Madde Penchala Ramaiah v. The Special Deputy Collector (L.A)

THE HON'BLE SRI JUSTI CE A. RAMALI NGESWARA RAO CI VI L REVI SI ON PETI TI ON.NO. 2264 OF 2018 ORDER:

The petitioner/claimant No.79 filed the present Civil Revision Petition challenging the order in I.A.No.1 of 2018 in L.A.O.P. No.1 of 2011 pending on the file of the 5th Additional District Judge, Nellore. The proceedings arise out of the acquisition of land and consequential seeking of reference Under Section 18 of the Land Acquisition Act. The reference was also answered in favour of the claimants and against the same, State preferred Appeal in L.A.A.S. No.65 of 2015. This Court passed an interim order in L.A.A.S.MP.No.403 of 2015 on 30.4.2015 directing the appellants therein to deposit 50% of the enhanced amount and giving liberty to the claimants to withdraw the said amount without furnishing any security. There was a dispute with regard to the payment of Advocates fee and the Advocates appear to have filed O.S.No.67 of 2017.

They also filed I.A.No.623 of 2016 in L.A.O.P.No.1 of 2011 and the learned 5th Additional District Judge, Nellore, passed an order on 22.3.2017. Challenging the same, the Advocates preferred Civil Revision Petition No.1711 of 2017 before this Court. This Court disposed of the said Civil Revision Petition on 14.7.2017 directing that out of the amount of 1.

amount equivalent to the suit claim of the Advocates shall be retained and the same shall be kept in interest bearing fixed deposit in a nationalized bank and the balance amount can be disbursed to the respondent claimants.

Now, the claimants filed a cheque petition seeking withdrawal of the amount, originally on behalf of 62 claimants and out of them, they gave up the claim of 21 claimants and accordingly, an order was passed on 8.1.2018 by the lower Court permitting the withdrawal of the claim of 21 claimants and posting the matter for enquiry to 24.1.2018. The said order was passed in I.A.200 of 2017. When the cheque petition was filed in I.A.No.1 of 2018, the Trial Court raised the following objections:

"1. In view of the Orders of the Hon'ble High Court in CRP.No.1711 dated 8.12.2017, how this petition is maintainable without deducting the Advocate Professional fee of Rs.21,25,405/- from the defendants/respondents shall be stated.

2. After deducting the Advocate Professional fee, near copy of Cheque petition to be filed.

3. Calculation memo to be filed.

For hearing call on 24.1.2018."

Challenging the same, the present Civil Revision Petition is filed.

A perusal of the above objection raised by the Trial Court shows that the petitioner in I.A.No.1 of 2018 was asked to clarify the above points and this Court cannot interfere without submission of clarification/explanation to the points raised by the lower Court. As and when the petitioner in I.A.No.1 of 2018 submits the clarification, the lower Court shall pass appropriate orders in I.A.No.1 of 2018. This Court is not in agreement with the contention of the learned counsel for the petitioner that the said points should be construed as an order of the lower Court. The reading of the docket order dated 8.1.2018 cannot be construed as an order and as and when the petitioner submits the explanation, the lower Court is directed to dispose of the said I.A.No. 1 of 2018 in accordance with law. The Civil Revision Petition is accordingly, dismissed subject to the above observations.

Pending miscellaneous petitions, if any, shall stand dismissed. No order as to costs.

________________________ A. RAMALI NGESWARA RAO,J Date: 30.4.2018 KPM