The Govt. Of A.P. Hyderabad ... vs K. Madan Mohan Reddy, Hyd 2 Others
2021 Latest Caselaw 4443 Tel

THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                                  AND
                THE HON'BLE SRI JUSTICE N. TUKARAMJI

                                   W.A.No. 1039 of 2008

JUDGMENT:           (Per the Hon'ble the Chief Justice Satish Chandra Sharma)



        The present writ appeal is arising out of the order dated

19.09.2007 passed by the learned Single Judge in W.P.No.7941 of

2000.

        The facts of the case reveal that the writ petition was

preferred by K. Madan Mohan Reddy, respondent No.1 in the

present writ appeal, stating that he is the absolute owner of house

bearing Door No.3-29, situated at Shivannagudem Village,

Marriguda Mandal, Nalgonda District, and it was in the occupation

of Union Bank of India. On the intervening night of

03/04.06.1994, naxalites blasted the said house with dynamites

and a case was also registered by the police in Crime No.21 of

1994. The writ petitioner, as he suffered heavy loss due to the said

blasting, sought a direction to the respondents/authorities to pay

compensation to the tune of Rs.4,50,000/- along with interest at

the rate of 12% per annum. Reliance was placed upon

G.O.Ms.No.70, General Administration (SC.A) Department, dated

26.02.1996. The State Government took a stand that the said G.O

was issued in the year 1996 and therefore, it does not have

retrospective effect and the writ petition be dismissed. The learned

Single Judge, as it was admitted before the learned Single Judge

that the property of the petitioner was blasted by naxalites by

using dynamites and he was the victim of naxalite violence,

directed payment of Rs.2,00,000/-, instead of Rs.4,50,000/-, as

the maximum limit provided for under G.O.Ms.No.70 dated

26.02.1996 was Rs.2,00,000/- only.

This Court has carefully gone through the judgment

delivered by the learned Single Judge. G.O.Ms.No.70 dated

26.02.1996 was issued by the State of Andhra Pradesh, as large

number of properties of private persons were damaged by naxalites

in the naxalite infested areas, in order to help the public at large.

It is nobody's case that the petitioner's property was not destroyed

by naxalites. On the contrary, the police registered F.I.R in respect

of the same and Union Bank of India was also functional in the

property of the petitioner. The G.O was issued only to help such

people, who lost their dear ones or their properties in the naxalite

violence and in those circumstances, this court is of the opinion

that the learned Single Judge was justified in directing payment of

Rs.2,00,000/- to respondent No.1/writ petitioner, keeping in view

the upper limit fixed in G.O.Ms.No.70 dated 26.02.1996. This

court does not find any reason to interfere with the order passed

by the learned Single Judge.

The writ appeal is dismissed.

Pending miscellaneous applications, if any, shall stand

closed. There shall be no order as to costs.

___________________________ SATISH CHANDRA SHARMA, CJ

_______________________ N. TUKARAMJI, J 17.12.2021 JSU