WP/16362/2007 of Lavudi Harya Vs The Government of Andhra Pradesh,rep.by its Prl.Secretary on 24 December 2007

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

MONDAY THE SEVENTEENTH DAY OF DECEMBER TWO THOUSAND AND SEVEN

:PRESENT:

THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY

WRIT PETITION No.16362 of 2007

Between:

1Lavudi Harya S/o. Mamgtha

2Lavodi Bodi W/o.

Savya

AND

Petitioners

1. The Government of Andhra Pradesh, rep.by its Prl. SecretaryIrrigation & Command Area DevelopmentDepartment, Secretariat Buildings, Saifabad, HyderabadIrrigation & Command Area DevelopmentDepartment, Secretariat Buildings, Saifabad, Hyderabad

2. The Land Acquisition Officer & Spl.Deputy Collector,SLBC/AMRP, Gandhamvarigudem, Nalgonda DistrictSLBC/AMRP, Gandhamvarigudem, Nalgonda District

3. The Special Collector, AMRP & Pulichintala, Clock Tower,Nalgonda Town & District.Nalgonda Town & District.

4. The Executive Engineer, Roads & Buildings, MiryalagudaDivision, Miryalaguda, Nalgonda DistrictDivision, Miryalaguda, Nalgonda District Respondents Petition under Article 226 of the Constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtmay be pleased to issue an order or direction or writ specially writ ofmandamus directing the respondents to pay the determinedcompensation amount together with interest to the petitioners inrespect of their acquired land as per the Judgment & Decree dated20-8-2001 in OP.No.113/2000 on the file of Senior Civil Judge,Miryalaguda, as confirmed in AS.No.1706/2005 dated 9-3-2007 onthe file of High Court of Andhra Pradesh by declaring the action of therespondents in not paying the determined compensation to thepetitioners as arbitrary, illegal, violative of Art.14,21 and 300-A of theconstitution of India .

The petition coming on for hearing, upon perusing the petitionand the affidavit filed herein, and the order of the High Court dated 6-12-2007 made herein, and upon hearing the arguments of Sri L.Prabhakar Reddy, Advocate for the petitioners and of Govt Pleaderfor Irrigation for the Respondent No.1 and of Asst.Govt Pleader forLand Acquisition for the Respondents 2 & 3 and of G. P. for Roadsand Buildings for the Respondent No.4, the Court made the following “Though on 6-12-2007 it was made clear that if the learned Government Pleader does not report specific instructions on thereasons for not depositing the enhanced compensation on thenext date of hearing, the Court will be constrained to direct theSecretary, Irrigation & CAD Department (Project Wing),Secretariat, Hyderabad to be present in the Court, the learnedAssistant Government Pleader for Land Acquisition hassubmitted that he has not received any instructions from theSecretary though he received some instructions from theSpecial Deputy Collector in this regard.

The Court is therefore left with no option other thansummoning the Secretary, Irrigation & CAD Department (ProjectWing), Secretariat, Hyderabad, and he is therefore, directed to bepresented in person on 24-12-2007 and to explain the reasonsfor his laxity in taking appropriate steps to comply with thejudgment and decree dated 20-8-2001 in O.P.No.113 of 2000 onthe life of Senior Civil Judge, Miryalaguda.”

To

ASSISTANT REGISTRAR// TRUE COPY //for ASSISTANT REGISTRARfor ASSISTANT REGISTRAR

1. The Secretary, Irrigation & CAD Department (Project Wing),Secretariat, Hyderabad(BY SPL.MESSENGER)(along with acopy of petition and affidavit)Secretariat, Hyderabad(BY SPL.MESSENGER)(along with acopy of petition and affidavit)

2. The Prl. Secretary, Irrigation & Command Area DevelopmentDepartment, Govt. of A.P., Secretariat Buildings, Saifabad,Department, Govt. of A.P., Secretariat Buildings, Saifabad,

3. The Land Acquisition Officer & Spl. Deputy Collector,SLBC/AMRP, Gandhamvarigudem, Nalgonda DistrictSLBC/AMRP, Gandhamvarigudem, Nalgonda District

4. The Special Collector, AMRP & Pulichintala, Clock Tower,Nalgonda Town & District.Nalgonda Town & District.

5. The Executive Engineer, Roads & Buildings, MiryalagudaDivision, Miryalaguda, Nalgonda DistrictDivision, Miryalaguda, Nalgonda District

6. One CC to Sri L.Prabhakar Reddy, Advocate (OPUC)7. Two CCs to the G.P for Irrigation, High Court of A.P., Hyderabad.(OUT)7. Two CCs to the G.P for Irrigation, High Court of A.P., Hyderabad.(OUT)

8. Two CCs to the Asst. G.P for Land Acquisition, High Court ofA.P., Hyderabad.(OUT)A.P., Hyderabad.(OUT)

9. Two CCs to the G.P for Road and Buildings, High Court of A.P.,Hyderabad.(OUT)Hyderabad.(OUT)

10. One spare copy.

KK

HIGH COURT

CVNRJ

DT. 17-12-2007

NOTE: POST ON 24-12-2007