THULUMA MALLAIAH Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Petitioners, who are claiming to be the owners of land in S.Nos.779 and 780 of Panagal village, Nalgonda District, filed this petition seeking a direction to the respondents to pay compensation for the loss sustained by them due to inundation of their land, as a consequence to the construction of a masonry structure for storage of water, by the respondents.

(2.) From the averments in the affidavit filed in support of the petition it is seen that the petitioners, after issuing a notice claiming compensation and for removal of masonry structure constructed by the respondents, had filed O.S.No.2099 of 1988 on the file of the Court of the District Munsif, Nalgonda, and that the same was dismissed, and that they preferred an appeal in A.S.No.48 of 1993 to the District Court against the decree of dismissal of their suit and that the appeal was allowed with a direction to the respondents to reduce the height of the bund and pay suitable compensation to them, for the loss sustained by them due to the raising of the height of the bund, and that respondents, questioning the decree in the first appeal, filed a second appeal, with a petition to condone the delay and obtained orders of stay of operation of the decree in appeal and so they are obliged to file the writ petition.

(3.) On behalf of the respondents, second respondent filed his counter affidavit inter alia contending that the masonry structure was constructed only upto the height of the existing old earthen bund for the benefit of the tail end Ayacutdars and that petitioners did not suffer any loss and are raising crops as usual in their lands and so they are not entitled to any relief.