Petitioners sought a writ of mandamus directing respondents to deposit decreed land acquisition compensation to the credit of an execution petition. Following a similar earlier writ petition conceded by the Government Pleader to be alike, the court directed deposit of the decretal amount within four months.
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[3302 ]
IN THE HIGH COURT FOR THE STATEOF TELANGANA AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE K. SARATH
WRIT PETITION NO: 8459 OF 2024
Between:
Kuniar Sang6i , Age. 42years, Occupation. Housewif e' e.J Ivlama Jumiia Phatak, Near BhagawanDevi Hospial, Charminar, Nampally, Hyderabad 500 001.
...PETITIONERS
AND
...RESPONDENTS
Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of l/andarnus or any other appropriate Writ or Writs, Order or Direction declaring the action of Respondents in not depositing the amount of compensation amounting to Rs-98,71 ,471-0o (as on 31/03/2O24) and lnterest alias 15 percentage on Rs.15,24,600-00 from 0110412024 till the date of actual payment, to the credit of E.P.No.227 ot 2014 in O.P.No.123 of 1995 pending on the file of the Court of the Honourable I Additional Senior Civil Judge, Ranga Reddy District, at. L.B. Nagar, vide Order and Decree Dated. 24-06-2005 in O.P.No.123 of'1995 passed by the Court of the Hon'ble I Additional Senior Civil Judge, Ranga Reddy District, at. L.B. Nagar, as manifestly arbitrary, illegal, malafide, unlawful, discriminatory, whimsical, unjust, unfair, unreasonable, irrational, without authority of law, more so same is in derogation of Rule of Law, and being actuated by unconscionable conduct of the Respondents by taking advantage of its unequal bargaining power, fraud on power, fraud on statute and ultra vires and violative of Articles 14,21 and 3004 of the Constitution of lndia read with provisions of the Land Acquisition Act, 1894 and contrary to the judgment of larger bench in the case of Bhimidi Annapoorna Bhavani v- Land Acquisition Offlcer (2005 SCC OnLine AP 167 (5))) and consequentially direct the Respondents to deposit the entire amount of compensation amounting to Rs.98,7'1 ,471-OO (as on 3110312024) and lnterest alias 15 percentage on Rs.15,24,600-0O from 0110412024 till the date of actual payment, vide Order and Decree Dated. 24lOOl-2OO5 in O.P.No.123 of'1995 passed by the Court of the Honourable lAddltional Senior Civil Judge, Ranga Reddy District, at. L.B. Nagar, to the credit of E.P.No.227 of 2O14 in O.P.No.123 of 1995 pending on the file of the Court of the Hon'ble I Additional Senior Civil Judge, Ranga Reddy District, at. L.B. Nagar, while awarding costs to the Petitioners and against Respondents-
lA NO: 1 OF 2024
Petition under Section'1 51 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 to deposit the entire amount of compensation amounting to Rs 9871471-00 (as on 3110312O24 and lnterest alias 15 percentage on Rs 1 524600-00 f rom 0110412024 till the date of actual payment, vlde Order and Decree Dated. 2410612005 in O.P.No.123 of 1995 passed by the Court of the Hon'ble I Additional Senior Civil Judge, Ranga Reddy District, at. L.B. Nagar, to the credit of E.P.No.227 of 2O14 in 0.P.No.123 of'1 995 pending on the file of the
.Y
Court of the Honourable I Additional Senior Civil Judge,Ranga.Reddy District, at. L.B. Nagar, pending determination of Writ Petition'
Counsel for the Petitioners: SRI ARVIND KUMAR AGARWAL
Counsel for the Respondent No.1,5 & 6: SRI GADI PRAVEENKUMAR, ' Dy. SOLICITOR GENERAL OF INDIA
Gounsel for the Respondent No.2 to 4: GPFOR REVENUE
the Court made the following: ORDER
, I
THE HON'BLE SRI JUSTICE K.SARATH
WRIT PETITION No.8459 of 2024
ORDER:
This Writ Petition is filed seeking a Writ of Mandamus to declare the action of the respondents in not depositing the compensation amount to the credit of E.P.No.227 of 2Ol4 in O.P.No.123 of 1995 on the file of the I Additional Senior Civil Judge, Ranga Reddy District at L.B.Nagar is arbitrar5z and il1ega1.
2
SI<, J W.P.No.8459 of 2O24
//TRUE COPY//
SD/- C. PRAVEEN KUMAR ASSISTANT REPISTRAR 1L__I SECTION 6TTICER
HIGH COURT
DATED:0210412024
ORDER
WP.No.8459 of 2024
cl i! 1Hf- S)4 ti
(n(
3 0 tfiAy 2024
O6 ,'
.SI,ATC Uf i-l
DISPOSING OF THE WRIT PETITION WITHOUT COSTS
+
1 issue framed by the court
Whether the respondents must deposit the compensation decreed in O.P.No.123 of 1995 to the credit of E.P.No.227 of 2014 pending on the file of the I Additional Senior Civil Judge, Ranga Reddy District
1 provisions across 1 enactments
Anil Kumar Sanghi
Arun Kumar Sanghi
Sharada Sanghi
Kanahiya Sanghi
Deepika Sanghi alias Deepika Gupta
Union of India, Ministry of Defence
K. Sarath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
