THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.29602 0f 2010 Between:
1. Kandipati Ragaiah, (died per LRs) and another PETITIONERS AND
1. The National Highway Authority of India, rep. by its Secretary, New Delhi, and others.
RESPONDENTS ORDER:
To day when the matter is taken up a letter bearing Rc.NH5.4720/2010, addressed by the Revenue Divisional Officer, Kavali, to the learned Government Pleader for Land Acquisition, is placed on record by the learned Government Pleader. According to the said letter, the competent authority-Revenue Divisional Officer, Kavali, passed Award No.1/2010, dated 10.12.2010. During the award enquiry it was brought to the notice of the Land Acquisition Officer that one Sri Kandipati Ragaiah of Gowravaram Village has filed a writ petition before the High Court vide W.P.No.29602 of 2010 regarding title over the subject land. It is further stated in the said letter that the Revenue Divisional Officer, Kavali ordered to keep the compensation in Civil Court deposit under Section 3H(4) of the National Highways Act, 1956 (for short ‘the Act’), as such, a cheque bearing No.885350, dated 12.08.2014 for Rs.95,881/-, being the compensation for the subject land along with other requisite documents, were handed over to the Assistant Government Pleader, Kavali on 22.08.2014 and the same were deposited before the Civil Court on 28.08.2014.
2. As per the provisions of Section 3H(4) of the Act – if any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the decision of the Principal Civil Court of original jurisdiction within the limits of whose jurisdiction the land is situated.
3. As evident from the above referred letter, the amount is now deposited before the Court of Senior Civil Judge, Kavali.
4. In view of the above reasons, without expressing any opinion on merits, this writ petition is closed, giving liberty to the parties to the present writ petition to approach the said Court of the Senior Civil Judge, Kavali, for redressal of their grievances. No order as to costs. As a sequel, the miscellaneous petitions, if any, shall stand closed.
JUSTICE A.V. SESHA SAI.
14th October, 2014 Js.