the constitution of lndia praying that in the} circumstances^{statedin the affidavit filed therewith,the High court may be} pleased to issue an appropriate^{writ, order or direction more particularly one in} the nature of writ^{of Mandamusdeclaring the actionof the Respondents in not} depositing compensation^{amounts to the Petitronersas per Judgmentand}

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DecTee n OP No¹ 'r' tc 155/2002 dated 26^1O 200t^orl tlr.^{f rle ' of ieniorCrvrl} Judge, VVanal)ar'lri as enhanced by this Hon ble Ccurt rr \Ali^{No 925, 933} 934. 936 and 94(l/: ll'1 dated 26.09.2013. as arbitrary. tlk-'r;a at^{d tn vtolationof} Article 300-A .f he Const tution of lndia and crlrs^{r:rlLlertyd rect the} Respondents No I^,r 5 herein to depostt the entrre d€ creetit a'r1)unts as^perthe Judgment rn OP Nr 15'1 to 155/2002 dated 26.1O 20C4 on^{hi: frl: of SeniorCivil} Judge. Wanaparlr) as enhanced by this Honble Corrt^{itr l.\Atl No 925, 933,} 934, 936 and J4e;lil^r.1 1 dated 26.O9.2013.

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Counsel for the Pe'itioners : SRI V.MANOHAR RAO

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Counsel for the Re^tpondent No.1 : GP FOR lRRl ANt)^{COIV Nl AFIEA DEV} Counsel for the Re ;pondent No.2 : GP FOR FINANCI:^{AND F'LAh,lNlNG DEPT} Counsel for the Re, ;pondent No.3to5: GP FOR LAND ACQ[,lSlTlON The Court made thr f,cllowing: ORDER

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HON'BLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITI ON No.1886 L of 2023

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ORDER:

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Heard learned counsel for the petitioners, learned Government Pleader for Irrigation and Command Area Development appearing for respondent No.1, learned Government Pleader for Finance and planning Department appearing for respondent No.2 and learned Government Pleader for Land Acquisition appearing for respondent Nos.3 to 5.

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The grievance of the petitioners in this writ petition is that in spite of passing a common judgment and decree, dated 26.09.2013 in L.A.A.S.Nos.925, 933, 934,936 and 946 of 2011 by this Court and the petitioners filing E.P.Nos.3 of 2021, 4 of 2022, 5 of 2022, 2 of 2O21 and 3 of 2022 on the file of Court of Senior Civil Judge, Wanaparthy, the judgement debtor i.e.., respondent No.5 failed to deposit the decretal amount even after lapse of more than eight years and the said E.P is being adjourned from time to time.

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Th,: f'a( t,s of the case are^{that the land n Survey} No.306/.u sltu tted at^{lanampet Village, was acqui-erd by Land} Acquisitirtn cl 'i(.er, by^{passing an Award,c atecl 1 5 09 1999} and on the^{r: qtrest made by the petitionersherei 1, thl same} was referred l.o the^{Court of Senior Civil Judge, VYanilparthy} under Sr:ctior- l B of the^{LandAcquisition Acl.,189 4 (fc r short} 'the Ac':, 1'tg4'). By its Judgment^an I^decr.eedated 26.10.2004 tl e competent^{Civil Court dismissedtlre: re'erence} confirmir.rg th I award^{passed by the Land Acquisition Cfficer'} Aggrieve'd lly the same,^{L.A.A.S'Nos.925,933,9.14, 936 and} 946 ot 201.. ciated^{26.09.2073were pref:rred [:efcre this} Court and : ti:; Court^{allowed the appeals by fixingthe} compensatior at Rs.65,000 /-^{per acre for dry lanJs and} Rs.75,000/- r€lr acre for irrigated^{drylwetlanJ:,} '^lieeking execution of the said^{judgment and decree as nrcrdified, the} petitionerrs h rrr:in filed E.P.Nos.3 of 2OZl,^{4 of .t022, 5 of} 2022, 2 o1 2tt2l and 3^{oF 2022 on the file of Cottrl:oF Senior} Civil luclge, V;:naparthy. In^{the saidE.P.,resp'lrderrt No5} herein r;tate, I to have entered^{appearan:e arlcl the said} executicn^prt c<:edings are^{beingdragged on fronlti ne to time} and are still^g errding. Respondent^{No.5hereinfaik:cito deposit}

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the decretal amount in spite of the said judgment and decree having become final. Aggrieved by the said inaction on the part of respondent No.5 and the action of respondent Nos.1 and 2 in making available the required funds for complying with the said judgment and decree, the present writ petition is filed.

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Having, taken note of the facts and circumstances of the case, especially, the fact that the property of the petitjoners was acquired, as early as, in the year 1999 and they are deprived of their property without fixing the proper compensation and though proper compensation was fixed by this Court as early as on 26.09.2013, the petitioners are not being paid with said compensation as of date i.e., even aFter lapse of more than eight years, and in the light of law laid down by this Court in the case of Bhamidipati Annaporna Bhavani v. Land Acquisition Officert holding that the writ petition is maintainable even when execution proceedings are pending seeking a direction for payment of compensation as fixed by the reference Court, this Court is left with no other option except to declare that the action on the part of the ' lzoos 1:1^nlo z::y

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s\l

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r espon(lent: : totally arbitrary, illegal and viol3_',,e of Article 27 aad 300- \ lf the Constitution of India.

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In :l-,, circumstances, the Writ p3titior) is allowed directing f^r'.: rr:spondents to deposit tl^e erti-e decret.l amounl r:c e-ed by common judgmenl anrj de cree in L.A.A.S.Nos. ),t5, 933, 934, 936 and 946 of ::011 dated 26.49.2013 nto the credit oF the E.p.No:;.3 o, 2O?1, 4 of 2022, 5 ot )-)i2, 2 of 2027 and 3 of 2022 on ther^,ile of Court of Senicr Ciril Judge, Wanaparthy, within a pe-rr:rj 36 15.". months fron- tlte date of receipt of a copy of this ,>r Jer.

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It is n- lcre clear that any negligence )n th I part of the respondents irr complying with this order wittrir the time stipulated wi I oe viewed seriously and in such an ev3nt, the responden:s ,rrould be liable to pay heavy costs.

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Iv]lscr:l , n 3ous petitions, if any, penCing ir. this writ petition sh,lll stand closed. There shall be no ordr:- ,:ts to costs.

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SD/. K SREERAMA^MURTY ASS IS'TAI\IT REGISTRAR

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//TRUE COPY//

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-v I;E(;TION OFFICER

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To, 1. The Pr ncipa Secretary (lrrigatron and Commanti 'lrrea Development) Secretariat'BL rloings, Staie of T-elangana,^{Saifabad, Hycerabitd}

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1. The^prirrcipar Sr;cfitary^{(Finance Department)Socretili; I Brtrldinqs, Stateot} l elargana. S, if;rbad. Hyderabad

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The Ciiet Ocr rntissioner^{LandAcqursition.Nampirllyf1/d 5ra lad}

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The Dislrict^O rl|r:ctor, Wanaparthy.^{At Wanaparth'2.}

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/ /

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5 The Land^{AcquisitionOfficer and Special. DeputyCollector'LA Unit' PJP} Gadwal. Now^{mergedwith Special Deputy CollectJi'n"iisprr ptnoer at} Wanaoarthv.

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