HON’BLE MS JUSTICE G.ROHINI W.P.No.17983 of 2011 Dt.11.08.2011 Namsani Komuraiah … Petitioner … Petitioners Vs. 1. The Land Acquisition Officer and Special Deputy Collector, Godavari Khani, Karimnagar Dt. And another … Respondents THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.17983 OF 2011 ORDER : This writ petition is filed seeking a declaration that the action of the respondents in not depositing the amount of compensation in E.P.No.5 of 2010 on the file of the Court of the Senior Civil Judge, Manthani as per amended decree in O.P.No.27 of 2001, dated 4.10.2007 as arbitrary and illegal. The land belonging to the petitioner was acquired for a public purpose and by Award dated 12.7.1974 the compensation was awarded. On a reference sought by the petitioner under Section 18 of the Land Acquisition Act, the matter was referred to the Court of the Senior Civil Judge, Manthani, and O.P.No.27 of 2001 was disposed of on 16.04.2004 enhancing the compensation awarded by the Land Acquisition Officer. Against the said order, the State preferred an appeal being L.A.A.S.No.3642 of 2004 and the same is pending on the file of this Court. The petitioner along with other claimants filed E.P.No.5 of 2010 for execution of the decree granted by the Reference Court in which the 2nd respondent herein filed a counter and the matter is yet to be heard. Pending the said Execution Petition, the present writ petition has been filed seeking a declaration that the action of the respondents in not depositing the compensation amount in E.P.No.5 of 2010 is arbitrary and illegal. I have heard the learned counsel for the petitioner and perused the material available on record. It is not disputed before this Court that E.P.No.5 of 2010 was filed on 25.02.2010 and the respondents herein filed a counter in September, 2010. Admittedly the said execution petition is coming up for enquiry. As the E.P. claim is contested and the matter is coming up for enquiry, in my considered opinion, the interference by this Court is not warranted at this stage on any ground whatsoever. There can be no dispute about the ratio laid down by the Full Bench of this Court in BHIMIDIPATI ANNAPOORNA BHAVANI v. THE LAND ACQUISITION OFFICER, PEDDAPURAM AND OTHERS[1] that the resort can be had to filing a writ petition where despite taking execution proceedings there is delay on the part of the authorities in depositing the amounts. However, this is a case where the E.P. itself has been filed in the year 2010 and the respondents are contesting the execution proceedings. Hence it is not a case of any unexplained or unjustifiable delay on the part of the respondents. Therefore, the interference by this Court at this stage is not warranted. Accordingly, the Writ Petition is dismissed leaving it open to the petitioner to pursue the execution proceedings pending on the file of the Court of the Senior Civil Judge, Manthani. No costs. ______________ G. ROHINI, J. Dt. 11.08.2011 PNV/gbs [1] AIR 2005 AP 365