N Ramesh vs. The State Of Ap

HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU

W.P.No.1217 of 2019

ORDER :

After considering all the submissions made by the learned counsel for the petitioner, standing counsel and the learned Government Pleader, it is clear that there is a clear dispute between the writ petitioner and the unofficial respondents. Both are claiming independent title to the property. The counter filed by the Government Pleader also discloses the said dispute. However, it is clarified that the compensation is not disbursed.

A perusal of the record obtained from the lower Court in O.S.No.82 of 2013 shows that the suit is for injunction filed by the unofficial respondents. It was decreed ex parte. An application along with written statement is also filed by the writ petitioner herein for setting aside the ex parte order. The said application is yet to be considered. A reading of the written statement which is filed by the writ petitioner shows that they are claiming independent title to the property and the flow of title is also described in the written statement.

The claim of the unofficial respondents discloses that they are claiming title through a sale deed of 2012.

This Court cannot go into the disputed question and decide who has better title between these contesting parties.

Apart from that, there is a remedy which is also available in the form of an application to the Authority under Section 64 of the Land Acquisition Act, 2013 (for short 'the Act'). In the opinion of this Court, the appropriate remedy for the writ petitioner is to make an application under section 64 of the Act.

Admittedly, the award is already passed, but the compensation amount has not been disbursed. The writ petition is disposed of leaving it open to the writ petitioner as a special case to make an application to the Collector about his objection of the payment of compensation due to his claim over the property etc. Once such application is made, the District Collector shall proceed in terms of section 64 of the Act to make the necessary reference, if the same is otherwise in order. It is made clear that nothing is expressed on the merits of the matter.

2

Office is directed to immediately return the record in O.S.No.82 of 2013 which is summoned from the lower Court. No order as to costs.

As a sequel, the miscellaneous petitions if any shall stand dismissed.

________________________ D.V.S.S.SOMAYAJULU,J

Date : 09.09.2022 KLP