IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.6659 of 2008 Between: Ramisetti Rama Rao, s/o. Govinda Rajulu, R/o. Vommangi Village, Prathipadu Mandal, East Godavari District. ..... PETITIONER AND 1 The State of Andhra Pradesh, rep by its Secretary, Revenue (LA) Department, A.P. Secretariat, Hyderabad. 2 The Land Acquisition Officer-cum-Revenue Divisional, Peddapuram, East Godavari 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 any writ, order or direction, especially one in the nature of Writ of Mandamus, declaring the action of the respondents in not paying/depositing the amount due to the petitioner under Award No. 31/1979 dated 20-11-1979 as modified by the decree dated 29-12- 1997 in A.S. No. 564 of 1995 on the file of this Honourable High Court in respect of the Lands acquired of an extent of Ac. 0-96 cents in S.No. 501/2A of Vommangi Village, Prathipadu Mandal, East Godavari District, as illegal, arbitrary, violation of Articles 202 and 300-A of the constitution of India and direct the respondents to pay/deposit the amount immediately together with interest thereon till the date of payment. Counsel for the Petitioner:MR.VL.N.G.KMURTHY Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.6659 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 amount of compensation. On a reference sought for by the petitioner under Section 18 of the Act, the matter was referred to a Civil Court, but the learned Senior Civil Judge, Peddapuram, dismissed the O.P., and confirmed the compensation fixed by the Land Acquisition Officer. On appeal, this Court enhanced the compensation fixed by the Land Acquisition Officer. Questioning the said enhancement, 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 1979 and the findings of the Courts are in favour of petitioner, respondents have not paid the amount of compensation as fixed by this Court. In those circumstances, petitioner filed E.P.No.11 of 2005 and the same is pending for the last three years. Hence he filed the present writ petition seeking a mandamus directing respondents to deposit the decretal amount in E.P.No.11 of 2005 in O.P.No.7 of 1986 on the file of the Court of the learned Senior Civil Judge, Peddapuram, 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 petitioner has availed the efficacious alternate remedy by filing E.P. No.11 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 this Court, 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.22 -04-2008 Note: Furnish C.C. in three days. (B/o) sh To 1 The Secretary, Revenue (LA) Department, State of Andhra Pradesh, A.P. Secretariat, Hyderabad. 2 The Land Acquisition Officer-cum-Revenue Divisional, Peddapuram, East Godavari District. 3 Two C.Cs to 4 Two C.D. copies [1] 2005 (2) ALT 786 (LB)