A claimant cannot be denied their rightful compensation for land acquisition due to systemic misappropriation of court funds by staff, provided their entitlement was established and the deposit predates the reported scam period.

ORDER: (per the Hon’ble Sri Justice Nandikonda Narsing Rao)

Heard Ms. Srilekha Pujari, learned counsel for the petitioner; Mr.E.Ramesh Chandra Goud, learned Government Pleader for Land Acquisition appearing for respondent No.1 to 3; Mr. Vivek Jain, learned Standing Counsel for the High Court appearing for respondent No.4.

2. The instant writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking the following relief/s, viz.,

“……i) to declare the action of the Respondent No.4 in not releasing the land acquisition compensation amount in OP No.19 of 2012 on the file of Hon’ble Senior Civil Judge, at Gadwal, dated 28.09.2016 despite of final adjudication of title, as illegal, arbitrary, violative of Article 300-A of the Constitution of India; ii) to direct the respondent No.4 to take steps for release of the compensation amount in OP No.19 of 2012 on the file of Hon’ble Senior Civil Judge, Gadwal, dated 28.09.2016 lying in court deposit/FD to the petitioner and pass such other order or orders.”

3. The facts of the case are that the petitioner’s claim to be the owner of land in Sy No.73 admeasuring Ac.4-17 gts, Sy.No.74 admeasuring Ac.0-16 gts, Sy No.75 admeasuring Ac.2-29 gts of total extent of Ac.7-12 gts. Later, the respondent No.2 i.e., Land Acquisition Officer-cum-Special Deputy Collector (LA) unit JLIP, Gadwal has acquired the said petitioner’s land under Land Acquisition Act, for the purpose of formation of Ryalampad Balancing Reservoir. However, there was a title dispute between the petitioner and Sri G.Srinivasa Rao, G.Govind Rao, G.Vijaya Rao. The Land Acquisition Officer filed petition vide O.P.No.19 of 2012 before Senior Civil Judge, Gadwal and the learned Senior Civil Judge, Gadwal declared the petitioner herein as rightful owner and also granted compensation amount of Rs.8,08,700/-. The other respondents therein have preferred Appeal Suit before this Court, vide AS No.240 of 2017, and this Court after perusing the entire material on record has dismissed the appeal on 23.07.2024 and the matter has attained its finality.

4. As matter stood, the petitioner filed cheque petition before Senior Civil Judge, Gadwal in CRF.No.1325 of 2024 in OP No.19 of 2012, dated 23.10.2024 under Section 151 of CPC and later filed urgency memo petition seeking to direct the concerned to issuance authority for issuance of cheque to an amount of Rs.8,08,700/-, which was deposited in the Court by the Land Acquisition Officer, vide CRF No.1325 of 2024 in OP No.19 of 2012. The Senior Civil Judge, Gadwal, however did not number the petition and returned the petitioner by stating that the Cheque petitions are being issued only in respect of amounts deposited on or after 01.04.2022 and in the present case, the compensation amount was deposited in the Court custody on 09.03.2012.

5. On further enquiry by the petitioner, it was informed that one Sri Y.Sathyanarayana, Senior Superintendent who worked in the Court of Principal Senior Civil Judge Gadwal from 2015 to 2022 has scammed the compensation amount deposited in Court custody and a case has been registered against him before ACB, Mahabubnagar and further stated that on oral instructions from the High Court for the State of Telangana, the cheque petitions are not being entertained in respect of amounts deposited prior to 01.04.2022. Aggrieved by the same, the present writ petition is file