Telangana High Court
The Ntpc Ltd. , vs Muthyam Agaiah Died on 11 July, 2025
Author: K. Lakshman
Bench: K. Lakshman
HON'BLE SRI JUSTICE K. LAKSHMAN
CIVIL REVISION PETITION No.1768 OF 2025
ORAL ORDER:
Heard Mr. Radha Krishna Murthy I.V., learned counsel
representing Ms. A.Jayashree, learned counsel for the petitioner and
Mr. Aravindu Maturi, learned counsel for respondent Nos.2 and 3.
2. This revision is filed under Section - 115 of C.P.C.
challenging the order dated 08.04.2025 in E.P. No.47 of 2012 in
LAOP No.244 of 1987.
3. LAOP No.244 of 1987 is a reference under Section - 18 of
the Land Acquisition Act, 1894 (for short 'Act, 1894') on the letter
dated 28.02.1986 seeking enhancement of compensation for the
acquired land and the Sendhi Trees of the petitioners therein situated
at Allure Village, Ramagundam Mandal, Karimnagar District. The
same was decreed on 17.06.1996 by the learned Subordinate Judge at
Peddapalli enhancing the compensation from Rs.4,000/- per acre to
Rs.7,500/- per acre in respect of dry and wet lands admeasuring
Acs.6.10 guntas in Survey Nos.127, 128, 133, 136, 140 and 125 of
Alluru Village. With regard to sendhi trees, the same is enhanced
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from Rs.80/- to Rs.100/- per big sendhi tree, from Rs.10/- to Rs.50/-
per medium size sendhi tree and from Rs.0.25ps. to Rs.5/- per small
sendhi tree. Solatium was also awarded and directed the Referring
Officer to pay solatium @ 30%, interest @ 9% for a period of one
year from the date of taking possession i.e., 03.05.1983 and @
Rs.15% per annum from the remaining period till the date of
realization on the enhanced amount as directed in paragraph Nos.2
and 3 of the decree.
4. Respondent Nos.2 and 3 herein being legal heirs of deceased
respondent No.1 filed Execution Petition vide E.P. No.47 of 2012 for
execution of the said award and decree. Vide order dated 08.04.2025,
learned Executing Court considering the fact that it cannot
authenticate the mathematical calculation submitted by the decree-
holders, as such, it has directed its office to verify the record and
certify the correctness of the calculations as stated by the decree
holders. As per the calculation memo filed by the decree holders is in
accordance with law, learned Executing Court directed its office to
verify the calculation, interest and as to whether claim made by the
claimants is correct or not. Then, learned Executing Court directed its
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office to verify the calculations submitted by the decree holders in the
presence of both counsel.
5. Mr. Thakur Ravinder Singh, learned counsel for judgment
debtors in E.P. No.47 of 2012 filed affidavit stating that the office of
Executing Court did not permit him to verify the calculations
submitted by the decree holders as directed by learned Executing
Court vide order dated 08.04.2025 in E.P. No.47 of 2012. In
paragraph No.3 of the said affidavit, he has specifically stated that the
office of Executing Court neither issued notice to him nor permitted
him to attend for verification. On the other hand, they have submitted
the note, upon which the EP was allowed. Thus, the office of
Executing Court has not followed the directions issued by the
Executing Court. Vide order dated 08.04.2025, the Executing Court
allowed the said E.P. stating that the EP is allowed by verifying the
calculations, since the EP is of 2012, office was directed to put up the
note by 17.04.2025.
6. Mr. Radha Krishna Murthy I.V., learned counsel
representing learned counsel for the petitioner herein, would submit
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that the office of the Executing Court did not put up the note by
17.04.2025 in compliance with the order dated 08.04.2025.
7. Whereas, learned counsel appearing for respondent Nos.2
and 3 - decree holders filed counter and vacate stay application
contending that calculations were mentioned in the affidavit itself.
The petitioner herein - judgment debtor did not comply with the award
and decree in LAOP No.244 of 1987. The matter went up to the
Hon'ble Supreme Court. Thus, the petitioner herein is trying drag on
the proceedings. In the said course of action, it has filed the present
revision and obtained interim orders.
8. The aforesaid rival submissions would reveal that the dispute
is with regard to solatium and interest. Therefore, on consideration of
the said aspects, more particularly, calculations filed by the decree-
holders, the Executing Court was not in a position to authenticate it,
therefore, it has directed its office to verify the record, certify the
correctness of the calculations as stated by the decree holders in the
presence of both the counsel.
9. It is the specific contention of learned counsel for the
petitioner that the office of Executing Court did not permit learned
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counsel for the judgment debtors to verify the calculations filed by the
decree holders in terms of order dated 08.04.2025 in E.P. No.47 of
2012.
10. Mr. Thakur Ravinder Singh, learned counsel for judgment
debtors in E.P. No.47 of 2012 filed affidavit stating that the office of
Executing Court did not permit him to verify the calculations
submitted by the decree holders as directed by learned Executing
Court vide order dated 08.04.2025 in E.P. No.47 of 2012. Having
directed its office to verify the calculations filed by the decree-holders
in the presence of both the counsel, learned Executing Court should
have verified as to whether its office afforded opportunity to learned
counsel for the petitioner to verify the calculations. In the light of the
same, the order dated 08.04.2025 passed by learned Executing Court
in E.P. No.47 of 2012 in LAOP No.244 of 1987 is liable to be set
aside.
11. In view of the aforesaid discussion, this Civil Revision
Petition is allowed setting aside the order dated 08.04.2025 passed by
learned Senior Civil Judge-cum-Assistant Sessions Judge at
Peddapalli (Executing Court) in E.P. No.47 of 2012 in LAOP No.244
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of 1987. The matter is remanded back to the Executing Court with a
direction to permit Mr. Thakur Ravinder Singh, learned counsel for
the judgment debtors, to verify the calculations filed by the decree
holders and also learned counsel for the decree holders to verify the
same. Thereafter, the office of the Executing Court shall put up a note
for the purpose of passing necessary orders. On receipt of the said
report/note by the office, learned Executing Court shall decide E.P.
No.47 of 2012 strictly in accordance with law and pass a reasoned
order.
12. As stated above, the EP is of the year 2012, learned
Executing Court shall dispose of the said E.P. within a period of four
(04) weeks from the date of receipt of copy of this order. In the
circumstances of the cases, there shall be no order as to costs.
As a sequel, miscellaneous petitions, if any, pending in the
revision shall stand closed.
_________________
K. LAKSHMAN, J
11th July, 2025
Mgr
