IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE TENTH DAY OF NOVEMBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.33553 of 2014 Between:
Ketri Bal Reddy, S/o. Raghava Reddy, Aged about: 58 years, Occ: Agriculture, R/o. Nusthullapur, Thimmapur Mandal, Karimnagar District.
.. Petitioner AND State of Telangana, Rep. by its Secretary (Finance & Planning), Secretariat Building, Secretariat, Hyderabad & 3 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.33553 of 2014 ORDER:
This writ petition is filed seeking the following relief:
“this Hon’ble Court may be pleased to issue appropriate writ, order or direction particularly a writ of Mandamus declaring the inaction on the part of respondents in the matter of payment of compensation to the petitioner/decree holders in E.P.No.53 of 2004 in O.P.No.693 of 1984 on the file of the Court of Subordinate Judge, Karimnagar pursuant to the award and decree in and O.P.No.693 of 1984 dated 13.3.1989 (A.S.No.2159 of 1989, dated 17.10.1998) as arbitrary, illegal, and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents to pay compensation amount in terms of the judgment and decree together with all statutory benefits and interest till date forthwith and pass such other further order/s.”
2. Earlier also, the petitioner filed W.P.No.10646 of 2006 alleging that the inaction of the respondents in not depositing the enhanced compensation amount to the credit of E.P.No.53 of 2004, on the file of Senior Civil Judge, Karimnagar, is erroneous. In the counter affidavit in the said writ petition, it was asserted that an amount of Rs.1,61,69,064/- was already deposited in two installments, which according to the respondents is the amount payable. The petitioner claimed that he is entitled to Rs.2,10,26,746/-, which is the higher claim made by the petitioner. This Court held that since the quantum of amount liable to be deposited by the respondents is in dispute, this Court cannot resolve the issue in the writ petition and, therefore, disposed of the writ petition with liberty to the petitioner to pursue E.P.No.53 of 2004.
3. In the present writ petition, the petitioner now enhanced the claim to Rs.2,79,22,677/-, which includes interest and other claims till 30.06.2013. This is a matter which requires consideration in the E.P. pending before the lower Court. Since, on the same issue, this Court declined to entertain W.P.No.10646 of 2006 on the ground that the dispute regarding the amount payable cannot be decided, once again the writ petitioner cannot ask the same issue to be resolved by this Court. There is no change in the circumstances. It is not a case where there is deliberate delay in depositing the amount determined by the lower Court in O.P.No.693 of 1984 warranting exercise of extra-ordinary jurisdiction by this Court. There is a dispute on quantum of amount claimant is entitled to as per decree passed by lower Court. The petitioner shall have to pursue E.P. which is pending before the Court of the Senior Civil Judge at Karimnagar.
4. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
P.NAVEEN RAO, J Date: 10th November, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.33553 of 2014 Date: 10th November, 2014 KL