IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.5950 of 2008 Between: 1 Kummari Giddaiah S/o. Thippanna R/o. Munguala Village, Itikyal Mandal, Mahabubnagar District. 2 Ranganna S/o. Yellappa R/o. Munguala Village, Itikyal Mandal, Mahabubnagar District. 3 Kurva balaramudu S/o. Dastagiri R/o. Munguala Village, Itikyal Mandal, Mahabubnagar District. 4 Yellappa S/o. Urukudu R/o. Munguala Village, Itikyal Mandal, Mahabubnagar District. ..... PETITIONERS AND 1 The Government of Andhra Pradesh. rep. by its Secretary for Irrigation & Command Area Development, Project wing Department, Hyderabad. 2 The Chief Engineer-in-Chief, Irrigation Wing, Erranmanzil, Hyderabad. 3 The Special Collector, Land Acquisition Unit, Srisailam Project at Kurnool, Kurnool District (A.P.) 4 The Special Deputy Collector-cum-L.A.O., P.J.P. at Gadwall, Mahabubnagar 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 a writ of mandamus, or any other appropriate writ, order or direction, directing the respondents 1 to 4 herein to deposit the balance decretal amount to the credit of E.P.Nos.438 to 441 of 2005 in O.P.Nos.296, 295, 297 of 1997 and 19 of 1993 on the file of the Sr. Civil Judge, Gadwal. Counsel for the Petitioner:MR.C.B.RAM MOHAN REDDY Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.5950 of 2008 ORDER: According to the petitioners, their lands were acquired under the provisions of the Land Acquisition Act, 1894 (for short, “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, the matter was referred to a Civil Court and the learned Senior Civil Judge, Gadwal, enhanced the compensation fixed by the Land Acquisition Officer. Questioning the said enhancement, respondents 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 lands were acquired as early as in 1991 and all the findings of the Courts are in favour of petitioners, respondents have not paid the amount of compensation as fixed by the Civil Court. In those circumstances, petitioners filed E.P.Nos.438 to 441 of 2005 and the same are pending before the learned Senior Civil Judge, Gadwal, for the last more than two years. Hence they filed the present writ petition seeking a mandamus directing respondents to deposit the decretal amount in E.P.Nos.438 to 441 of 2005 in O.P.Nos.296, 295, 297 of 1997 and 19 of 1993 on the file of the Court of the Senior Civil Judge, Gadwal, forthwith in the interest of justice. 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 petitioners have availed the efficacious alternate remedy by filing E.P. Nos.438 to 441 of 2005 and the amount of compensation is not paid so far. Hence this Court, in its 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 learned Senior Civil Judge, Gadwal, 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. There shall be no order as to costs. ________________________________ JUSTICE GOPALAKRISHNA TAMADA Dt.23-04-2008 sh Copy to: 1 The Secretary, Irrigation & Command Area Development, Project wing Department, Government of Andhra Pradesh, Hyderabad. 2 The Chief Engineer-in-Chief, Irrigation Wing, Erranmanzil, Hyderabad. 3 The Special Collector, Land Acquisition Unit, Srisailam Project at Kurnool, Kurnool District (A.P.) 4 The Special Deputy Collector-cum-L.A.O., P.J.P. at Gadwall, Mahabubnagar District. 5 Two CCs to 6 Two C.D. copies. [1] 2005 (2) ALT 786 (LB)