IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 27831 of 2005 Between: S. Gananeswar S/o Veeresham R/o H. No. 6-115, Vikarabad Town Ranga Reddy District rep by his GPA S. Ramesh S/o Veeresham R/o Vikarabad, RR District ..... PETITIONER AND 1 The Government of Andhra Pradeshrep by Secretary, Transport, Roads and Buildigns, Secretariat Buildings, Hyderabad 2 The District Collector Ranga Reddy (District) at Lakdikapul Hyderabad 3 The Land Acquisition Officer-Cum-RDO Vikarabad Division at Vikarabad. .....RESPONDENTS Counsel for the Petitioner:MR.N.VASUDEVA REDDY Counsel for the Respondents.: GP FOR LAND ACQUISITION The Court made the following : O R D E R: At the interlocutory stage, the writ petition itself is taken up for hearing and disposal with the consent of the learned counsel for the parties. This writ petition is filed for a Writ of Mandamus to direct respondents 1 to 3 to deposit compensation amount due to the petitioner to the credit of E.P.No.15 of 2000 in O.P.No.9 of 1993 on the file of the Senior Civil Judge, Vikarabad, Ranga Reddy District. Heard Sri N.Vasudeva Reddy, learned counsel for the petitioner, and the learned Assistant Government Pleader for Land Acquisition. The land of an extent of 5929 square yards of the petitioner comprised in Survey Nos.284 and 285 of Vikarabad Village and Mandal, Ranga Reddy District, was acquired by respondent No.3 for construction of approach road to road over bridge in Vikarabad Town. After completing the statutory formalities under the provisions of the Land Acquisition Act, 1894 (for short ‘the Act’), an award was passed on 30-11-1992 fixing the market value at Rs.25/- per square yard. On a reference made under Section 18 of the Act, the learned Subordinate Judge, Vikarabad, disposed of O.P.No.9 of 1993 by enhancing the market value to Rs.100/- per square yard with all the statutory benefits. Respondent No.3 filed A.S.No.656 of 1998 against the said judgment and decree and the petitioner filed A.S.No.1427 of 1997 not being satisfied with the said enhancement. A Division Bench of this Court disposed of the said two appeals by its common judgment dated 02-12- 1999 and reduced the compensation from Rs.100/- to Rs.85/- per square yard. It is not in dispute that the said judgment has become final between the parties. The petitioner filed E.P.No.15 of 2000 in the Court of the learned Senior Civil Judge, Vikarabad, for execution of decree in A.S. No.1427 of 1997 and persuaded the executing Court to pass an attachment order on 04-09-2003 and despite the said attachment order, respondent No.3 did not deposit the compensation amount till today. The petitioner is, therefore, aggrieved by the inaction of respondents in depositing the compensation amount. In the counter-affidavit filed by the Revenue Divisional Officer, Vikarabad Division, Ranga Reddy District, respondent No.3, the above mentioned facts are not disputed. It is, however, averred that in view of the filing of E.P by the petitioner, the Executive Engineer, Roads and Buildings Division, Vikarabad, provided the budget vide his letter dated 08-08-1996 and respondent No.3 deposited the entire decretal amount of Rs.8,33,388/- in the reference Court on 19-08-1996 to the credit of E.P.No.12 of 1996 and that the said amount was already received by the petitioner. Thereafter a memo was filed by them bringing to the notice of the executing Court that the entire decretal amount was paid. The fact that the judgment and decree in A.S.No.1427 of 1997 has become final is not in dispute. The short question for consideration in this writ petition is whether as contended by the respondents, they have deposited the entire amount as per the judgment and decree passed in the said appeal. The petitioner filed a copy of order in E.A.No.18 of 2002 in E.P.No.15 of 2000 in O.P.No.9 of 1993 passed by the learned Senior Civil Judge, Vikarabad. The said E.A. was filed by respondent No.3 to close the Execution Petition on the ground that the respondents deposited the decretal amount to the full satisfaction of the decree. But the said E.A was dismissed by the aforementioned order dated 27-11- 2002 by the learned Senior Civil Judge by rejecting the contention that the respondents are entitled to deduct the market value at 36.8% towards developmental activities. It is not in dispute that this order has become final. It appears that the only premise on which the respondents have taken the stand that they have deposited the entire decretal amount is that they are entitled to deduct 36.8% towards developmental activities. Since the said contention having been rejected by the executing Court, and having allowed the said order to become final, the respondents are not entitled to once again raise a similar plea. If there is any ambiguity in the judgment of this Court in A.S.No.1427 of 1997, the respondents ought to have sought for review of the same. It is admitted that no such review petition has been filed. It, therefore, necessarily follows that the respondents are bound to deposit the amount in terms of the judgment and decree passed by this Court in A.S.No.1427 of 1997. The writ petition is, therefore, allowed. The respondents are directed to deposit the balance amount towards compensation by calculating the same in accordance with judgment and decree dated 02-12-1999 in A.S. No.1427 of 1997, within a period of three months from today, in the Court of learned Senior Civil Judge, Vikarabad, Ranga Reddy District, to the credit of E.P.No.15 of 2000 in O.P.No.9 of 1993. C.V.NAGARJUNA REDDY, J Date: 2nd July, 2008 Note: Issue C.C in three days vrn