IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 9345 of 2008 Between: 1 Mala Pedda Edanna S/o. Peddaiah R/o. Machalakatta (V), Kollapur (M), Mahaboobnagar District. 2 Naganna S/o. P.Chinna Balaiah R/o. Machalakatta (V), Kollapur (M), Mahaboobnagar District. ..... PETITIONER(S) AND 1 The State of A.P., rep. by Secreatary, irrigation & CAD, Secreatariat, hyd. 2 The Special Collector, Srisailam Project, Kurnool. 3 The Land Acquisition Officer, Srisailam Project, Wanaparthy, Now Merged with Special Deputy Collector, PJP, Gadwal. .....RESPONDENT(S) 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 a writ of Mandamus or any other appropriate writ or writs order or direction declaring the action of respondents in not depositing the decretal amounts in O.P. No. 269 of 1996 dated 30.06.2006 on the file of Senior Civil Judge Court, Nagarkurnool now transferred to the court of the Senior Civil Judge Wanaparthy, as illegal, arbitrary and violation of Art. 300-A of Constitution of India and further directed the respondents to deposit the decretal amounts in O.P.No. 269 of 1996 ( E.P.Nos. 46 of 2007 ) on the file of Senior Civil Judges Court, Wanaparthy Counsel for the Petitioner: MR.V.MANOHAR RAO Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : Form-NIC-OGS/WP{KSRANI} O R D E R: This writ petition is filed seeking a mandamus to declare the action of the respondents in not depositing the decretal amount in O.P.No.269 of 1996, dated 30.6.2006 on the file of the Senior Civil Judge, Nagarkurnool which was transferred to the Court of Senior Civil Judge, Wanaparthy, as arbitrary and illegal, and consequently direct the respondents to deposit the decretal amount. The case of the petitioners is that they are claimants in O.P.No.269 of 1996. The Government of Andhra Pradesh acquired their lands by virtue of a Draft Notification dated 29.11.1973 issued for the purpose of construction of a Srisailam Project. The 3rd respondent-Land Acquisition Officer passed an award dated 15.11.1975 granting meager amount of compensation for the acquired lands. When the petitioners claimed for enhancement of the compensation, the 3rd respondent referred their matter to a civil Court for determination of compensation. The reference has been numbered as O.P.No.269 of 1996. The Senior Civil Judge, Nagarkurnool, by his judgment dated 30.6.2006, enhanced the compensation and that judgment has become final. Then, the petitioners filed E.P.No.46 of 2007 for realization of the enhanced compensation. Now, the petitioners’ grievance is that though the reference Court, by its judgment dated 30.6.2006, enhanced the compensation, they have not been paid the same so far. The learned counsel for the petitioners has submitted that similar writ petitions were disposed of by a Larger Bench of this Court in Bhamidipati Annapoorna Bhavani Vs. Land Acquisition Officer, Yeleru Reservoir Project, Peddapuram, East Godavari District And Others[1] wherein it was held to the following extent: “…………… 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 the 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”. The said ratio squarely applies to the case on hand. The amount of compensation is finally determined, and the petitioners have availed the efficacious alternative remedy by filing E.P.No.46 of 2007, but the amount of enhanced compensation has not been paid so far. In view of the facts and circumstances of the case, this writ petition is disposed of with a direction to the respondents to pay the amount of compensation along with solatium, interest and additional market value as fixed by the learned Senior Civil Judge, Nagarkarnool, within a period of eight weeks from the date of receipt of a copy of this order. No costs. ________________ 30.04.2008 bcj [1] 2005(2) ALT 786 (LB)