(Prayer: Petition under Article 227 of the Constitution of India,praying that in the circumstances stated in the grounds filed herein,the High Court may be pleased to present this memorandum of Civil Revision Petition aggrieved by the orders in I. No.509 of 2023 in L.A.O.P No.171 of 2006, Dt.14-12-2023 by the Principal Senior Civil Judge, Rajamahendravaram, East Godavari District

IA NO: 1 OF 2024

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to allow the revision and direct order to send for the amount of Rs.8,17,389/- with accrued interest from fixed deposit to the C.C. account of the court to enable me to withdraw the same on the file of Hon'ble Principal Senior Civil Judge, Rajamahendravaram and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.)

1. This Civil Revision Petition is filed challenging the legality and correctness of the order dated 14.12.2023 passed in I.A.No.509 of 2023 in L.A.O.P.No.171 of 2006 by the learned Principal Senior Civil Judge, Rajamahendravaram.

2. The Revision Petitioner is the petitioner/ claimant no.1, while respondent no.1 is the respondent no.1/Referring Officer, respondent no.2 is the respondent no.2/claimant no.2, while respondent nos.4 to 7 are the Legal Representatives of claimant no.2 in I.A.No.509 of 2023 in L.A.O.P.No.171 of 2006 on the file of the Court of the learned Principal Senior Civil Judge, Rajamahendravaram.

3. The facts that led to filing of this Civil Revision Petition, in brief, are that:

                  (i) The respondent no.1-Land Acquisition Officer, Special Deputy Collector (L.A.), Indira Sagar Project, L.M.C. Unit-1, Rajahmundry, had acquired an extent of Ac.5-65 cents of land in R.S.No.225/1A of Thantikonda village and passed an award awarding compensation of Rs.8,17,389/- in respect of the said land and since claimant nos. 1 and 2 made rival claims, he referred the matter to the Court of the learned Principal Senior Civil Judge, Rajahmundry under Section 31(2) of the Land Acquisition Act. The learned Judge answered the said reference holding that claimants 1 and 2 are entitled for apportionment of the compensation amount deposited by the Referring Officer, as per the decree and judgment dated 16.11.2007 in O.S.No.61 of 2008 on the file of the District Judge’s Court, East Godavari, Rajahmundry, subject to result of the appeal in A.S.No.245 of 2008 on the file of the High Court of Andhra Pradesh. In the said LAOP, the revisionist filed petition vide I.A.No.509 of 2023 praying the Court to send the amount deposited by referring officer along with interest from fixed deposit to CC deposit account of the court to enable the petitioner to withdraw the same contending that the Appeal suit vide A.S.No.245 of 2008 on the file of High Court was ended in compromise, as per which the petitioner has to pay Rs.6,00,000/- towards full and final settlement to respondent nos. 3 to 7 in the appeal suit and therefore, the petitioner is entitled to withdraw the amount deposited by the referring officer.

                  (ii) The respondent nos.4 to 7 and so also the learned Assistant Government Pleader representing first respondent reported no objection.

                  (iii) The learned Judge, having observed that there is no whisper that the respondent nos.4 to 7 shall forego their right in seeking their share in the compensation amount in the compromise decree and that there is no term in the compromise with regard to ascertainment of the shares between the parties in so far as 1/4th share entitled to by respondent no.2 in the compromise and that though respondent nos.4 to 7 reported no counter, did not endorse that the petitioner executed a promissory note in their favour, dismissed the petition.

                  (iv) The said dismissal order has been assailed in this civil revision petition.

4. Heard Sri K.Sivarama Krishna, learned counsel for Revision Petitioner. Even though the respondent nos.4 to 7 entered their appearance through their counsel, none appeared for them today.

5. Sri K.Sivarama Krishna, learned counsel, while reiterating the contents of the affidavit filed in support of the petition and grounds of revision would contend that the order passed in LAOP is subject to result of the appeal suit vide A.S.No.245 of 2008 and since the said Appeal Suit was ended in compromise as per which the petitioner has to pay to the respondent nos. 4 to 7, a sum of Rs.6,00,000/- towards full and final settlement of the of A.S.No.245 of 2008 and had already paid Rs.3 lakhs and executed promissory note for Rs.3,00,000/-, the petitioner is entitled to the amount deposited by the referring officer. He would further contend that the respondent nos.4 to 7 reported no objection on the petition, however, the learned Judge, unable to comprehend the terms of the compromise, in an erroneous view of the matter dismissed the petition. He would further contend that the order passed by the learned Judge is perverse and the same is liable to be set aside. Accordingly, prayed to allow the Civil Revision Petition.

6. Perused the material available on record and considered the submissions made by learned counsel for the petitioner.

7. Sri Saranu Phani Teja, learned counsel for respondents, filed the affidavit of respondent no.7, vide CRPUSR No.99168 of 2024. The affidavit states despite reporting no objection to allow I.A.No.509 of 2023 in LAOP No.171 of 2006, the same was dismissed. The said affidavit further states that respondent nos.4 to 7 have no objection to allow the revision petition.

8. In view of the contents of the affidavit, this Civil Revision Petition can be allowed without going into the merits of the matter.

9. Accordingly, the Civil Revision Petition is allowed, setting aside the orders dated 14.12.2023 passed in I.A.No.509 of 2023 in LAOP No.171 of 2006 on the file of the Court of the learned Principal Senior Civil Judge, Rajamahendravaram. There shall be no order as to costs.

Pending miscellaneous petitions, if any, shall stand closed.