IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU APPEAL SUIT NO. 11 OF 2006 Between : The District Collector, Warangal District. ... APPLICANT A N D Mamidala Yellaiah and others . … RESPONDENTS THE HON'BLE SRI JUSTICE K.C. BHANU APPEAL SUIT NO. 11 OF 2006 JUDGMENT: This Appeal Suit, under Section 96 of the Code of Civil Procedure, 1908, is directed against the judgment and decree, dated 12.02.2004, whereunder and whereby, damages to a tune of Rs.1,30,000/- from the first defendant with interest and costs, was granted. 2. The brief facts that are necessary for disposal of the appeal suit may be stated as follows: Respondent Nos. 1 and 2 are the owners of the RCC building bearing panchayat Nos.4-34/A and 4-34/B, situated at Vangapahad village of Hasanparthy Mandal in Warangal District. The building bearing No.4-34/B was given on lease to Kakatiya Grameena Bank. On the intervening night of 4/5.06.993, extremists blasted the schedule building. Therefore, the respondents 1 and 2 filed the suit against the Government for claiming damages, after giving notice. 3. The contention of the appellant is that there is no obligation on the part of the Government to pay the damages to the building; that the actual damage caused to the building which was estimated by the Roads and Buildings authorities was paid to respondents 1 and 2 / plaintiffs, that the payment of exgratia is only at the discretion of the Government; that the damages claimed by respondent Nos. 1 and 2 are incorrect and therefore, he prays to set aside the impugned Judgment. 4. Though respondents 3 and 4 are added as parties, they are not necessary parties. Therefore, the trial court rightly dismissed the suit against them because, the respondent No.3 is a tenant in the house of the plaintiff and the respondent No.4 is the insurance company. Admittedly the building was not insured with the respondent No.4. 5 Based on the above pleadings the following issues have been framed by the trial court: 1. Whether the plaintiffs are entitled for the compensation and if so, at what rate and from whom ? 2. To what relief? 6. The evidence of PWs-1 to 3 would clearly go to show that the building was blasted with explosive substances by the extremists on the night of 04.11.1993. But the question of liability of the Government to pay damages has to be determined in this appeal. The trial court has not given any reasons fixing the liability on the Government. As seen from the impugned Judgment, the learned counsel for respondent Nos. 1 and 2 brought to the notice of the Court, that the Government issued various G.Os. Dated 26.02.1996, 05.10.1996, 07.06.1997 and 22.06.2001, relating to the exgretia relief to the victims of extremists violence. Those G.Os. have not been brought on record. The counsel for the respondent Nos. 1 and 2 also did not file the relevant G.O. about the liability of the Government in case the extremists blast the house of private individual or a private property. Without there being any opinion, simply the trial court granted Rs.1,30,000/-. There must be some evidence to show the liability of the Government with regard to payment of damages in case extremists blast the house of a private individual or a private property. Without considering this aspect, the trial court simply decreed the suit for Rs.1,30,000/-. Even though for mere damages for Rs.1,30,000/- there is absolutely no evidence to show the same. Therefore, the trial court has not appreciated the evidence on record and the relevant G.O. was not brought on record. Hence it is a fit case for interference. Therefore, the impugned Judgment and decree are hereby set aside and the matter is remanded to the trial court for fresh disposal, after giving opportunity to the both counsel to lead evidence with regard to damages payable to the private persons in case of extremists blast. 7. Accordingly, the Appeal suit is allowed with the above direction. No costs. ______________ K.C.BHANU. J MARCH 05, 2010. YVL/MD