THE HON'BLE MR JUSTICE N.V. RAMANA Writ Petition No.18394 of 2005 ORDER: The petitioner claims to be the absolute owner and possessor of the land to an extent of Acs.1.29 guntas situated in Survey No.63 of Venkatadripalem Village, Nalgonda District. He states that the first respondent, namely, the Land Acquisition Officer & Revenue Divisional Officer, Miryalaguda, Nalgonda District, acquired the said land, along with some other lands, for establishment of Industrial Estate at Venkatadripalem for the second respondent-APIIC and passed an award on 08.02.1986 awarding a meager compensation. That at the instance of the land-owners, the matter was referred to the Sub Court, Miryalaguda, which through its order, dated 06.03.1991, enhanced the compensation. That in the appeal filed by the fist respondent against the order of the Sub Court, a Division Bench of this Court modified the rates of compensation awarded by the Sub Court. While so, it is the case of the petitioner that he along with other claimants filed E.P.No.14 of 2002 on the file of the learned Senior Civil Judge, Miryalaguda for realization of the amounts payable by the first respondent and through the order, dated 11.11.2004, the learned Senior Civil Judge passed proclamation order of sale of already attached movable property of the first respondent. That prior to the same, in March, 2003 the first respondent has even executed a bond for safe custody of the movables. But, however, so far no steps have been taken by the respondents for payment of the amounts payable under the EP. Hence, the petitioner filed the present writ petition seeking appropriate directions in this regard. The first respondent-Land Acquisition Officer filed counter denying the allegations of the petitioner and stating that the subject land was acquired for establishment of Industrial Estate for APIIC, the second respondent herein. That pursuant to the orders of the Division Bench of this Court in A.S.No.230 of 1992, the first respondent deposited the entire amount as directed. But, the petitioner filed E.P.No.14 of 2002 seeking to grant interest on solatium and additional market value as per the judgment of the Supreme Court in the case of Sunder v. Union of India[1], for which, the petitioner is not entitled to, as the Supreme Court delivered the judgment in the year 2001, whereas the judgment of the Division Bench of this Court is of the year 1998. It is further stated that the Review CMP filed by the petitioner in this regard came to be dismissed. Thus, the first respondent sought to dismiss the writ petition. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Land Acquisition appearing for the respondents. The grievance of the petitioner in this writ petition in a nutshell is that in spite of proclamation order of sale of already attached movable property of the first respondent and execution of Safety Bond of the movable property by the first respondent-Land Acquisition Officer under Form-15A, so far no steps have been taken by the respondents to pay/deposit the amounts payable under E.P.No.14 of 2002, which is still pending. The question as to whether the petitioners are entitled to grant of interest on solatium and additional market value as per the judgment of the Supreme Court in Sunder’s case (supra), as claimed by them in the E.P., cannot be decided by this Court in this writ petition, because the execution proceedings are still pending. Therefore, I deem it appropriate to dispose of the writ petition with the following directions: The Executing Court is directed to consider and dispose of the E.P., and pass appropriate orders thereon expeditiously, and if the Executing Court holds that the respondents are due and liable to pay any amounts to the petitioners, the same shall be deposited by the respondents before the Executing Court. Accordingly, the writ petition is disposed of. No costs. ___________________ N.V. RAMANA, J. Date:10.03.2010 VGB [1] AIR 2001 sc 3516