IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GOPALAKRISHNA TAMADA Writ Petition No.4455 of 2008 Between: 1. Syed Sadath, s/o Mahaboob, r/o Velchal Village, Mominpet Mandal, Ranga Reddy District. 2. Syed Sadaq, s/o Mahaboob, r/o Velchal Village, Mominpet Mandal, Ranga Reddy District. 3. Syed Khaja, s/o Syed Jaffer, r/o Velchal Village, Mominpet Mandal, Ranga Reddy District. 4. Syed Yousuf, s/o Syed Vazir, r/o Velchal Village, Mominpet Mandal, Ranga Reddy District. 5. Syed Ismail s/o Bandigi Sab, r/o Velchal Village, Mominpet Mandal, Ranga Reddy District. 6. Syed Pasha, s/o Sharfuddin, r/o Velchal Village, Mominpet Mandal, Ranga Reddy District. 7. Syed Yousuf, s/o Syed Vazir Sab, r/o Velchal Village, Mominpet Mandal, Ranga Reddy District. 8. Syed Khaja, s/o Syed Jahangir, r/o Velchal Village, Mominpet Mandal, Ranga Reddy District. ... PETITIONERS AND 1. Government of Andhra Pradesh, rep. by Principal Secretary, Minor Irrigation & CAD, Secretariat Building, Hyderabad. 2. Principal Secretary, Finance department, Govt. of A.P. Secretariat Building, Hyderabad. 3. Chief Engineer, Minor Irrigation & CAD, Erramanjil, Punjagutta, Hyderabad. 4. Executive Engineer, Irrigation & CAD, Vikarabad, Vikarabad Division, Ranga Reddy District. 5. District Collector, Ranga Reddy District, Lakdikapool, Hyderabad. 6. Land Acquisition Officer-cum-Revenue Divisional Officer, Vikarabad Division, Vikarabad, Ranga Reddy District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue writ or order or direction, more particularly one in the nature of writ of mandamus, declaring the action of respondents in not depositing the amounts requisitioned by 4th respondent to satisfy the reference court award in O.P.No.10 of 1995, dated 18-12-1998, by the learned Senior Civil Judge, Vikarabad and as enhanced by this Court in A.S.No.309 of 2000, dated 22-01-2001, as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondents to deposit the amounts of Rs.10,11,863/- as requisitioned by 6th respondent in letter dated 29-09- 2007, to satisfy the judgment & Decree in O.P.No.10 of 1995, dated 18- 12-1998, by the learned Senior Civil Judge, Vikarabad and also the judgment and decree in A.S.No.309 of 2000 of this Court and to pass such other orders. Counsel for the Petitioner: Mr. M. Laxman Counsel for Respondents 1 to 4:GP for Irrigation & Comm. Area Dev. Counsel for the Respondents 5 & 6: GP for Land Acquisition The Court made the following: ORDER: - Petitioners state that the Government acquired their lands for the purpose of formation of percolation tank at Velchal village, Mominpet Mandal and in that context proceedings under the provisions of the Land Acquisition Act, 1894 have been initiated. As the amount of compensation awarded by the Land Acquisition Officer was insufficient, they sought for a reference and accordingly the matter was referred to Civil Court and the amount of compensation was enhanced. As the said enhancement was also inadequate, they preferred appeal before this Court and the amount of compensation was further enhanced and thus the total amount of compensation works out to Rs.10,11,863/-. According to the petitioners, the office of the Superintending Engineer on the basis of the report of the Land Acquisition Officer addressed a letter to the Chief Engineer requesting him to release the funds for the said amount. However, the same is not released and paid to them. Hence, the petitioners approached this Court and filed the present writ petition. 2. Learned Assistant Government Pleader for Land Acquisition on instructions submits that petitioners herein have already filed execution petition bearing E.P.No.17 of 2001 in O.P.No.10 of 1995 on the file of the Court of the Senior Civil Judge, Vikarabad and the Land Acquisition Officer deposited an amount of Rs.9,47,257/- by way of cheque bearing No.MBC/CS/I-451141, dated 17-03-2008. 3. In the light of the same, this Court is of the view that no further orders need be passed in this writ petition. Learned counsel for petitioners, however, submits that the amount according to petitioners is Rs.10,11,863/- whereas the Land Acquisition Officer had only deposited Rs.9,47,257/- and thus there is variation of about Rs.60,000/- . I am sure the Executing Court, which is looking into E.P.No.17 of 2001, will take care of the same and pass appropriate orders. 4. Accordingly, the writ petition is disposed of at the stage of admission. ________________________________ JUSTICE GOPALAKRISHNA TAMADA Dt.25-03-2008 GLV ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER Copy to: 1. The Principal Secretary, Minor Irrigation & CAD, Government of Andhra Pradesh, Secretariat Building, Hyderabad. 2. The Principal Secretary, Finance department, Govt. of A.P. Secretariat Building, Hyderabad. 3. The Chief Engineer, Minor Irrigation & CAD, Erramanjil, Punjagutta, Hyderabad. 4. The Executive Engineer, Irrigation & CAD, Vikarabad, Vikarabad Division, Ranga Reddy District. 5. The District Collector, Ranga Reddy District, Lakdikapool, Hyderabad. 6. The Land Acquisition Officer-cum-Revenue Divisional Officer, Vikarabad Division, Vikarabad, Ranga Reddy District. 7. 2CCs to 8. 2CD copies Form-NIC-OGS/WP{KSRANI}