Sapur Pedda Veeranna v. State OF A. P. , Irrigation and CAD
2000-07-20
S.ANANDA REDDY
body2000
DigiLaw.ai
S. ANANDA REDDY, J. ( 1 ) THIS writ petition is filed by the petitioner seeking an appropriate direction to the respondents for issuing the cheque in respect of the compensation for which already a cheque was issued alongwith a bond in favour of the petitioner in phase-II of the Lok Adalath. ( 2 ) THE land of the petitioner was acquired and the concerned authorities issued a cheque and bond in favour of the petitioner towards the compensation amount. But as there was some mistake, the cheque and the bond were returned to the land Acquisition Officer for correction and for returning it to the petitioner. But as the land Acquisition Officer failed to carry out the correction and return the cheque arid the bond to the petitioner, now the petitioner is seeking a direction for returning the cheque after completing the necessary corrections alongwith the bond, which were returned by the petitioner. ( 3 ) AS far as the facts are concerned, there is no dispute regarding the amount to which the petitioner is entitled and also to the fact that cheque and the bond were issued in the Lok Adalath to the petitioner in phase-II of the Lok Adalath. When the petitioner failed to get any response from the second respondent, he has approached this Court by way of filing this writ petition and this writ petition was filed on 4-10-1999. But till date, the respondents have not filed any counter. But basing on the parawise remarks, the learned government Pleader represented that fresh proposals have been sent for allocation of funds and awaiting for the budget allocation and the petitioner would be paid, as soon as the funds are provided by the government It is unfortunate that the Land acquisition Officer instead of carrying out correction in the cheque and returning the same to the petitioner alongwith the bond, seems to have diverted the amount which was supposed to be paid to the petitioner. ( 4 ) IN this case the award was passed in the year 1975 as Award No. 38/75 and the land of the petitioner was acquired in the year 1974. Even after a lapse of 26 years, the petitioner is moving from pillar to post for receiving his compensation.
( 4 ) IN this case the award was passed in the year 1975 as Award No. 38/75 and the land of the petitioner was acquired in the year 1974. Even after a lapse of 26 years, the petitioner is moving from pillar to post for receiving his compensation. Therefore, the action of the second respondent in not carrying out corrections in the cheque and returning the same to the petitioner alongwith the bond is highly depreciated and his action is mere abuse of power without proper sanction for diverting the funds in respect of which, a cheque was already issued in favour of the petitioner. Therefore,, there is absolutely no justification to delay the matter any further. ( 5 ) THEREFORE, the second respondent is directed to issue the cheque for the amount for which the cheque was already issued under phase-II of the Lok Adalath along with the bond which was issued to the petitioner at that time, which were renamed by the petitioner for correction to the Land acquisition Officer. The petitioner is also entitled for interest from the date of return of the cheque till the date of payment at the rate of 15% per annum and the interest is to be recovered from the person who is responsible for the delay in making the payment to the petitioner. The second respondent is directed to implement the above order within two weeks from to-day. ( 6 ) THE writ petition is accordingly disposed of with costs, quantified at Rs. 2,000. 00 (Rupees two thousand ).