Telangana High Court
WP/27624/2007 of Chintam Reddy Subba Reddy, Vs The Governmentof A.P., represented by its Prl. on 26 December 2007
SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.27624 OF 2007 Date: 26.12.2007 Between: Chintam Reddy Subba Reddy and others . . .Petitioners AND The Government of Andhra Pradesh and others . . .Respondents THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.27624 OF
THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY
WRIT PETITION No.27624 OF2007
Date: 26.12.2007
Between:
Chintam Reddy Subba Reddy and others
. . .Petitioners
AND
The Government of Andhra Pradesh and others . . .Respondents THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY
WRIT PETITION No.27624 OF2007
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ORDER:
This writ petition is filed for a writ of mandamus to declare theaction of the respondents in not either paying compensation to thepetitioners for acquisition of their lands of Ac.4.11 cents comprised inSurvey No.249 of Malinenipatnam Village, Atlur Mandal, KadapaDistrict, covered by Reach No.12 or depositing the same in civil Courtas prescribed under Section 31 of the Land Acquisition Act, 1894 (forshort ‘the Act’) as illegal and consequently, direct the respondents topay the compensation for the said lands with statutory interest asprescribed under Section 34 of the Act.
The petitioners claim that the land of an extent of Ac.4.11 centsbelonging to them was acquired and award, dated 30.03.1994 waspassed. It is, however, mentioned in the award that during the awardenquiry, no one has claimed the compensation for the land and,therefore, the amount of compensation due on the land is kept in civilCourt deposit. On the petitioners approaching respondent No.2, headdressed letter, dated 03.11.2006 to respondent No.3 in this regard.Respondent No.3 in turn addressed letter, dated 17.11.2006 to thelearned Senior Civil Judge, Rajampet, wherein it is mentioned thatverification of cash book and cheque book revealed that chequebearing No.133830, dated 31.03.1994 was deposited in theSubordinate Court, Rajampet and he, therefore, requested the learnedSenior Civil Judge to verify and inform the office whether the same isavailable. A reminder was given by respondent No.3 on 05.02.2007 tothe learned Senior Civil Judge. On 22.03.2007, the learned Senior Civil Judge replied to respondent No.3, wherein he had stated that it isnot revealed from the verification of the record that any amount wasreceived through the alleged cheque, dated 31.03.1994 for a sum ofRs.1,23,985/-. As the matter rested there at, the present writ petition isfiled.
Heard Sri P.Sridhar Reddy, learned counsel for the petitionersand the learned Assistant Government Pleader for Land Acquisition.
In award, dated 30.03.1994, it is specifically mentioned that theland in dispute stands in the name of the petitioners herein and thatsince the amount of Rs.1,23,985/- has not been claimed during theaward enquiry, the same is kept in civil Court deposit. Letter, dated22.03.2007 clearly reveals that no such amount has been in depositbefore Subordinate Court, Rajampet.
In the above circumstances, the writ petition is disposed of withthe direction to respondent No.2 to immediately cause verification ofthe claim of the petitioners and determine whether the amount ofRs.1,23,985/- was deposited before civil Court and received by thepetitioners or any other persons claiming through them. If it is foundthat no such amount has been deposited or that even if the amount isdeposited, no person has been paid, the said amount of Rs.1,23,985/-awarded under award No.11 of 1994, dated 30.03.1994 shall be paidto the petitioners within a period of eight weeks from the date of receiptof the order.
C.V.NAGARJUNA REDDY, J
26[th] DECEMBER, 2007
Note: furnish c.c. in one week. B/o kvni