Aleti Ramaswamy Vs The State of Telangana

10.Bolla Thirupathaiah @ Bolla Laxmaiah, S/o. Bakkaiah, 49 years. (All Are Occ. Agriculturists, Rio. Narsaipalli Village, Nagarkurnool Mandal and District)

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...PETITIONERS

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AND

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

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2 The State of Telangana, Rep. by its Secretary Finance and Planning Department, Secretariat, Hyderabad.

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.7 The Chief Commissioner Land Administration, Nampally Station Road, Hyderabad, Telangana State.

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The District Collector (LA), Nagarkurnool District at Nagarkurnool

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The Land Acquisition Officer Cum Spl. Dy. Collector, M.G.L.l.S.P Nagarkumool, Nagarkurnool District,Telangana State.

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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 the affidavit filed therewith, the High Court may be

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pleased to issue writ of mandamus or any other appropriate writ, direction, declaring the action of the Respondents in not depositing the decreetal amount to the Credit of E.P. No. 512024 in O.P. No. 1712011on the file of the Hon'ble Senior Civil Judge at Nagarkurnool as illegal, arbitrary, unjust, and contrary to the Judgment of Larger Bench reported in 2005 (3) ALD 233 and consequently direct the Respondents to deposit the same to the credit of said E.P. No. 5/2024 in O.P. No. 1712011 on the file of the Honble Senior Civil Judge at Nagarkurnool.

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lA NO: 1 OF 2025

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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 decreetal amount to the credit of E.P. No.512024 in O.P. No. 1712011 on the file of the Hon'ble Senior Civil Judge at Nagarkurnool pending disposal of the writ petition.

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Counsel for the Petitioner : SRI R.RADHA KRISHNA REDDY

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Counsel for the Respondent No.1 : GP FOR lRRl AND COMM AREA DEV

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Counsel forthe Respondent No.2: GP FOR FINANCE

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Gounsel for the Respondent No.3to5 : ASST.GP FOR LAND ACQUISITION The Court made the following: ORDER

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"wr :-/

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THE HONOURABLE SRIJUSTICE N.V.SHRAVAN^KUMAR

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WRIT PETITION No.5735 of 2025

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ORDER:

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Heard learned counsel for the petitioners and learned^Assistant Government Pleader for Irrigation appearing for the^{respondentNo. 1,} learned Assistant Government Pleader for^{Financeappearing for} respondent No.2 and learned Assistant Government^{Pleader for Land} Acquisition appearing for respondent Nos.3 to 5. With^{theirconsent,} this writ petition is taken up for disposal.

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This Writ petition is filed seeking the following^prayer:-

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"to issue u.tnt of n.tandomus or any other appropiate writ direction declaing the action of the^{Respondents in not} depositing the decreetal amount to the Credit^{of E.P.No.Sof} 2O24 in O.P.No.17 of 2011 on the fiIe of the Honble^Senior Ciuil Judge at Nagarla nnool as illegal^{arbitrary unjust and} contrcry to the Judgment of Larger Bench^{reportedin 2O05} 3 ALD 233 o-nd consequentlg direct the Respondents^to deposit tle same to the credit of said E.P.No.S^{of 2024in} O.P.No.17 of 2011 on the file of the^{HonbleSenior Ciuil} Judge at Nagarkurnool and^pass."

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Brief facts of the petitioners case as stated^{are that} respondents/ State herein intended to^provide irrigation^{facilities for} the agriculture lands in Narsaipally Viliage,^{NagarkurnoolMandal,} Nagarkurnool District erstwhile Mahaboobnagar District.^The Government has planned for construction of Mahathma^{Gandhi Lift} Irrigation Scheme Project and respondents/ State had^acquiredthe

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lands belonging to the petitioners while initiating proceedings under Land Acquisition Act, 1g94 and Draft Notification under Section 4(1) of the said Act was published on 19. 1 1 .2OOg in Ofhcial Gazette No. 162 of 2008 mentioning the details of the lands and structures owned by the petitioners. After following the due procedure, respondenr No.5 has passed the award vide Award No.1 of 2010, dated 25.10.2010 determining the marker value of the land as Rs.lg4/_ per sq.meter and market value of the structures adopting the valuation estimates of houses and structures as furnished by the requisition authority ancl fixed the market value of 156 houses, structures and open sites etc., for a sum of Rs. 1,90,63 ,1O4 / _.

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Learned counsel for the petitioners submits that petitioners are not satished with amount fixed by respondent No.5 being inadequate and unreasonable, however they have received the amount under protest and made a request to refer the matter under Section 1g of the Land Acquisition Act, 1g94 for determinatron of correct market value of their lands acquired. Thereafter, respondent No.5 referred the matter to the reference Court. Consequently the reference was taken on file in the Court of Senior Civil Judge at Nagarkurnooi as O.p.No.17 of 2OI7 and after hearing both the parties and allowed the said O.P.No. 17 of 2OI7 was allowed by an order dated O4.01.2O 1 1. 5. Dissatished the order in O.p.No. lZ of 2011, petitioners preferred L.A.A.S.No.356 of 2015 before this Court for further enhancement of

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compensation and said^{appeal allowed along with the similarappeal} on 27.09.2022.^Aggrieved by the^{same,the respondents/ State} preferred Special Leave Petition before Hon'ble^{Supreme Court vide} SLP(Civil) No.28925 of 2024 and the^{saidSLP dismissed videorder} dated 17 .O9 .2024. In view of the^{judgementand decreedated} 27.O9.2022 made in L.A.A.S.No.356 of^{2015and batchthe orders have} become fina1 in all respects.

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Learned counsel for the^{petitionerssubmitsthat thereafter} petitioners have filed E.P.No.S of^{2024 in O.P.No.17 ol 2Oll on the hle} of the Senior Civil Judge^{at Nagarkurnoolfor payment of the enhanced} compensation by this Court vide^{judgmentand decree dated} 27.O9.2022 in L.A.A.S.No.356 of 2OI5,^{which cornes to} Rs. 15,52,06,785/- and ih. "^-" is still^{pending and the respondents} herein are not taking any steps to deposit the^{said decreetalamount.} Questioning^{the same, the present writ petition is filed. frarned} counsel for the petitioners further^{submitsthat the Larger bench} decisions reported in 2005 3 ALD^{233 in supportof his submissions.} 7 . Learned Assistant Government^{Pleader for l.and Acquisition} appearing for respondent Nos.3 to 5 did not^{dispute the same.} However, on instructions sought^{further time to depositthe decreetal} amount.

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Recording the above submissions, this writ^petition is^disposed of, directing the respondent^{authoritiesto deposit the decreeta'l}

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amount to the credit of E.p.No.S of 2024 in O.p.No.17 of 2011 on the file of the learned Senior Civil Judge at Nagarkurnool, as expeditiously as possible, preferably within a period of four (O4) months from the date of receipt of copy of this order.

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