THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 13418 of 2011 Date: 22.09.2011 Between: Lavori Deepla and 2 others. … Petitioners And The High Court of Andhra Pradesh Rep., by the Registrar and another. … Respondents THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 13418 of 2011 O R D E R: The lands situated in Sy.No.174, 162 and 176 of Damercherla Village and Mandal, Nalgonda District belonging to the petitioners herein were utilized for the purpose of extension of Bhairavuni cheruvu tank of Damercherla Village in the year 1971. Subsequently, notification under Section 4(1) of the Land Acquisition Act, 1894 was issued on 08.11.1990 and pursuant thereto, the 2nd respondent passed an award dated 24.11.1992 fixing the market value at the rate of Rs.12,500/- per acre. Aggrieved by the same, W.P.Nos.12276 of 1994, 17858 of 1995, 2551 of 1996 and 7377 of 1996 were filed and by common order dated 14.09.1995 this Court allowed the writ petitions granting 9% interest from the date of possession i.e. 08.02.1971 for one year on the market value as against the notional interest awarded by the 2nd respondent and 15% for the subsequent years. Questioning the said order dated 14.09.1995, the 2nd respondent filed W.A.Nos.1431 of 1997 and etc. Pending the said Writ Appeal, by order dated 18.12.1997 made in W.A.M.P.No.2653 of 1997 interim suspension of the common order in W.P.No.12276 of 1994 and etc., dated 14.09.1995 was granted subject to the condition of depositing 50% of the amount awarded in the writ petitions within 8 weeks after deducting the amount already deposited towards interest. In compliance with the said direction, the appellants therein deposited the said amount to the credit of the Registrar of this Court. In the meanwhile, the 2nd respondent filed A.S.No.3286 of 2000 in this Court questioning the judgment of the reference Court made in O.P.No.59 of 1994 dated 26.08.2000 on the file of the Court of the Senior Civil Judge, Miryalaguda. The Writ Appeals and A.S.No.3286 of 2000 were heard together and by common judgment dated 19.07.2002, all the matters were disposed of. Though SLP.No.7881 of 2003 was filed against the said judgment of the Division Bench, the same was dismissed on 22.08.2008. Thereafter, the petitioners along with others filed E.P.No.93 of 2008 in O.P.No.59 of 1994 on the file of the Court of the Senior Civil Judge, Miryalaguda for release of the amount under the decree. Since the calculation memo filed by the 2nd respondent along with the counter included the amount deposited in this Court by the Land Acquisition Officer, E.A.No.1 of 2010 was filed by the claimants for transmitting the amounts deposited by the Land Acquisition Officer with the Registrar (Judicial), along with the accrued interest. Though the said application was ordered on 03.03.2010 since the amount that was deposited with this Court had not been forwarded, one of the claimants filed W.P.No.3041 of 2011. The said writ petition was allowed with a direction to forward the amount that was deposited to the credit of W.A.No.1431 of 1997 to the credit of Senior Civil Judge, Miryalaguda to be deposited to the credit of E.P.No.93 of 2008 within four weeks. Pursuant to the said order, the respondents forwarded only a part of the amount in deposit to the credit of E.P.No.93 of 2008. Aggrieved by the said action of the 1st respondent in not transmitting total amounts in Fixed Deposit together with accrued interest, the present writ petition is filed seeking a declaration that the action of the respondents in withholding the amounts is arbitrary and illegal. Having taken notice of the facts and circumstances of the case, this Court by order dated 28.7.2011 called for a report from the respondent No.1. In response to the same, the Registrar (Administration) submitted a report dated 03.08.2011 stating that as per the order of this Court dated 18.12.1997 in W.A.M.P.No.2653 of 1997 a sum of Rs.2,93,214/- was deposited by the Revenue Divisional Officer, Miryalaguda and the same was invested in a fixed deposit for which a sum of Rs.4,98,417/- was accrued towards interest and the said amount was kept in Personal Deposit Account of the Registrar (Administration). It is also stated that as per the order dated 15.02.2011 in W.P.No.3041 of 2011 the sum of Rs.2,93,214/- was transmitted to the credit of the Senior Civil Judge, Miryalaguda and the interest accrued i.e. Rs.4,93,417/-has been kept in Personal Deposit Account of Registrar (Administration), High Court of A.P., Hyderabad. Having gone through the report submitted by the 1st respondent and having heard the learned counsel for both the parties, I am of the opinion that Rs.4,98,417/- i.e., the interest accrued on the principal amount deposited by the 2nd respondent in compliance with the conditional order passed by this Court in W.A.No.1431 of 1997 shall also be transmitted to the executing Court in terms of the order in W.P.No.3041 of 2011. Accordingly, the Writ Petition is disposed of with a direction to the 1st respondent to transmit the balance amount available in Personal Deposit Account of Registrar (Administration) out of the amount that was deposited to the credit of W.A.No.1431 of 1997 within four weeks from today to the credit of E.P.No.93 of 2008 in O.P.No.59 of 1994 on the file of the Court of the Senior Civil Judge, Miryalaguda. On receipt of such amount, it is open to the Executing Court-Senior Civil Judge, Miryalaguda to pass appropriate further orders in accordance with law. No costs. ______________ G. ROHINI, J Date: 22.09.2011 KLP