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High Court for State of TelanganaWP/20241/2016disposed of no costs

V.Suguna And Another, v. Prl.Secy., Tg.,(Trandb) Hyd., And 5 Others,

2016-06-27A.Rajasheker Reddy2 pages

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.20241 OF 2016 ORDER:

The case of the petitioners is that the petitioner No. 1 is the absolute owner of land admeasuring Ac.1-00 guntas in Sy.No.384 and petitioner No.2 is the absolute owner of land admeasuring Ac.0-30 guntas in Sy.No.384 situated at Chintapally Village, Miryalaguda Mandal, Nalgonda District. While so, their lands along with other lands were acquired under the provisions of the Land Acquisition Act (for short 'the Act') for formation of broad guage railway line from Bibinagar to Nadikudi by issuing a notification under Section 4(1) of the said Act on 06.05.1982 and the possession was taken on 18.12.1981. On 10.03.2005, the 6th respondent passed an award awarding Rs.3,500/- per acre and the said compensation was enhanced to Rs.54,150/- per acre by the reference Court through the judgment in O.P.No.12 of 1989 basing upon the judgment in O.P.No.

58 of 1984 which was confirmed by this Court through its judgment dated 14.12.1988 in LAAS.No.2744 of 1990 and the same has become final. The petitioners filed E.P.No.216 of 2015 for recovery of the said awarded amount, but the same is pending on the file of Senior Civil Judge Miryalaguda. Aggrieved by the same, the present writ petition is filed. Heard the learned counsel for the petitioners. Learned Assistant Government Pleader for Land Acquisition on instructions submits that the Requisition Department has not deposited the amount and the steps are being initiated for depositing the awarded amount and the same would take some time.

In view of the above submission, the writ petition is disposed of directing the respondents to deposit the amount as per the judgment and decree passed in LAAS.No.2744 of 1990 dated 14.12.1988 to the credit of E.P.No.216 of 2015 pending on the file of Senior Civil Judge Miryalaguda within a period of eight (08) weeks from the date of receipt of copy of this order. With the above direction, the writ petition is disposed of. There shall be no order as to costs. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed. _________________________ A.RAJASHEKER REDDY,J 27-06-2016 dv