The Executive Officer vs G. Narasimha Chary
2021 Latest Caselaw 2286 Tel

Item No.3



      THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                                   AND
      THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY


                          W.A.No.335 of 2021

JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)


1.     The appellant (respondent No.7 in W.P.No.22269 of 2020) is

aggrieved by the order dated 08.12.2020, passed by the learned Single

Judge in a writ petition filed by the respondent No.1 herein,

challenging the Letter dated 06.11.2020 issued by the respondent

No.4/Endowment Department (respondent No.3 in the writ petition)

permitting the respondent No.3/Telangana State Transco (respondent

No.2 in the writ petition) to lay a Monopole Transmission Line

through lands situated in Survey Nos.284, 287, 296 and 297 of

Manchirevula Village, Rajendera Nagar Mandal, Rangareddy District.

2. By the impugned order, the learned Single Judge has disposed

of the captioned writ petition with a direction that the compensation

for the land in question used for laying the Monopole Transmission

Line, shall be deposited by the respondents No.3 and 6 (respondents

No.2 and 5 in the writ petition) and paid to the respondent No.1/writ

petitioner.

3. Mr. K. Jagan Mohan Reddy, learned counsel for the appellant

states that the subject land is owned by the temple authorities and not

by the respondent No.1/writ petitioner and therefore, no compensation

is payable to the respondent No.1/writ petitioner.

4. The said submission is however disputed by learned counsel for

the respondent No.1/writ petitioner, who states that there is a litigation

pending between the parties in respect of the subject land, registered

as W.P.No.22466 of 2016 and W.P.No.22560 of 2004 filed by the

respondent No.1/writ petitioner before the learned Single Judge

wherein, the issue of entitlement to an Occupancy Right Certificate, is

pending adjudication.

5. We have enquired from both the parties if the respondents No.3

and 6 (respondents No.2 and 5 in the writ petition) would be willing to

deposit the compensation in respect of the land in question in the

pending proceedings namely, W.P.No.22466 of 2016 and

W.P.No.22560 of 2004, for the same to be released in favour of the

party who ultimately succeeds in the captioned petitions. Learned

counsel for the parties are agreeable to the said suggestion.

6. Mr. R. Vinod Reddy, learned counsel for the respondent No.3/

Telangana State Transco states that a sum of Rs.14,00,000/-

(approximately) towards the compensation has already been deposited

with the respondent No.5/District Collector.

7. Learned Government Pleader for Revenue is directed to ensure

that the aforesaid amount is transmitted into the Registry within one

week. The Registry shall place the said sum in an FDR, initially for a

period of one year, to be renewed thereafter from time to time, till a

decision is taken in W.P.No.22466 of 2016 and W.P.No.22560 of

2004. The party, who succeeds in the captioned petitions, shall be

entitled to receive the compensation amount along with the interest,

that may have accrued on the said sum.

8. The present appeal is disposed of along with the pending

applications, if any.

______________________________ HIMA KOHLI, CJ

______________________________ B. VIJAYSEN REDDY, J 05.08.2021 JSU/PLN