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IN THE COURT OF THE HON’BLE PRINCIPAL SENIOR CIVIL JUDGE:

ELURU

E.A.No. /2018
IN
E.P.No. 44/2012
IN
L.A.O.P.No. 43/1986

Between :

Land Acquisition Officer & MRO, Eluru … Petitioner/JDR

And
Vankineni Jhansilakshmi and another … Respondents/DHRs

AFFIDAVIT FILED BY THE PETITIONER/JDR

*****

I, K.V.Chandra Sekhara Rao, S/o. Ramadasu, Hindu, Male, aged

about 58 Years, Occ: Tahsildar, Eluru, R/o. Eluru, do here solemnly

affirm and sincerely state as follows :

1. I state that I am the petitioner/JDR herein and I am well

acquainted with the facts of the case.

2. I state that the Respondents/DHRs did not mention in his

affidavit about the appeal filed in Hon’ble High Court which was

disposed off on 08.08.1996 and also appeal filed by the State in Hon’ble

Supreme Court of India.

3. THE PETITIONER/JDR HUMBLY SUBMITS THE TRUE FACTS

AS FOLLOWS :

i) An extent of Ac. 2-54 cents in R.S.No. 785/1 of Eluru non

municipal area was acquired for providing house sites to the
weaker section people and consequently after following due
process of law the learned the then Land Acquisition Officer
passed award No. 7/1986, Dt. 14.03.1986.
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ii) The Market value of the said acquired land was fixed at Rs.
42,350/- (Rupees Forty Two Thousand Three Hundred and
Fifty) per acre besides the additional benefits under the
amendment Act. No. 68/1984 of Old LA Act., 1894.

iii) LAOP NO.43/1986 ON THE FILE OF SUB-COURT: ELURU :

The DHR having not satisfied with the compensation value

fixed by the then LAO a reference U/sec.18(1) of Old L.A.
Act., was sought by the land owners for enhancement of the
compensation and accordingly the reference was made by the then
LAO and the same is numbered by the Hon’ble Court as LAOP No.
43/1986.

iv) THE HON’BLE SUB-COURT ENHANCED TO Rs. 50/- PER

SQ. YRD :

Accordingly the Hon’ble Sub-Court, Eluru by the orders Dt.

27.02.1991 in above LAOP No. 43/1986 enhanced the market
value to Rs. 50/- per Sq. Yrd., beside additional benefits.

v) A.S.No. 1740/1991 PREFERRED BY THE STATE ON THE

FILE OF HON’BLE HIGH COURT :

Thereupon, aggrieved by the decree Dt. 27.02.1991 in

LAOP No. 43/1986 the then LAO/MRO, Eluru filed an appeal in
the High Court of Andhra Pradesh, Hyderabad in A.S.No.
1740/1991 against the orders of Sub-Court, Eluru in LAOP
No.43/1986.

vi) INTERIM STAY BY THE HON’BLE HIGH COURT :

The Hon’ble High Court granted interim stay in CMP No.

12741/1991 in A.S.No. 1740/1991 on condition of Government
Depositing half of the enhanced amount and permitted the
claimants (DHR) to withdraw the same without furnishing security.

vii) CROSS OBJECTIONS :

The cross objections were filed by the DHR in above appeal

No. 1740/1991 seeking more compensation.
viii) THE COMPENSATION PAID TO THE DHR :
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As a result compensation paid to the claimant to the tune

of Rs. 11,52,079/- as detailed below :
i) Amount paid by the LAO & MRO, Eluru at
the time of passing of Award No. 7/85-86
Dt. 14.03,86 for Ac. 2.56 cts. Rs. 2,39,079-25
ii) Amount deposited in the Sub-Court,
Eluru on 09.04.92 as per the conditional
Stay order in CMP No. 12740/91 in A.S.
No.1740/91 ofA.P. High Court Rs. 9,13,060-00

iii) After Supreme Court orders Rs. 8,55,000-00

---------------------
Total : Rs. 20,07,139-25
---------------------

ix) DISMISSAL OF APPEAL IN A.S.No. 1740/1991 &

ALLOWING OF CROSS OBJECTIONS OF DHR :

The Hon’ble High Court while dismissing the appeal filed by

the Government by its Judgement Dt. 08.08.1996 in A.S.No.
1740/1991 allowing the cross objections filed by DHR in part and
enhanced the value of the land to Rs. 70/- per Sq.Yrds. instead
of Rs. 50/- per Sq.Yrds., beside additional benefits in favour of
the claimant which comes to about Rs. 17,27,479-70 Ps. with a
difference of Rs. 14,88,400-70 Ps. apart from the interest to
be paid on enhanced amount.

x) APPEAL IN SUPEREME COURT OF INDIA ::

Aggrieved by the decree and judgement in A.S.

No.1740/1991 dismissing the appeal and allowing the cross
objections of DHR the Government Preferred an appeal in the
Supreme Court of India, New Delhi and also filed special leave
petition for stay orders to avoid attachment of the Government
Properties by the DHR.

xi) E.P.No. 12/1998 IN A.S.No. 1740/1991 :

The Respondent/DHR filed E.P.No.12/1998 basing on the

orders in A.S.No. 1740/1991 and an amount of Rs. 8,55,000/-
being differential decrettal amount in A.S.No. 1740/1991 as per
decree Dt. 08.08.1996 on the file of High Court of A.P.,
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Hyderabad arising from the orders of Addl. Sub-ordinate Judge,

Eluru in O.P.No.43/1986. As such, the said amount was
deposited in the above E.P. on the file of the Addl. Sub-ordinate
Judge, Eluru vide office letter in Ref. No. 3131/1978, Dt.
07.02.1999 towards Civil Deposit.

xii) SUPREME COURT ORDERS IN APPEAL No. 5226/1998 ::

While the matter stood thus the Supreme Court of India,

passed orders on 19.04.2001 in the above appeal fixing the rate
of compensation as Rs. 50/- per Sq. Yrd., including the
consequential relief and solatium rate etc.,

xiii) PAYMENT OF EXCESS AMOUNT :

Thereupon, the then LAO and MRO, Eluru in his reference

Dt.21.08.2001 reported giving details of excess amount involved
and paid to the DHR for recovery. The Collector, W.G. Dist., Eluru
in Roc. F5/SW/48/1997, Dt. 22.10.2001 instructed to recover
the excess amount paid as per the verdict of the Hon’ble Supreme
Court of India, by filing restitution petition in the Hon’ble Court.

xiv) THE PRESENT E.P.No. 44/2012 IS FILED SUPPRESSING

ABOVE FACTS AND WITHOUT ANY DETAILS :

It is strange that the DHR filed present E.P. showing due

amount of Rs.22,25,305/- claimed by her. This is something
strange and taking advantage of pendency of proceedings for
decades and having blissfully aware of the orders of the Hon’ble
Supreme Court of India, Dt. 19.04.2001 in Civil Appeal No.
5226/1998 filed by Government.

xv) CALCULATION MEMO OF DHR FALSLY SHOWING DUE

AMOUNT AS 22,25,305-50 Ps. STILL :

As seen from the calculation memo there are no details or

payments from the award stage to the stage of disposal of appeal
by the Hon’ble Supreme Court. The DHR simple shown inher
calculation memo an amount of Rs. 22,25,305-50 Ps. without
mentioning any sequences of events and stages and simply filed
without any basis.
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I, therefore, pray that the Hon’ble Court may be pleased to

stay further proceedings of the E.P. including attachment orders passed

in the E.P., as Government paid excess amount as mentioned in the

calculation memo in the ends of justice. Else, Government suffers

irreparable loss and injury.

Be pleased to consider,

Deponent.

Solemnly affirmed and signed before me on this the day of

September, 2018 at Eluru.

Advocate.

IN THE COURT OF THE HON’BLE PRINCIPAL SENIOR CIVIL JUDGE:

ELURU
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E.A.No. /2018 IN E.P.No. 44/2012 IN L.A.O.P.No. 43/1986

Between :

Land Acquisition Officer & MRO, Eluru … Petitioner/JDR

And
Vankineni Jhansilakshmi and another … Respondent/DHR

PETITION FILED ON BEHALF OF PETITIONER/JDR U/ORDER,

21, RULE 26, AND SEC. 151 CPC.

1. DESCRIPTION OF THE PETITIONER/JDR.

The Land Acquisition Officer, & Mandal Revenue Officer, Eluru Mandal,
Eluru, W.G.Dist., EJCJC.

2. DESCRIPTION OF THE RESPONDENTS/DHRs.

1. Smt. Vankineni Jhansilakshmim, W/o. V.Sadasiva Chakradhara Rao,

Hindu, Female, aged about 64 Years, R/o. D.No. 8-4-26, Benerjipeta,
Eluru, W.G.Dist., EJCJC.

2. Sri Vankineni Srinivasaprasad, S/o. Sadasiva Chakradhara Rao, Hindu,

Male, Aged about 36 Years, Employee, R/o. 8-4-26, Benerjipeta, Eluru,
W.G.Dist., EJCJC.

For the reasons stated in the accompanying affidavit, the

petitioner/JDR therefore, prays that the Hon’ble Court may be pleased

to stay further proceedings of the E.P. including attachment orders

passed in the E.P., as Government paid excess amount as mentioned in

the calculation memo in the ends of justice.

Be pleased to consider,

Eluru,

Date : Counsel for the petitioner/JDR.