Kadiri Nagendra Prasad vs Special Deputy Collector Land ...
2021 Latest Caselaw 987 AP

              HON'BLE SRI JUSTICE K. SURESH REDDY

Civil Revision Petition Nos.1284 of 2020, 1273 of 2020, 1288 of
                      2020 and 1289 of 2020


   COMMON ORDER:-


         As the issue is one and the same in all the four CRPs arising out of

   land acquisition proceedings, with the consent of both the counsels, this

   Court is passing common order.

         2.     These 4 CRPs are filed by the petitioners / Claimant Nos. 75,

   76, 6 and 73 against the docket orders, dated 17.11.2020 passed in

   I.A.Nos.411 of 2020, 412 of 2020, 409 of 2020 and 410 of 2020 in

   L.A.O.P.No.1225 of 2001 on the file of the Court of 1st Additional District

   Judge, Kadapa.


         3.     Brief facts of the case are that the petitioners in 4 CRPs are

   the Claimant Nos.75, 76, 6 & 73 in L.A.O.P.No.1225 of 2001 on the file of

   the Court of 1st Additional District Judge, Kadapa. The petitioners in all

   the four CRPs sought for reference under Section 18 of the Land

   Acquisition Act,1894, for enhancement of the compensation awarded in

   Award No.6/1993-94, dated 24.1.1994. The reference Court has allowed

   L.A.O.P.No.1225 of 2001 and enhanced the compensation in respect of

   land and fruit bearing trees with statutory benefits in its order and decree

   dated 28.4.2010. Aggrieved by the said order, the respondent herein has

preferred L.A.A.S.No.1036 of 2011 before this Court. This Court by its

Judgment dated 16.4.2015 modified the order in L.A.O.P.No.1225 of 2001

to the extent that the claimants are entitled for compensation towards

fruit bearing trees and the remaining portion of the order and decree was

confirmed.

4. Pursuant to the modification of the Judgment and Decree

passed by this Court, the Government of Andhra Pradesh issued

G.O.Rt.No.10 Water Resources (LA) Department, dated 3.1.2018 by

sanctioning the amount. Pursuant to the above said G.O., the Government

of Andhra Pradesh has also issued a memo directing the Special Collector

for compliance of the report as per the G.O., Accordingly, the respondent

deposited the enhanced compensation amount before the Court below.

Thereafter, Claimant Nos.75, 76, 6 & 73 in all the 4 CRPs filed I.A.Nos.411

of 2020, 412 of 2020, 409 of 2020 and 410 of 2020 in L.A.O.P.No.1225 of

2001 on the file of the Court of I Additional District Judge, Kadapa,

seeking to transfer the compensation amount to the account of Claimants

as per the modification of Judgment and Decree passed by this Court. As

the learned I Additional District Judge, Kadapa is postponing the said

applications filed by the Claimants on one pretext or the other, they are

constrained to approach this Court seeking a direction to 1st Additional

District Judge, Kadapa, for expeditious disposal of the above said IAs

(Cheque Petitions).

5. Heard learned counsel for the petitioner and learned

Government Pleader for Arbitration appearing for respondent.

6. During pendency of the CRPs, the son of one of the

petitioner / claimant filed I.A.No.1 of 2021 seeking to implead him as one

of the respondents in the above said CRPs. His contention is that he made

a representation, dated 16.11.2020 before the I Additional District Judge,

Kadapa, stating that he has to get 1/8th share in the compensation

amount, as such, he filed a suit in O.S.No.491 of 2015 on the file of the

Court of the Principal Senior Civil Judge, Kadapa. The Claimants in all the

CRPs are none other than father, brother, second wife of father and

purchaser. As such, the petitioner in I.A.No.1 of 2021 has contended that

he has to get a share in the compensation amount and he filed a suit

against the petitioners in all four CRPS.

7. On the other hand, the learned counsel for the petitioners /

Claimants contended that the petitioner in I.A.No.1 of 2021 has already

got his share and he has taken away his share of compensation amount

before the Lok Adalat. They further contended that at the time of

dividing his 1/8th share before the Lok Adalat, he did not raise any

objection and he has taken away his amount calmly. Moreover, this

award was passed in the year 1994 and from then onwards, at any point of

time, he did not raise any objection. Subsequently, all the four Claimants

sought reference for enhancement of compensation and the compensation

was enhanced by the reference court. Even at that time also, he did not

raise any objection or implead himself as respondent in the reference

Court. Thereafter, Government of Andhra Pradesh filed appeal before this

Court. Then also, there was no objection on his part. Now, after enter

exercise has completed and when the proceedings are going to be

terminated, at the time of issuing - cheque petitions, he came up with

the present application, seeking impleadment. He further contended that

the petitioner in I.A.No.1 of 2021 is claiming 1/8th share in compensation

amount, which is shown as Item No.1 in the plaint schedule in O.S.No.491

of 2015. Along with the suit, he also filed I.A.No.3308 of 2015 under

Order XXXIX, Rules-1 & 2 Code of Civil Procedure, 1908, seeking

temporary injunction. After elaborate hearing, the said I.A. was dismissed

on 23.12.2020. As such, the petitioner in I.A.No.1 of 2021 is not entitled

for any share in the compensation and sought for dismissal of the said

petition. Aggrieved by the order in I.A.No.3308 of 2015, he filed an appeal

before the Appellate Court and the same is pending.

8. Be that as it may, at present this Court is not inclined to go

into merits and demerits of the orders passed in I.A.No.3308 of 2015 as

the issue of partition, which is a subject matter of the suit in O.S.No.491

of 2015 is subjudice. In such circumstances, I.A.No.1 of 2021 is hereby

dismissed as devoid of any merit.

9. Coming to the main CRPs, issue is between the Claimants

and the Government. The learned I Additional District Judge, Kadapa, has

passed a docket order stating that the petitioner in I.A.No.1 of 2021 made

a representation stating that he has to get a share in the compensation

amount and he filed a suit to that effect. He also filed I.A.No.3308 of

2015 in O.S.No.491 of 2015, as such, he requested to defer I.A.Nos.411 of

2020, 412 of 2020, 409 of 2020 and 410 of 2020. He also represented that

one PIL in W.P.(PIL) No.220 of 2020 is also pending before this Court in

respect of the grievance in this case. As such, the learned Judge was

adjourning the matter in I.A.Nos.411 of 2020, 412 of 2020, 409 of 2020

and 410 of 2020 from time to time.

10. During the course of hearing, it is brought to the notice of

this Court that PIL in W.P.(PIL).No.220 of 2020 was dismissed by the

Division Bench of this Court today i.e., on 4.2.2021.

11. In that view of the matter and in view of the dismissal of

PIL in W.P.(PIL).No.220 of 2020 and also the fact of dismissal of

I.A.No.3308 of 2015 in O.S.No.491 of 2015, the learned I Additional

District Judge, Kadapa, is directed to dispose of I.A.No.411 of 2020, 412

of 2020, 409 of 2020 and 410 of 2020 in L.A.O.P.No.1225 of 2001 as

expeditiously as possible preferably within a period of four (04) weeks

from the date of receipt of a copy of this order.

12. So far as I.A.No.1 of 2021 in all the four CRPs are concerned,

the same are dismissed giving liberty to the petitioner to work out his

remedies in O.S.No.491 of 2015 in accordance with law.

13. With the above direction, all the four CRPs are disposed of.

There shall be no order as to costs.

Consequently, miscellaneous petitions, pending if any, shall stand

closed.

_________________ K. SURESH REDDY, J

19th February, 2021.

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HON'BLE SRI JUSTICE K. SURESH REDDY

Civil Revision Petition Nos.1284 of 2020, 1273 of 2020, 1288 of 2020 and 1289 of 2020

Dated : 19-02-2021

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