The Revenue Divisional Officer v. Narlapuram Ravinder
[ 33171 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD \ WEDNESDAY, THE TWENryTHIRD DAY OF NOVEMBER, TWO THOUSAND AND TWENTY TWO : PRESENT:
THE HON'BLE DR JUSTICE SHAMEEM AKTHER AND THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA lA.No. 1 of 2021 IN LAAS.No. "105 of 2018 twe Be en
1. Narlapuram Ravinder, S/o. Ramaiah
2. Narlapuram Rajesham, Sio. Venkataiah
3. Narlapuram Hemalatha, Wo. Ravinder Petitioners (Respondents in LAAS.No. 10512018 on the file of the High Court) AND The Revenue Divisional Officer, Nizamabad.
Respondent (Appellant in -do-) Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to direct the respondent herein to deposit the compensation amount awarded by the Hon'ble lAdditional District Court at Nizamabad in LAOP No.645 of 2016 in the EP No. 8 of 2018 on the file of the Hon'ble I Additional District Court at Nizamabad, pending disposal of LAAS.No. 10512018 on the file of the High Co u rt.
The Petition coming on for hearing upon perusing the petition and grounds filed herein and the orders of the High Court dated. 26-06-2018, 1808-201 B & 13-07 -2022 made in lA.No. 1/20'1 8 & 1 12021 respectively and upon hearing the arguments of Sri T.Mahender Rao, Advocate for the Petitioners and of G.P. for Appeals for the Respondent, the Court made the following ORDER:
" Heard. Perused the record.
This application is filed seeking to direct the respondenUState to deposit the compensation amount awarded by the lAdditional District Judge at Nizamabad in LAOP No.645 of 2016.
As seen from the material placed on record, during pendency of this appeal, l.A.No.1 of 2018 was filed before this Couft and this Court was pleased to grant stay on condition of the respondenUState depositing 1/4th of the differential amount, vide order, dated 26.06.2018.
It is brought to the notice of this Court by the learned Government Pleader for appeals that in view of the final order passed by this Court in the main appeal on 08.03.2019, the interim order, dated 26.06.2018 does not exist.
It is not appropriate to go into the said aspect. Already, there is an interim order, as indicated above to deposit 1l4rh ol the differential amount. Since the said amount is not deposited, there is no stay of execution of the impugned order, dated 21.11.2017 passed in LAOP No.645 of 2016 by the I Additional District Judge at Nizamabad. Hence, this Court deems it appropriate to direct the respondenUState to deposit 1l4th of the differential amouht to the credit of the subject LAOP No.645 of 2016 within a period of two (2) weeks from today, failing which the petitioners/land losers are entitled to seek execution of the impugned order and decree, dated 21.11.2017 passed in LAOP No.645 of 2016, in the pending E.P.No.8 of 2018."
SD/. I. NAGA LAKSHJVII DEtT.UTY REGISTRT'R //rRUE coPY il + SECTION OFFICER To
1. The I Additional District Judge at Nizamabad. {
2. The Revenue Divisional Officer, Nizamabad. /
3. Two CCs to G.P. forAppeals, High Court, Hyd(OUT) -
4. One CC to Sri T.Mahender Rao, Advocate(OPUC) -/'
5. Two spare copies.
SAH
\ HIGH COURT DT.SAJ & NBKJ DATED: 23-11-2022 NOTE: POST ON 07-12-2022
ORDER
IA.NO. 1 0F 2021 IN LAAS.NO. 105 0F 2018 lHE 2smo;lw DIRECTION