IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 8095 of 2008 Between: 1 Rajender, S/o. Pundlik Rao, R/o. Doangaon Village, Jukkal Mandal, Nizamabad District. 2 Gangaram, S/o. Shankar, R/o. Doangaon Village, Jukkal Mandal, Nizamabad District. 3 Balbheem, S/o. Gangaram, R/o. Doangaon Village, Jukkal Mandal, Nizamabad District. 4 Nagu Rao, S/o. Hulba, R/o. Doangaon Village, Jukkal Mandal, Nizamabad District. 5 Yashwanth Rao, s/o. Mank Rao, R/o. Doangaon Village, Jukkal Mandal, Nizamabad District. 6 Narsa Reddy, S/o. Vital Reddy, R/o. Doangaon Village, Jukkal Mandal, Nizamabad District. 7 Shankar Reddy, S/o. Sangappa, R/o. Doangaon Village, Jukkal Mandal, Nizamabad District. 8 Sanga Reddy, S/o. Hanma Reddy, R/o. Doangaon Village, Jukkal Mandal, Nizamabad District. 9 Gal Reddy, S/o. Sidda Reddy, R/o. Doangaon Village, Jukkal Mandal, Nizamabad District. 10 Sangappa, S/o. Shankar, R/o. Doangaon Village, Jukkal Mandal, Nizamabad District. 11 Shanker Rao, s/o. Sesha Rao, R/o. Doangaon Village, Jukkal Mandal, Nizamabad District. 12 Sopan Rao, S/o. Sesha Rao, R/o. Doangaon Village, Jukkal Mandal, Nizamabad District. ..... PETITIONER(S) AND 1 The Secretary, Irrigation & Power (Irr. IV) Department , Government of A.P., Secretariat, Hyderabad. 2 The Principal Secretary, Finance & Projects (Works) Government of Andhra Pradesh, Secretariat, Hyderabad. 3 The District Collector, Nizamabad 4 Land Acquisition Officer/RDO., Bodhan Nizamabad District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue any appropriate writ order or direction more particularly one in the nature of "Writ of Mandamus" directing the respondents herein to deposit the decretal amount in E.P.No. 33/2007 in O.P.No. 1191/2001 on the file of the Additional District Judge, Nizamabad forthwith in the interest of justice and equity. Counsel for the Petitioner: MR.V.TULASI REDDY Counsel for the Respondent No.: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following: Form-NIC-OGS/WP{TRK} O R D E R:- According to the petitioners, their lands were acquired under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to “the Act:”) and the Land Acquisition Officer also fixed the amount of compensation. On a reference sought for by the petitioners under Section 18 of the Act, their matters were referred to a civil Court and the Additional District Judge, Nizamabad enhanced the compensation. Questioning the said enhancement, the respondents preferred an appeal which was dismissed, and thus, the matter has become final. Though the lands were acquired as early as in the year 1998 and all the findings of the Courts are in favour of the petitioners, the respondents have not paid the amount of compensation as fixed by the civil Court. Again, the petitioners were constrained to approach the same civil Court and filed E.P.No.33 of 2007 and the same is pending before the Additional District Judge, Nizamabad for more than a year. Hence, they approached this Court and filed the present writ petition with the following prayer: “…….in the circumstances stated in the affidavit filed herein the High Court will be pleased to issue any appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus directing the respondents herein to deposit the decretal amount in E.P.No.33 of 2007 in O.P.No.1191 of 2001 on the file of the Additional District Judge Nizamabad forthwith in the interest of justice and equity.” A larger Bench of this Court in Bhamidipati Annapoorna Bhavani Vs. Land Acquisition Officer, Yeleru Reservoir Project, Peddapuram, East Godavari Dist. and Others 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 direction for immediate deposit of the amount of compensation by the State Government or the authorities on whose behalf the land has been acquired”. The said ratio squarely applies to the case on hand. The amount of compensation is finally determined, the petitioners have availed the efficacious alternate remedy by filing E.P.No.33 of 2007, but the amount of compensation has not been paid so far. Hence, this Court, in exercise of its discretionary power, directs the respondents to pay the amount of compensation along with solatium, interest and additional market value as fixed by the Additional District Judge, Nizamabad, within a period of eight weeks from the date of receipt of a copy of this order. The writ petition is accordingly disposed of at the admission stage. No costs. ______________ 15.04.2008 bcj