The Land Acquisition Officer - Cum - Revenue Divisional Officer, Nizamabad v. Ganga Rajaiah
Case at a glance
- Bench
- I ADDITIONAL DISTRICT
Provisions considered
- Constitution of India art. 227
- Code of Civil Procedure, 1908 s. 151
Key paragraphs
- Para 33. Learned Government Pleader for the petitioner has clrawn the attention of this Court to the calculation sheet tiled by the Land Acquisition officer in E.P.No.7 of z}l1, accorcring to which the entire amount has been paid and there are no dues frorn the petitioner.…
- Para 44. Two CD,Copies TPIVABK u o 1 taPS () * THE S t 'l i ttr, ti ;rt)t ( I (-. ITION IS DISPOSED OF u n
Judgment
Cause title
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in E. P. No. 7 of 2016 in O. P. No. 128 of 1997 on the file of the First Additional District Judge, Nizamabad for lifting of property of LAO / JDR, Counsel for the Petitioner: GP FOR ARBITRATION Counsel for the Respondents: SRI T.SRUJAN KUMAR REDDY The Court made the following: ORDER n THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI F
ORDER::
This Civil Revision Petition is filed challenging the order dated I 1.08.2025 in E.P.No.7 of 201,6 in L.A.O.P.No.l28 of 1997 passed b),the I Additional District Judge at Nizamabad (for sho6 "the Trial Court"), whereby the property of the petitioner office was attached and also for lifting of the property on payment of transport r:harges.
This Court, vide interim order dated 10.09.2025, had ,l stayed the execution of the order dated I1.08.2025 in E.p.No.7 of 2016 in L.A.o.P.No.l28 of 1997 on the file of the I Adcritionar District Jurlge at Nizamabad.
Learned Government Pleader for the petitioner has clrawn the attention of this Court to the calculation sheet tiled by the Land Acquisition officer in E.P.No.7 of z}l1, accorcring to which the entire amount has been paid and there are no dues frorn the petitioner. TMD,J cRe 3223 2025 2 o 4, Learned counsel for the respondents has also drawn the '.:,' : attention of this Court to the computation filed by the decree holders, contending and that they are entitled to the amount accordingly.
However, upon comparison of both the computation sheets, it is noticed that there appears to be a dispute with regard to the damages calculated at the rate of 15% from the date of possession to the date of notification and also with regard to the interest payable on the awarded amounts.
Learned Government Pleader fbr the petitioner had further pointed out that payrnent of Rs.l,0l,229l- deposited on
31.08.2018, is-also not finding place in cotnputation sheet filed by the respondents. Therefore, it appears that the Trial court has not 7. appreciate{ the discrepancies betwecn the calculation sheets fild . by the decree holders and the Land Acquisition Officer' [n view of the same, since it is pointed out that there are discrepancies in the calculations, this Court is inclined to set aside the order dated \ \ (^ 3 TMD,J cRP 3223 2025
11.08.2(t25 in E.P.No.7 of 2016 in L.A.O.P.No.l28 of 1997on rhe file of I Additional District Judge at Nizamabad, and remand the case bac'k to the Trial court and the Trial Court is directed to compare both the computations and also consider the evidence filed by both the parties in support of their calculations and thereafter, pass app)'opriate orders within a period of two (02) months from the date c,f receipt of a copy of this order.
with the above directions, the civil Revision petition is disposed of. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall also stand dismissed. SD'.S MALLIKARJUNA RAO STANT REGISTRAR ,,TRUE COPY" OFFICER To,
The I Additional District Judge at Nizamabad. 2. One CC to SRl. GP FOR ARBITRATION Advocate [OPUC] 3. One CC: to SRl. T SRUJAN KUMAR REDDY, Advocate [OPUC]
Two CD,Copies TPIVABK u o 1 taPS () * THE S t 'l i ttr, ti ;rt)t ( I (-. ITION IS DISPOSED OF u n
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.