KASUGANTI LAKSHMAN Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition is filed seeking writ of mandamus or any other appropriate writ directing respondents to pay the award amount with interest along with all statutory benefits as per the Award No.26/2007-08 dtd. 27/3/2008 and refer the award proceedings under Sec. 18 of the Land Acquisition Act 1894 (for short 'the Act') to the Court of the Senior Civil Judge, Jagtial in respect of the acquired land admeasuring Acs.4-00 in Survey Nos.536 and 538 situated at Muthyampet Villae, Mallial Mandal, Karimnagar District.

(2.) The case of the petitioner is that he is owner of the land admeasuring Ac.1-39 guntas in Survey No.536 and Acs.2-01 guntas in Survey No.538, totalling to Acs.4-00. Originally, the said land was in the name of the petitioner's father Mr. K. Sriranga Rao. The land was divided into equal shares as per partition in O.S. No.8 of 1985 on the file of the learned Sub Judge, Karimnagar, whereby the petitioner was allotted half share. A total extent of Acs.4-00 of land was acquired by the respondents for laying excavation for Flood Flow Canal from K.M. 80.000 to 81.000 and 81.000 to 82.000 in the limits of Muthyampet Village, Millial Mandal, Karimnagar District in 2005. In the said land, there were 120 mango trees, a well with pipeline facility for the garden and the same was recorded during enquiry and the petitioner is entitled for compensation under Category - A.

(3.) The case of respondent No.6 as stated in the counter affidavit is that the awarded amount was deposited by respondent No.4 in the civil Court vide reference No.B/46/2005 dtd. 12/8/2008 under Sec. 31(2) of the Act through the cheque bearing No.398902 dtd. 12/8/2008 for a sum of Rs.6,89,440.00. The cheque amount was not realised by the learned Senior Civil Judge within the validity period of one month, and therefore, the cheque was returned vide letter No.D.Dis.18346 dtd. 4/12/2008 for revalidation after four months by the learned Senior Civil Judge, Jagtial. The claim of the petitioner for reference under Sec. 18 of the Act was not considered by respondent No.4 as there was title dispute with regard to the land under acquisition. The compensation amount will be deposited as and when funds are received.