GOVERNMENT OF ANDHRA PRADESH Vs. THOTA JANGAIAH

JUDGEMENT

(1.) In a case where damages are caused to the private properties of a person leased out to the Government on account of the acts committed by the third parties, whether the lessor has any right to claim compensation or damages from the tenant-lessee for the loss sustained by him under the Public Law remedy, is the question that arises for consideration in these two appeals filed against the order of the learned Single Judge in W.P.No. 12679 of 1992.

(2.) The parties will be referred to their status in the Writ Petition.

(3.) The factual matrix of the case is that the petitioner had let out his house bearing No.11-131/1 situate at Chandur village, Nalgonda District to the State for accommodating the office of the Mandal Revenue Officer, Chandur. The tenanted building was burnt by the naxalites on 19-9-1990 resulting in damage to the slab and walls. The furniture and the records in the office were also burnt. He filed a petition before the Government for grant of compensation to the extent of loss sustained by him. The Executive Engineer (R and B), Nalgonda vide his letter No. DB/D3/91/ 92/4423/6 dated 20-7-1991 submitted report to the Collector estimating the damages caused to the building at Rs.2,40,000.00. According to the petitioner, the Collector in his Letter No. C1/14650/90 dated 30-8-1991 recommended to the Secretary and Commissioner of Land Revenue for sanction of compensation. However, the Government issued G.O.Rt.No. 2564 G.A. (SC.A) Department dated 18-6-1992 sanctioning Rs. 20,000/- only as an exgratia towards loss sustained by him. Petitioner states that in similar cases of damages caused to the private buildings by the acts of the naxalities, the Government in G.O.Ms.No.231, G.A.D. dated 30-3-1991, awarded compensation as per the estimates given by the Executive Engineer concerned and recommended by the Collector, but in his case such a procedure was not adopted. Challenging the action of the Government in awarding the meagre amount of Rs.20,000/-, petitioner has filed the aforesaid writ petition for the following relief: To direct the respondents to pay a sum of Rs.2,40,000.00 towards compensation to the petitioner herein for the loss sustained by him on account of the damage caused to his building due to the same having been burnt up by the Naxalites/Radicals by declaring the said G.O.Ms.No.139, dated 13-3-1992 and G.O.Rt.No.2564 dated 18-6-1992 as illegal by way of issue of Writ of Mandamus or any other appropriate writ, order or direction.