Varidireddy Srinivasulu Reddy vs The Project Director
2024 Latest Caselaw 9059 AP

Andhra Pradesh High Court - Amravati

Varidireddy Srinivasulu Reddy vs The Project Director on 1 October, 2024

  IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

                APPEAL SUIT No.523 of 2024

                    PROCEEDING SHEET
Sl.   DATE                          ORDER                             OFFICE
No.                                                                    NOTE

1. 01.10.2024 NJS,J & JS,J
                             A.S. No.523 of 2024
                   Issue notice to the respondents.

The learned counsel for the appellant is permitted to take out personal notice on the respondents by registered post with acknowledgement due and file proof of service in the Registry, by the date of next adjournment.

List the appeal on 29.10.2024.

I.A. No.1 of 2024 Heard Mr.N.Subba Rao, learned Senior Counsel appearing for the petitioner/appellant, who made submissions, inter alia that the petitioner/Decree Holder (D.Hr) can proceed against the property/any account of the National Highway Authority of India (NHAI) and can be attached for realization of the amount awarded towards compensation, though the said property is not in possession of the Judgment Debtor. He submits that in the earlier Execution Petition, a part of the Awarded amount was recovered and as there is no other amount in the account attached, the petitioner/D.Hr has no other alternative except to seek attachment of other

accounts of the NHAI, for realization of the balance Awarded amount. The learned Senior Counsel has also drawn the attention of this Court to the relevant provisions of the National Highways Act, 1956 as also the National Highways (Manner of Depositing the Amount by the Central Government; Making Requisite Funds Available to the Competent Authority for Acquisition of Land) Rules, 2019 framed thereunder. He also submits that if the order of attachment is raised, it would be difficult for realization of the balance Awarded amount and serious prejudice would be caused to the petitioner.

Considering the said submissions, there shall be interim suspension, as prayed for, for a period of eight (8) weeks from today.

______ NJS, J

_____ JS, J Note:

Dispatch order copy in two days. (By Order) vasu