HONOURABLE SMT. JUSTICE P.SREE SUDHA
C.R.P.No.304 of 2023
ORDER:
This revision is filed against the order, dated 31.10.2022, passed by the learned I-Additional District Judge, Nizamabad, in E.P.No.2 of 2015 in LAOP No.698 of 2003.
2. Learned counsel for the petitioner submits that respondents herein/Decree Holders filed E.P., against the petitioner herein/Judgment debtor-Special Deputy Collector, LA-cum-Loc, Unit SRSP (Land Acquisition Officer) Pochampad for attachment of the movables of J.Drs., for realization of the decretal amount. Learned counsel for the petitioner submits that L.A.O.P.No.698 of 2003 was decreed on 13.08.2012 for acquiring the lands of the respondents to an extent of Ac.1-05 guntas for excavation of canal and they were awarded compensation 2 with interest and solatium and, they are entitled for total amount of Rs.62,85,100/- and prayed to attach the movables of J.Dr.
3. Learned Government Pleader made appearance on behalf of the respondents and stated that entire amount is already deposited.
4. Learned counsel for the petitioner herein stated that they have filed calculation memo in page Nos.16 and 17 of the paper book to show that they have deposited entire amount of Rs.51,13,353/- and they need not pay any amount. Further, the respondents herein also filed calculation memo in page Nos.18 and 19 in which it appears that they have paid an amount of Rs.51,13,353/- and balance due as on 24.10.2019 was Rs.12,08,620/-. A perusal of the order shows that the officer has not ascertained the amount to be paid by Land Acquisition Officer. Though, both the calculation memos are filed by both the counsel 3 and there was dispute regarding the amount to be paid by them. The officer has not ascertained how much amount is to be paid by the Land Acquisition Officer, but simply passed orders in execution proceedings attaching the movable properties of the office of the J.Dr. The contention of the J.Dr., is that they have already deposited the entire amount, whereas the D.Hrs., stated that there is still due of Rs.12,08,620/- and it is for the Court to decide how much amount is to be paid by the J.Dr., before issuing warrant against the office of the Special Deputy Collector. But the trial Court even without ascertaining the amount issued attachment of movable properties and the order of the trial Court is patently erroneous and is liable to be set aside.
5. In the result, the civil revision petition is allowed at the admission stage and the matter is remanded to the trial Court with a direction to ascertain the amount to be paid by the revision petitioner/J.Dr., before issuing warrant of 4 attachment of movable properties of J.Dr., and then, pass necessary orders. No order as to costs.
6. Miscellaneous petitions pending, if any, shall stand closed.
_________________________ JUSTICE P.SREE SUDHA Date : 03.02.2023.
Note : CC by today (B/O) Yvkr