Writ petition filed by occupants claiming title was dismissed as the compensation to the fourth respondent under the land acquisition award had already been paid, rendering the petition infructuous. Dispute remains between parties over inter se title claims.
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HON'BLE SRI JUSTICE RAMESH RANGANATHAN
WRIT PETITION No. 7479 of 2010
ORDER:
Heard Sri M.Achutha Reddy, Learned Counsel for the petitioners, and the Learned Government Pleader for Land Acquisition. At their request the Writ Petition is being disposed of at the stage of admission.
The petitioners claim to be in possession and enjoyment of agricultural lands admeasuring Ac.22.39 gts. in Sy.No.42 and Ac.16.06 gts. in Sy.No.46 respectively situated in Rajoli Village, Waddepalli Mandal, Mahabubnagar District. It is their case that they were granted Occupancy Right Certificate (ORC) by the SubCollector, Gadwal. The said certificate was cancelled by the Joint Collector, Mahabubnagar aggrieved by which they filed a writ petition which came to be dismissed.
On coming to know that the fourth respondent was granted ORC by the third respondent, the petitioners claim to have preferred an appeal to the Joint Collector, Mahabubnagar, which appeal is said to be pending as on date. It is their grievance that, pending appeal, the Land Acquisition Officer ought not to disburse the amount, payable under the award, to the fourth respondent in as much as there is a cloud over the title of the fourth respondent on the lands in question.
The learned government pleader for land acquisition, on instructions, would submit that Award No.2 of 2010 was passed on 03.04.2010; Rs.94,65,000/- was paid towards compensation to the fourth respondent on
03.04.2010 through State Bank of India, Shanthinagar Branch, cheque No.810767 dated 03.04.2010; and the said cheque amount had been debited, and the amount transferred on 12.04.2010.
In as much as the compensation, payable under the award,
has already been paid to the fourth respondent, the cause in the writ petition does not survive, and the writ petition has become infructuous.
Leaving it open to the petitioners to avail such other remedies as are available to them in law, with regards their inter se dispute with the fourth respondent, the Writ Petition is dismissed. No order as to costs.
RAMESH RANGANATHAN,J
Date:02.06.2010 usd
2 issues framed by the court
Whether the writ petition survives after the compensation under the land acquisition award has been paid to the fourth respondent?
Whether the Land Acquisition Officer's disbursement of compensation despite a pending appeal infringes the petitioners' rights?
The Petitioners
The Learned Government Pleader for Land Acquisition
The Fourth Respondent
The Third Respondent
RAMESH RANGANATHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
