Partly allowed

Erri Narsi Reddy, v. The Special Collector (La)

Telangana HC8 Mar 2013WP/38528/2012

Case brief

AI extract

What is this about?

This writ petition sought a mandamus to stop payment of land acquisition compensation to other beneficiaries pending a partition suit. The court held that the petitioner has a claim to a share and directed the Collector to withhold 14% of the compensation in a fixed deposit.

What did the court decide?

Directing the Special Collector to withhold Rs.7 lakhs (approx. 1/4th share) from total compensation and deposit it in a Nationalised Bank till disposal of the partition suit; disbursement of balance

Erri Narsi Reddy, Vs The Special Collector (La) — Land Acquisition | Telangana HC (2013)

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HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.38528 of 2012

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Date : 8-3-2013

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Between: Erri Narsi Reddy .. Petitioner And The Special Collector (LA), SRSP SSP & JCRGLIP, Tarnaka, Hyderabad and others .. Respondents

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Counsel for petitioner : Sri D. Bhaskar Reddy Counsel for respondent Nos.1 & 2 : Assistant Government Pleader for Land Acquisition Counsel for respondent Nos.3 to 8 : Sri S. Chalapathi Rao

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The Court made the following:

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ORDER:

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This Writ Petition is filed for a mandamus to direct respondent Nos.1 and 2 not to pay compensation to respondent Nos.3 to 8 in respect of Ac.12-31 guntas in Sy.Nos.676, 677, 679, 680, 681, 682, 683, 685 and 686, of Inapur village, Cheriyal Mandal, Warangal District.

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The petitioner averred that with reference to the above mentioned property which is acquired for J. Chokka Rao Godavari Lift Irrigation Project, III Phase, Package VIII, O.S.No.40/2012, filed by him for partition is pending in the Court of the learned Senior Civil Judge, Jangaon, Warangal District. According to the petitioner, he is entitled to 1/4^th share in the above mentioned property and that if the entire compensation amount is paid to respondent Nos.3 to 8 even before disposal of the said suit, his interests will be seriously affected.

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Respondent No.2 filed a counter-affidavit wherein it is inter alia stated that award was passed in favour of respondent Nos.3 to 8 and that compensation was also apportioned among them. It is further stated that out of the

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total compensation amount of Rs.29,18,220/-, a sum of Rs.6,07,000/- was paid towards the share of respondent No.7.

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Sri S. Chalapathi Rao, learned counsel representing respondent Nos.3 to 6 and 8, fairly submitted that even if the petitioner succeeds in the suit, he will be entitled to only 1/4^th share of the total amount of compensation and that his clients may be paid the balance compensation according to their shares as determined under the award, after deducting 1/4^th out of the total compensation.

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I find this submission of the learned counsel for respondent Nos.3 to 6 and 8, reasonable. Admittedly, the petitioner has claimed 1/4^th share in the property in question in the above mentioned partition suit. Therefore, it is appropriate that a sum of Rs.7 lakhs, which constitutes about 1/4^th of the total compensation amount of Rs.29,18,220/-, is withheld from being disbursed to respondent Nos.3 to 6 and 8.

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Accordingly, respondent No.2 is directed to withhold a sum of Rs.7 lakhs out of the total compensation amount and keep the same in an interest yielding fixed deposit in a Nationalised Bank till disposal of O.S.No.40/2012. Respondent No.2 shall disburse the balance amount of compensation among respondent Nos.3 to 6 and 8 according to their shares as determined under the award.

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The entitlement of the petitioner to the sum of Rs.7 lakhs to be kept in fixed deposit shall depend upon the outcome of the suit.

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The Writ Petition is disposed of subject to the above directions.

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As a sequel to the disposal of the Writ Petition, interim order dated 17-12-2012 is vacated and WPMP No.48869/2012 is disposed of as infructuous.

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________________________ Justice C.V. Nagarjuna Reddy

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Date : 8-3-2013

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Erri Narsi Reddy, v. The Special Collector (La)

Case brief

What is this about?

What did the court decide?

Erri Narsi Reddy, v. The Special Collector (La)

Case brief

What is this about?

What did the court decide?

What the court decided

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