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2020 DIGILAW 503 (TS)

Nakirekanti Venkateswa Rao v. State of Telangana

2020-06-23

A.RAJASHEKER REDDY

body2020
ORDER : 1. The writ petition is filed questioning the action of the 3rd respondent in issuing letters in Rc. No. G/2013/217, dated 06.07.2019 and Rc. No. G/273/2019, dated 30.11.2019 requesting the Branch Manager, Vijaya Bank, Yerraguntla Branch, to stop payments towards land acquisition compensation to the petitioner deposited in his account No. 406101010001095 with Vijaya Bank, quoting Court orders passed in W.P. Nos. 7217/2019, 7237/2019, 23310/2019 and 23333/2019, without verifying the survey numbers covered under the said writ petitions and in stopping the payment in respect of 6 Sy. Nos. 207/A, 207/AA, 216/A, 216/AA, 213/1, 213/2, 213/A, 216/A, 216/AA, 226/1 and 227/1 for the extent of Ac. 1-03 Gts, Ac. 1-24 Gts, Ac. 0-10 Gts, Ac. 1-04 Gts, Ac. 0-35 Gts. totalling to Ac. 5.25 Gts and for 4 Sy. Nos. Sy. No. 218, 223, 224 and 225 for the extent of Ac. 1-02, Ac. 2-24, Ac. 0-17 and Ac. 4-02 Gts. situated in Gumpena village, Annapureddypalli mandal, Bhadradri Kothagudem District as being illegal, arbitrary and violative of Articles 19, 21 and 300(A) of the Constitution of India and consequently direct the respondents to forthwith release the land acquisition compensation covered under the Award dated 31.05.2019 for the extent of Ac. 5-25 Gts. @ Rs. 8.00 lakhs per acre to the petitioner for the 6 Sy. Nos. 207/A, 207/AA, 216/A, 216/AA, 213/1, 213/2, 213/A, 216/A, 216/AA, 226/1 and 227/1 for the extent of Ac. 1-03 Gts. Ac.1-24 Gts. Ac. 0.10 Gts. Ac. 1-04 Gts. and Ac. 0-35 Gts. which are not the subject matter and not covered under W.P. Nos. 7217/2019, 7237/2019, 3333/2019 and 23310/2019, to meet the ends of justice. 2. Learned counsel for the petitioner submits that the dispute is in respect of 4 survey numbers which are the subject matter of dispute in the above writ petitions, but there is no dispute with respect to the other six survey numbers referred to above, the 3rd respondent-Special Deputy Collector/Land Acquisition Officer ought not to have addressed letters dated 06.07.2019 and 30.11.2019 to the Bank Manager, Vijaya Bank to stop payment of the compensation amount deposited to the entire extent of land including the compensation which is not subject matter of any dispute or any claim made by the third parties. Learned counsel further submits that such a course adopted by the 3rd respondent, after an award is passed and compensation deposited into the petitioner’s bank account is legal and deprived the petitioner of his legitimate right to withdraw the compensation amount. 3. Learned Government Pleader for Land Acquisition, on instructions, submits that one Annasamudram Padma and Annasamudram Jayachandra Rao made a cross claim to the compensation amounts in respect of 4 survey numbers for a total extent of Ac. 8-05 Gts. as against the total extent of Ac. 13-30 Gts. however, the petitioner is entitled for compensation in respect of the 6 survey numbers which are outside the subject matter of writ petitions filed by the said persons, subject to production of title deeds in respect of those lands covered under the 6 survey numbers. But, the counsel for the petitioner submits that the title deeds were already produced by the petitioner in respect of the 6 survey numbers at the time of award enquiry. 4. Having regard to the facts and circumstances of the case, inasmuch as it is not disputed that in respect of lands covered under the 6 survey numbers viz. Sy. Nos. 207/A, 207/AA, 216/A, 216/AA, 213/1, 213/2, 213/A, 216/A, 216/AA, 226/1 and 227/1 for the extent of Ac. 1-03 Gts. Ac. 1-24 Gts. Ac. 0.10 Gts. Ac. 1-04 Gts. and Ac. 0-35 Gts. there is no dispute or any claim by any third party and the same is also confirmed by the learned Government Pleader for Land Acquisition, the respondents are directed to permit the petitioner to withdraw the amounts in respect of 6 survey numbers, which are not in dispute, on production of title deeds in respect of those lands, if not already produced at the time of award enquiry. 5. With the above directions, the writ petition is disposed of accordingly. Consequently, the miscellaneous petitions, if any, pending are also disposed of. There shall no order as to costs.