IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.8190 of 2008 Between: V. Swamy Rao, S/o. Pedda Rao, R/o. Thummanpet Village, Balmoor Mandal, Mahaboobnagar District. ..... PETITIONER AND The Land Acquisition Officer-cum- Mandal Revenue Officer, Balmoor Mandal, Mahaboobnagar District. .....RESPONDENT 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 a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondent in not depositing the entire compensation amount to the credit of EP No. 14/2003 as arbitrary, illegal and violative of Article 14, 21 and 300-A of the constitution of India. Counsel for the Petitioner: MR.A.NARASIMHA REDDY Counsel for the Respondent: GP FOR LAND ACQUISITION The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.8190 of 2008 ORDER: According to the petitioner, his land was acquired under the provisions of the Land Acquisition Act, 1894 (for short, “the Act”) and the Land Acquisition Officer also fixed the compensation. On a reference sought for by the petitioner under Section 18 of the Act, the matter was referred to the Court of Senior Civil Judge, Nagarkurnool and the learned Senior Civil Judge, Nagarkurnool, enhanced the compensation fixed by the Land Acquisition Officer. Questioning the said enhancement, respondent preferred an appeal, which was dismissed. The Government also went to the Supreme Court and filed a special leave petition, which was also dismissed. Though the land was acquired as early as in 1987 and all the findings of the Courts are in favour of petitioner, respondent has not paid the compensation as fixed by the Civil Court. In those circumstances, petitioner filed E.P.No.14 of 2003 and the same is pending before the Senior Civil Judge, Nagarkurnool for the last more than four years. Hence he filed the present writ petition seeking a mandamus directing respondent to deposit the decretal amount in E.P.No.14 of 2003 in O.P.No.43 of 1992 on the file of the Court of the Senior Civil Judge, Nagarkurnool, forthwith. 2. A larger Bench of this Court in BHAMIDIPATI ANNAPOORNA BHAVANI v. LAND ACQUISITION OFFICER, YELERU RESERVOIR PROJECT, PEDDAPURAM, EAST GODAVARI DIST. AND OTHERS [1] held in the following manner, “…In cases arising out of the Act where the amount of compensation, finally determined has not been paid, a person must first resort to the alternate efficacious remedy of taking out execution and when despite taking out execution proceeding, if there is any delay caused on the part of authorities, resort can be had to filing of a writ petition in this Court and, this Court, while exercising its discretionary jurisdiction, in appropriate cases, may issue directions for immediate deposit of the amount of compensation by the State Government or the authorities on whose behalf the land has been acquired.” 3. The said ratio squarely applies to the case on hand. The amount of compensation is finally determined, the petitioner has availed the efficacious alternate remedy by filing E.P. No.14 of 2003 and the amount of compensation is not paid so far. Hence this Court, in its exercise of its discretionary power, directs the respondent to pay the amount of compensation along with solatium, interest and additional market value as fixed by the Senior Civil Judge, Nagarkurnool within a period of eight weeks from the date of receipt of a copy of this order. 4. The writ petition is accordingly disposed of at the stage of admission. ________________________________ JUSTICE GOPALAKRISHNA TAMADA Dt.16-04-2008 sh ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER Copy to: 1. The Land Acquisition Officer-cum- Mandal Revenue Officer, Balmoor Mandal, Mahaboobnagar District. 2. 2CCs to 3 . 2CD copies [1] 2005 (2) ALT 786 (LB)