The Special Deputy Collector v. Chitrruri Sarvaraya Chowdary

HON'BLE SRI JUSTICE R. KANTHA RAO Civil Revision Petition Nos.5697, 5698, 5700, 5702, 5714, 5718, 5719, 5720 & 5729 of 2015 COMMON ORDER:

Heard Sri Kakara Venkata Rao, learned counsel appearing for the revision petitioner and Sri Narasimha Rao Davuluri, learned counsel appearing for the respondent, in all the revision petitions.

2. All these revision petitions have been filed against the respective orders contending that the calculation arrived at by the Principal Senior Civil Judge, Rajahmundry, is wrong and the compensation has been paid in excess.

3. These revision petitions are opposed by the learned counsel appearing for the respondents-claimants stating that the calculation made by the court below is correct and the said orders needs no interference.

4. Having gone through the submissions made on either side, this court is of the view that a fresh calculation needs to be done in all the cases, after affording an opportunity to both sides to file fresh calculation memos to arrive at correct amount of compensation.

5. Consequently, the orders passed by the court below in the respective petitions are set aside, all the matters are remitted back to the court below. Both parties are directed to file fresh calculation memos before the court below and the court below has to afford an opportunity of hearing to both parties and to file objections, if any. Thereafter, the court below is directed to pass appropriate orders in accordance with law by arriving at correct amount of compensation. The court below is further directed to dispose of all the matters, by the end of February, 2016.

6. All the revision petitions are accordingly disposed of without going into the merits of the respective contentions. No order as to costs. Miscellaneous petitions, pending if any in these civil revision petitions, shall stand closed.

_________________ R. KANTHA RAO, J Date: 31.12.2015 BSS HON'BLE SRI JUSTICE R. KANTHA RAO Civil Revision Petition Nos.5697, 5698, 5700, 5702, 5714, 5718, 5719, 5720 & 5729 of 2015

Date: 31.12.2015 BSS