Dismissed

R.Jagan Mohan Rao (died) per L.Rs. v. The Special Deputy Collector, L.A. Unit

Telangana HC1 Oct 2007WP/24728/2006

Case brief

AI extract

What is this about?

The court dismissed a writ petition seeking interest on solatium. It held that since the executing court had not determined the liability or the amount payable, the writ petitioners could not claim any relief in this proceeding.

What did the court decide?

Directs the Executing Court to dispose of the execution petition in light of earlier orders; no order as to costs.

R.Jagan Mohan Rao (died) per L.Rs. Vs The Special Deputy… — Land Acquisition | Telangana HC (2007)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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(Special Original Jurisdiction)

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MONDAY THE FIRST DAY OF OCTOBER TWO THOUSAND AND SEVEN

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PRESENT

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THE HON'BLE MR JUSTICE S.ANANDA REDDY

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WRIT PETITION No.24728 of 2006

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Between: R.Jagan Mohan Rao (died) per L.Rs. R.Sudhakar Rao and 4 others

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..... PETITIONERS

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AND The Special Deputy Collector, L.A.Unit, L.M.D.Colony Karimnagar and 3 others

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.....RESPONDENTS

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THE HON'BLE MR JUSTICE S.ANANDA REDDY

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WRIT PETITION No.24728 of 2006

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ORDER:

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This writ petition is filed by the petitioners, seeking direction to the respondents for payment of interest on solatium, which according to the petitioner, is payable in a sum of Rs.14,67,959/-, which was not paid or deposited in the E.P. The claim made by the petitioners is being disputed by the respondents.

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At the time of hearing, the learned counsel for the petitioners placed a copy of the order passed by this Court in CRP.3666/2000, dated 18.10.2001, under which the order passed by the Executing Court in E.A.37/99, dated 07.07.2000, negativing the claim of the petitioners for interest on solatium, was set aside, and directed to decide the issue afresh in the light of the judgment of the Supreme Court in Sunder vs. Union of India^[1] .

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It is stated by the learned counsel that admittedly, no orders have been passed by the Executing Court, after remand by this Court, as per the above referred revisional order. But, however, the petitioners have come up with the present writ petition, claiming that the petitioners are entitled for interest on solatium, which the respondents have not paid or deposited, therefore, sought for a direction.

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Admittedly, there is no order passed by the Executing Court, determining the liability of the respondent-Land Acquisition Officer. In the absence of any order passed by the Executing Court, determining the amount that is payable either as market value or interest or interest

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on solatium, the petitioners are not entitled to seek any relief in the present writ petition.

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Therefore, the Writ Petition is devoid of merit, and the same is, accordingly, dismissed. However, the Executing Court is directed to dispose of the EA.37/99, in the light of the orders passed by this Court in CRP.3666/2000, dated 18.10.2001. No order as to costs.

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___________________ S.ANANDA REDDY.J

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Dated:01.10.2007 Dsr

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Note: Registry is directed to communicate the Copy of the order to the concerned Court in one week. B/o Dsr Note: Issue copy in one week. B/o Dsr

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[1] 2001 (7) Supreme 37

R.Jagan Mohan Rao (died) per L.Rs. v. The Special Deputy Collector, L.A. Unit

Case brief

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R.Jagan Mohan Rao (died) per L.Rs. v. The Special Deputy Collector, L.A. Unit

Case brief

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