Vs. State of A.P.  INSC 1155 (16 July 2008)
THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 5806
OF 2000 Mallepudi Venkatarao ...Appellant (s) VERSUS State of A.P.
appeal is directed against the Judgment and order dated 17th of February, 2000
of the High Court of Andhra Pradesh at Hyderabad in CRP No. 2706 of 1994.
a perusal of the Judgment of the High Court, we find that while deciding the
Civil Revision case, the High Court had not at all taken into consideration the
report of the Commissioner in its true effect without giving further
opportunity to the petitioner to defend his case in consonance with the
findings of the Commissioner in his report.
High Court, in its impugned order, had rejected the report of the Commissioner
and refused to exclude the lands covered by Hayrick mounds, Bodis, Canal bunds,
cattle shed, thrashing floor, which are non- agricultural land and do not come
within the definition of the land.
view of the above, we feel it appropriate to set aside the order of the High
Court and send the case to the High Court for a decision afresh in 2
accordance with law, after giving due weight to the report of the Commissioner.
the impugned order is set aside and the matter is remitted back for a fresh
decision of the High Court in accordance with law within six months from the
date of communication of this order. The appeal is thus allowed to the extent
indicated above. There will be no order as to costs.
Chatterjee] New Delhi; ..........................J.