IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.7191 of 2002 Between: 1 G.Mallaiah s/o Chinna Veeranna, R/o Pudur village, Gadwal Mandal, Mahabubnagar District. 2 Sanjanna S/O Beesanna, R/o Pudur village, Gadwal Mandal, Mahabubnagar District. 3 Chinnaa Veerupakshappa S/O Veeranna, residents of Pudur Village, Gadwal Mandal, Mahabubnagar District. 4 Sawari S/O Thimmappa, residents of Pudur Village, Gadwal Mandal, Mahabubnagar District. 5 Hanumanthu S/O Yenkanna, residents of Pudur Village, Gadwal Mandal, Mahabubnaagar District. 6 Savaranna S/O Jamanna, residents of Pudur Village, Gadwal Mandal, Mahabubnagar District. 7 Savaranna S/O Jamanna, residents of Pudur Village, Gadwal Mandal, Mahabubnagar District. 8 K.Venkataramireddy, S/O Lakshimireddy, R/o Pudur village, Gadwal Mandal, Mahabubnagar District. 9 Ramamma, W/O Lakshimireedy, R/o Pudur village, Gadwal Mandal, Mahabubnagar District. .... PETITIONERS AND 1 The Government of Andhra Pradesh Rep. by its Secretary, Irrigation & Command Area Development, Project Wing Department, Secretariat, Hyderabad. 2 The Special Deputy Collector-cum-Land Acquisition Officer, Srisailam Project, Kurnool. 3 The Special Deputy Collector, Priyadarshini Jurala Project, GADWAL, Mahabubnagar District. 4 The Engineer-in-Chief, Irrigation Department, Government of Andhra Pradesh, Erramanzil, Hyderabad .....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 an appropriate Writ, order or direction more particularly in the nature of Writ of MANDAMUS declaring the proceedings of the 1st respondent in G.O.Rt.No.512, dated 11-2-2002 as illegal, arbitrary, un- constitutional, violative of art.14 and 300-A of the Constitution of India and consequently direct the respondents to deposit the4 entire compensation amount along with the all statutory additional beneﬁts with interest upto date in accordance with the judgment and decree in OP.No.95/88. & batch of this 18--4-- 1994 as conﬁrmed in AS.No.661/94 & batch of this Hon'ble Court dt.3.10.1996 and SLP(Civil) Nos.3415/99 to 3425/99 dt.23--7--1999 by the Hon'ble Supreme Court of India forthwith. Counsel for the Petitioners: MR.C.B.RAM MOHAN REDDY Counsel for the Respondents: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following : THE HON’BLE SRI JUSTICE V.ESWARAIAH Writ Petition No.7191 of 2002 ORDER: Heard the learned counsel for the petitioners and the learned Government Pleader for Irrigation and Command Area Development. The grievance of the petitioners is that compensation in respect of their lands and the lands of others, which were acquired by the respondents, was determined by the learned Subordinate Judge, Gadwal in O.P.No.95 of 1988 and batch, by an order dated 18.04.1994, and the same was conﬁrmed in A.S.No.661 to 671 of 1994 by this Court on 03.10.1996, and the Special Leave Petitions ﬁled by the Government against the judgment in the Appeals were also dismissed by the Supreme Court and thus the order of the Subordinate Judge has become final. However, instead of depositing the entire decretal amount, the Government issued G.O.Rt.No.512 Irrigation & Command Area Development (Irrigation.V.3) Department, dated 11.02.2002, sanctioning the balance of decretal amount covered by O.P.Nos.95 of 1988 and batch and ordering release of the said amount in four equal annual instalments from 2001- 02 to 2004-05. Petitioners question the said G.O.Rt. No.512 stating that it is not open for the Government to order release of the decretal amount by way of instalments. This Court, while admitting the writ petition, granted interim suspension of G.O.Rt.No.512 dated 11.02.2002, by order dated 17.04.2002. It is stated that the respondents have deposited the amounts in the Execution Petitions ﬁled by the petitioners. If that be so, if the decrees are not fully satisﬁed, it is open for the petitioners to pursue their remedies in the Execution Petitions pending if any, or by ﬁling fresh Execution Petitions, in accordance with law. With the above observation, the writ petition is closed. There shall be no order as to costs. _______________ (V.Eswaraiah, J) 26th August 2008 sh