Disposed

Batchu Suryanarayana, v. The Sub Collector

Telangana HC26 Feb 2013WP/11294/2011

Case brief

AI extract

What is this about?

Petitioner complained of non-payment of compensation for acquired land though an award was passed decades ago and a previous decree allocated shares. Court noted the amount remains in Civil Court deposit and directed the petitioner to approach the Civil Court for withdrawal of his share.

What did the court decide?

Petitioner directed to file appropriate petition before the Civil Court for withdrawal of his share of compensation.

Batchu Suryanarayana, Vs The Sub Collector — Land Acquisition | Telangana HC (2013)

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

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WRIT PETITION No.11294 OF 2011

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Date:26-02-2013

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Between: Batchu Suryanarayana .. Petitioner

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AND

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The Sub-Collector/Land Acquisition Officer, Rajahmundry, East Godavari. .. Respondent

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Counsel for the petitioner : Mr. V.V.N. Narayana Rao Counsel for the respondent : AGP for Land Acquisition

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The Court made the following:

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ORDER:

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This Writ Petition is filed with the grievance that the respondent has not paid compensation in respect of land in Survey No.248/1 of Raghudevapuram Village, Seethanagaram Mandal, East Godavari District even though Award No.17 of 1986, dated 04.11.1986 was passed long time back.

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The Revenue Divisional Officer, Rajahmundry has filed a detailed counter affidavit, wherein it is inter alia stated that after passing of the Award, the dispute relating to the persons who are entitled to receive compensation has been referred to the Court of the learned Subordinate Judge, Rajahmundry, which was registered as O.P.No.45 of 1990 and that the said O.P., was disposed of on 08.11.1994, whereunder it was held that the petitioner and another person, by name, Smt.Tanuku Satyavathi, are entitled to equal shares in compensation. It is further stated that different demand drafts were deposited with the Civil Court under different instalments, that as the amounts under those demand drafts were not realized, a fresh demand draft bearing No.122209, dated 01.02.2006, was taken for a sum of Rs.99,968/in favour of the learned Principal Senior Civil Judge, Rajahmundry, and that the said amount was kept in the Civil Court deposit under Challan No.577, dated 19.10.2006. It is further stated that

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presently the said amount is lying in fixed deposit in Bank of India, Sithampeta Branch, Rajahmundry.

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The petitioner has not filed any reply affidavit controverting the above noted averments of the respondent.

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As the compensation amount is stated to be lying in the custody of the Civil Court by way of fixed deposit in a Nationalized Bank, the petitioner shall be free to file appropriate petition before the Civil Court for withdrawal of his share of compensation in terms of the decree, dated 08.11.1994 in O.P.No.45 of 1990.

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Subject to the above observation, this Writ Petition is disposed of.

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As a sequel to disposal of the writ petition, W.P.M.P.No.13853 of 2011, filed by the petitioner for interim relief, shall stand disposed of as infructuous.

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C.V. NAGARJUNA

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REDDY, J February 26, 2013. Mgr/Vgb

Batchu Suryanarayana, v. The Sub Collector

Case brief

What is this about?

What did the court decide?

Batchu Suryanarayana, v. The Sub Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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