MUMMANENI VENKATARAMUDU Vs. SPL. DY. COLLECTOR
LAWS(APH)-2019-9-79
HIGH COURT OF ANDHRA PRADESH
Decided on September 06,2019

Mummaneni Venkataramudu Appellant
VERSUS
Spl. Dy. Collector Respondents




JUDGEMENT

M.Satyanarayana Murthy, J. - (1.)This civil revision petition under Article 227 of the Constitution of India is filed challenging the order dated 15.02.2019 passed in I.A.No.01 of 2018 in L.A.O.P.No.22 of 2018 (ANTP) by the Presiding Officer, The Land Acquisition, Rehabilitation and Resettlement Authority, Tirupati Region, Tiruipati, whereby the petition filed under Section 151 of Code of Civil Procedure (for short "C.P.C.") seeking permission to withdraw 3/4th share in the compensation amount as the dispute is only with regard to 1/4th share of compensation since the respondent No.2 set up a rival claim for the 1/4th share, was dismissed.
(2.)The petitioners are the claimant Nos.2 to 7 in L.A.O.P.No.22 of 2018. Their specific case is that the Collector acquired the land and passed an award and there is a dispute with regard to 1/4th share of compensation awarded. The compensation amount was deposited with the Authority, but without permitting the petitioners to withdraw 3/4th share of the undisputed compensation amount. Once there is no dispute with regard to 3/4th share of the compensation, there was no necessity to refer the matter without disbursing the undisputed amount to them. Hence, filed application seeking permission to withdraw the undisputed 3/4th share in the compensation awarded.
(3.)Respondent No.2 filed counter denying the material allegations inter alia contending that the acquired property belongs to one Mummaneni Venkatanna, who died intestate leaving behind his only daughter Chennamma. She had two sons i.e. Lekkala Venkatesu and Lekkala Pothanna. After death of Chennamma, one Mummaneni Venkatappa, who is the son of Chennamma's junior paternal uncle Usanna filed suit O.S.No.168 of 1946 on the file of District Munsif, Penukonda against Lekkala Venkatessu and Lekkala Pothanna claiming right and title over some properties and for partition and separate possession for some other properties. The suit is ended in compromise and decree was passed. The parties in the suit partitioned the properties as per the terms of the decree and enjoyed the same. The petitioners and some sharers denied the said partition and filed claim statement before the Special Deputy Collector, Land Acquisition HNSS-II, Anathapuram. Since there are rival claims between the parties, the Collector referred the same to be adjudicated under Section 76 and 77-2 of the Act before the Authority.
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