THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.30880 of 2014 Dated : 21.10.2014 Between:
Ravula Swapna W/o.Yadagiri, Aged 26 yrs, R/o.Tadicherla Village, Malhalrao Mandal, Karimnagar District. & 2 others .. Petitioners And Deccan Grameena Bank, Rep., by its Chairman, H.No.2-1-520, 2nd floor, Vijaya Sri Sai Celestia, Street No.9, Nallakunta, Shankermet, Hyderabad-500 044 & another .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.30880 of 2014 ORDER :
The 1st petitioner claims to be the owner of land admeasuring Ac.2-00 in Survey No.915 of Tadicherla village, Malhalrao Mandal, Karimnagar District. The 2nd petitioner owns Ac.2-00 of land in Survey No.586 and Ac.0-41 guntas in Survey No.915 and 3rd petitioner is the owner of Ac.2-00 of land in Survey No.915 of Tadicherla Village, Malhalrao Mandal, Karimnagar District. These extents of land were acquired for the purpose of establishing the APGENCO Project. Compensation amount awarded in the land acquisition proceedings were credited to the respective accounts of the petitioners. The grievance of the petitioners in instituting this writ petition is that the respondent-Bank where, the amounts are deposited is not allowing the petitioners to withdraw the amounts to which they are legally entitled.
2. On instructions, learned Standing Counsel representing the respondent- Bank submits that rival claimants instituted O.S.No.45 of 2014 which is pending on the file of Senior Civil Judge, Manthani, Karimnagar District. The petitioners herein are arrayed as defendants 1 to 3 and the Manager of Deccan Grameena Bank, is arrayed as 7th defendant. Since the suit is pending and there are rival claimants and as the bank is also arrayed as defendant, the bank is not releasing the money. Since the petitioners herein, are also the defendants in O.S.No.45 of 2014 the petitioners can effectively prosecute their grievance in the said suit.
3. Having regard to the fact that there are rival claimants on the entitlement of compensation and as the rival claimants have instituted O.S.No.45 of 2014, wherein, the petitioners herein are arrayed as defendants, the issue of who is entitled to receive the compensation is now pending consideration by the competent Civil Court. When the issue is pending before the competent Court, this Court in exercise of extraordinary jurisdiction under Article 226 of the Constitution of India, cannot mandate the respondent-Bank to release the money as it would amount to frustrating the litigation pending before the competent Court. More particularly when the plaintiffs in the said suit are not parties before this Court. The petitioners will have to work out their remedies before competent Civil Court where, the suit is pending.
4. Accordingly, the writ petition is dismissed leaving it open to the petitioners to prosecute O.S.No.45 of 2014. There shall be no order as to costs.
5. Miscellaneous Petitions, if any, pending in this writ petition shall stand dismissed.
P.NAVEEN RAO, J Date : 21.10.2014 Rds