G Madhu Babu vs The State Of Ap
2022 Latest Caselaw 9656 AP

          HON'BLE SRI JUSTICE RAVI NATH TILHARI

                 Writ Petition No.40463 of 2022
Order:

      Heard Sri K. Rathangapani Reddy, learned counsel for the

petitioners and Sri N. Ranga Reddy, learned counsel, appearing for

respondent No.4 - Municipality.

2. Sri S. Chowdary, learned Assistant Government Pleader, has

accepted notice for respondent No.1 and Mr. V. Farook, learned

Assistant Government Pleader for Revenue, has accepted notice for

respondents 2 and 3.

3. All the petitioners, 83 in number, previously filed Writ Petition

No.3332 of 2020 for issue of a Writ, order or direction more

particularly in the nature of Writ of Mandamus directing the same

respondents, as herein, to make the payment of compensation to the

petitioners for acquisition of their lands/property along with interest

from the date of taking possession thereof.

4. The said Writ Petition was disposed of, by an order dated

11.11.2022, directing the respondents to pay the compensation

amount as directed in para 4 of the said judgment, which is

reproduced as under.

"4. On the submissions made by both the counsels on analysing the same, this Court hereby directs the respondents to pay the 3 compensation

amounts which are due to 6th, 10th and 44th petitioners within a period of two (2) months from the date of receipt of this order. The 9th, 12th, 37th, 60th, 63rd and 75th petitioners are hereby directed to file relevant documents establishing their right before the concerned authority within two (2) weeks from the date of receipt of this order. On such filing of the documents, respondents authorities are directed to pass appropriate orders for payment of the compensation and if the documents are genuine and relevant and which establishes the rights of the petitioners, and if it is found that the documents filed by the petitioners are not genuine and relevant, the respondents authorities are directed to issue proceedings to the petitioners with regard to the rejection."

5. From a perusal of the above judgment, dated 11.11.2022, it is

evident that the direction was given to make the payment of

compensation, but there is no direction with respect to the payment

of interest, which was claimed by the petitioners in that Writ Petition.

6. Learned counsel for the petitioners also could not point out

from the judgment that with respect to the prayer for grant of

interest, any reservation was provided or liberty was granted to file

fresh Writ Petition. He, however, submits that after the judgment,

the payment of compensation has been made and the petitioners

have filed a representation for grant of interest before the authorities,

but the same has not been decided.

7. The prayer in the present Writ Petition is as follows.

"To issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in not paying interest for the delayed payment of compensation from 18.07.2017 to April, 2021, in pursuance to the compensation determined and possession of the petitioners houses/structures/sites were taken vide proceedings in RCC No.1124/2007/G1, dated 18.07.2017, by the 3rd respondent, in spite of the petitioners representation dated 06.10.2021, as illegal, unjust and violation of Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents to pay interest amount for the aforesaid three years to the petitioners."

8. This Court is of the considered view that once the petitioners

approached this Court in WP No.3332 of 2020 for grant of

compensation with interest and the interest has not been awarded by

this Court, the present petition for the same relief for grant of

interest, is not maintainable. Filing of the fresh representation would

not confer any right on the petitioners to maintain the present Writ

Petition for the interest.

9. Accordingly, the Writ Petition is dismissed. There shall be no

order as to costs.

10. As a sequel thereto, the miscellaneous applications, if any,

pending in this Writ Petition shall stand closed.

__________________ RAVI NATH TILHARI, J Date:15.12.2022 Nsr

HON'BLE SRI JUSTICE RAVI NATH TILHARI

Writ Petition No.40463 of 2022

Date:15.12.2022 Nsr