IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 8464 of 2008 Between: P.Janardhan Reddy S/o.Timma Reddy R/o.Parevula (Village), Makthal (Mandal), Mahabubnagar (District). ..... PETITIONER AND 1. The Special Deputy Collector-cum-Land Acquisition Officer, P.J.P. at Gadwal, Mahabubnagar District. 2. The Special Collector, Land Acquisition Unit, Srisailam Project at Kurnool, Kurnool District. 3. The Secretary, Irrigation and Command Area Development Project Wing Dept. Government of A.P., Secretariat Buildings, at Hyderabad. 4. The Chief Engineer-in-Chief, Irrigation Wing, 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 will be pleased to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus directing respondents No.1 to 4 herein to deposit the entire compensation amount to the credit of E.P.No.8 of 2007 and EP.No.9 of 2007 in O.P.No.240 of 2000 and O.P.No.235 of 2000 on the file of the Senior Civil Judge at Narayanpet, Mahabubnagar District and pass such further order or orders. Counsel for the Petitioner:MR.N.VASUDEVA REDDY Counsel for the Respondents No.1 & 2: GP FOR LAND ACQUISITION Counsel for the Respondents No.3 & 4: GP FOR IRRIGATION The Court made the following: ORDER: According to the petitioner, his 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 petitioner under Section 18 of the Act, the matters were referred to a Civil Court and the learned Senior Civil Judge, Narayanapet enhanced the compensation fixed by the Land Acquisition Officer. Questioning the said enhancement, respondents preferred appeals, which were dismissed. Though the lands were acquired as early as in the year 1996 and all the findings of the Courts are in favour of petitioner, respondents have not paid the amount of compensation as fixed by the Civil Court. In those circumstances, petitioner filed E.Ps.No.8 of 2007 and 9 of 2007 and the same are pending before the Senior Civil Judge, Narayanpet for the last more than a year. Hence, the petitioner filed the present writ petition seeking a Mandamus directing the respondents to deposit the decretal amount in E.Ps.No.8 of 2007 and 9 of 2007 in O.P.Nos.240 of 2000 and 325 of 2000 on the file of the Court of the Senior Civil Judge, Narayanpet, 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.Ps. No.8 of 2007 and 9 of 2007 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 Senior Civil Judge, Narayanpet 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. _________________________________ JUSTICE GOPALAKRISHNA TAMADA Dt.18-04-2008 RNS ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER Copy to: 1. The Special Deputy Collector-cum-Land Acquisition Officer, P.J.P. at Gadwal, Mahabubnagar District. 2. The Special Collector, Land Acquisition Unit, Srisailam Project at Kurnool, Kurnool District. 3. The Secretary, Irrigation and Command Area Development Project Wing Dept. Government of A.P., Secretariat Buildings, at Hyderabad. 4. The Chief Engineer-in-Chief, Irrigation Wing, Erramanzil, Hyderabad. 5. 2CCs to 6. 2CD copies [1] 2005 (2) ALT 786 (LB)