YERUKALI CHINNA BALAIAH Vs. SPECIAL DEPUTY COLLECTOR

JUDGEMENT

(1.) This civil revision petition is filed by the petitioners against the order of the Senior Civil Judge, Wanaparthy, Mahaboobnagar District, in I.A. No. 292 of 2004 in OP No. 228 of 1996 filed under the Land Acquisition Act, 1894, for issuing of cheque in respect of the amount lying in Court deposit in favour of the owner of the land.

(2.) The second petitioner is the legal representative of the deceased first petitioner, the owner of Ac.0-03 guntas in Survey No. 145/2 of Sri Rangapur Village of Pebbair Mandal, Mahaboobnagar District, and she is entitled for compensation. When she filed the above application, the lower Court passed the impugned order on 17-8-2004 directing her to produce Succession Certificate. The learned Counsel for the petitioner contended that the second petitioner is the legal heir of the deceased first petitioner, who is the original owner of the land. There are no rival claims in this case. The Government of Andhra Pradesh through the Revenue Department acquired the land. The Revenue Officials are the best persons to enquire whether the second petitioner is the legal heir of the deceased first petitioner-landowner. Insisting on Succession Certificate is nothing but putting burden on the second petitioner and making her to spend so much money towards Court fee, legal expenses etc., for obtaining the Succession Certificate. It would be appropriate if the second petitioner is directed to produce the Legal Heir Certificate from the concerned Revenue Authorities and on filing of such Legal Heir Certificate, the Land Acquisition Officer shall verify the correctness of such certificate and on satisfying that the second petitioner is the legal heir of the deceased first petitioner-landowner, the Court may pass appropriate orders for release of the amount in favour of the second petitioner, which is already lying in Court deposit. The order of the lower Court dated 17-8-2004 made in I.A. No. 292 of 2004 in O.P. No. 228 of 1996 is accordingly set aside.

(3.) The civil revision petition is allowed with the above directions.