THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR C.R.P. No. 850 of 2003 Order: This CRP is filed challenging the orders dated 19.12.2001 passed in I.A.Gr.No.2602 of 2001 in LAOP No.60 of 1994 passed by the Principal Senior Civil Judge, Srikakulam. The learned Civil Judge under the Land Acquisition Act, by the orders dated 07.03.2000 passed in LAOP No.60 of 1994, observed that the remaining sum of Rs.27,959-26 ps., out of the compensation towards the land in T.S. No.192 shall be kept in civil Court deposit till the person entitled to that amount comes up with proof of his title. In para 14 of the said order it was ordered as follows. “It is also ordered that the remaining amount relating to T.S. Nos.185, 188/1, 189/1, 189/2, 190/1, 190/2, 193 and 194/3 shall be continued in Civil Court deposit till rightful owners came up with proof of their title. The reference is answered partly in respect of claimants 6, 10, 11 and 13 in respect of T.S. No.192. The reference against other land is closed as the claimants failed to produce any evidence.” Then the petitioners herein seems to have filed an application under Section 33 of the Land Acquisition Act to recognize their claim and to give them an opportunity to establish their title in respect of Ac.0-38 cents of land covered by T.S. No.189/1 of Patha Srikakulam and also to pass an order for payment of Rs.11,354.85 ps., with accrued interest as per the award passed by the Land Acquisition Officer, Srikakulam. The learned Judge by the impugned orders observed that the petitioners did not contest the main reference when the reference under Section 30 was disposed of and that there are no rival claimants to adjudicate for considering the merits of the claim of the petitioners. Since in the earlier order it was specifically mentioned that the remaining sum of Rs.27,959-26 ps., out of the compensation towards the land in T.S. No.192 shall be kept in civil Court deposit till the person entitled to that amount comes up with proof of his title and when the claimants approached the Court subsequently the lower Court seems to be not justified in not giving them an opportunity to establish their title. In the circumstances, the impugned order is liable to be set aside and the matter be remanded to the lower Court for fresh disposal. Accordingly, the CRP is allowed and the impugned order is set aside. The matter is remanded to the lower Court with a direction to issue notices to all the respondents at the cost of the petitioners and after giving an opportunity to the petitioners and other contesting respondents to establish their title shall pass appropriate orders in accordance with law. ______________________ B. CHANDRA KUMAR, J. Date: 15.07.2011 Nsr